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Nintendo still taking down youtube content with copyright claims?

Woo-Fu

Banned
How is this any different than Nintendo has always been? Oh wait it isn't.

How long do you have to work in this industry before learning you don't use anything of Nintendo's without their express consent?
 

TriGen

Member
I am kind of curious about the monetization. I checked out a few videos on his channel and some started with an ad and some had no ads. Is he not monetizing certain videos? If that's the case then I'd make anything Nintendo related ad free and make money from the other videos. Or is every video monetized and it's just a case of ads stop showing up on my end if I watch a few videos on one channel?
 

lenovox1

Member
That's like me making a movie, a Ferrari gets shown, a character says "hey, a Ferrari, I like those" and Ferrari claims the profits for the entire movie. It may say that it doesn't want its product shown on the movie and have the movie taken down from cinemas etc., sure, but claim the profits? Good luck with that case in court son.

In that scenario, do you have an agreement set up with your distributor that if your material sets off a flag that they can give the grosses of your film to another entity? Because that's the only situation that's comparable to the YouTube one.

If a person doesn't like YouTube's rules and has a problem with Nintendo's participation in YouTube's automatic copyright claim system, nobody's forcing them to use YouTube. And if that's where they've cultivated your audience, they should know the rules.
 

Bagu

Member
I could have sworn I heard TB say they weren't going to show trailers anymore in general during the last podcast.
 

IrishNinja

Member
on one hand, this is always shitty and i look forward to NOA walking this back & hopefully learning their lesson

on the other, anything that pisses off this dude is cool by me, shame about Sterling in the crossfire though...by my count he's worth at least 14.5 TB's
 
It is a copyright CLAIM. Nintendo is saying that it owns the *whole three hour podcast revenue* because it showed a one minute advertisement of its product.

That's like me making a movie, a Ferrari gets shown, a character says "hey, a Ferrari, I like those" and Ferrari claims the profits for the entire movie. It may say that it doesn't want its product shown on the movie and have the movie taken down from cinemas etc., sure, but claim the profits? Good luck with that case in court son.

And that's not even going into how dumb Nintendo is for doing so, as showing a trailer is even less of an issue than Let's Plays as it is showing people *the exact part that Nintendo wants to be shown*, it is the *whole purpose of a trailer*.



Well, I'm not talking about TB should or shouldn't do, I'm talking about the insanity of Nintendo's business conduct perpetuated by Youtube's unruly copyright claim system.

Under the youtube content ID match algorithm, if you have a video of a certain length inside your video that matches content of a video that is copyrighted by a company. It'll get flagged. Several movie, tv studios and some other video game companies have this set up to eliminate those who copy a trailer they post. That is why if you look for a TV show on youtube, it'll generally be reversed, have some borders, be in poor visual quality and/or audio of poor quality except for the official one. Considering I don't think the podcast wasn't even viewable on youtube for long if at all, this is probably the case. Upon discovering this, Polaris(the channel which it is shown) probably pulled the video. Especially if the last statement is true, Nintendo would have difficulty alleviating this situation even if they wanted to.

Edit: in your ferrari example, they will have to get an agreement with Ferrari to allow the use of both the name and possibly the logo if they desire it in the movie. This is suppose to be the case with Youtube networks though i doubt TB ran it by Nintendo to make sure it was ok
 

lenovox1

Member
on one hand, this is always shitty and i look forward to NOA walking this back & hopefully learning their lesson

on the other, anything that pisses off this dude is cool by me, shame about Sterling in the crossfire though...by my count he's worth at least 14.5 TB's

I don't think Nintendo can do anything about this situation or much about preventing this situation from happening in the future.
 

Effect

Member
Even if Nintendo wanted to correct this I doubt they'd even be inclined to now with TB acting the way he has. Here is the thing though. He's been doing this for a long time. He knows how YouTube's system works. He should know full well certain things will get flagged automatically. He knows full well he has to contact various companies either himself or via any company he's been apart of to get permission, etc. I recall he did an entire video about that type of thing in the past. He's acting like a complete ass here.

This is good part of why I stopped watching his videos. I first started watching when he was mainly doing World of Warcraft content but over time he turned into this. Or I just became aware of this side of him and he was always like this.
 
On one hand Nintendo approaches these sort of situations stupidly compared to most other game companies that at worst would just turn a blind eye to somebody reposting an advertisement. Especially when they're just going to ship off a million different versions of the same trailer or ad to different game sites to loop indefinitely in-between their own videos. They deserve more shit for it, though I have a feeling it's probably more NoJ's attitudes towards content distribution overruling NoA's common sense. At least they haven't done anything close to the level of SEGA trying to remove any trace of Shining Force (or was it Yakuza?) ever existing on Youtube.

On the other hand everything I've seen of TB paints him as a giant egotistical prick. His posts on Something Awful's forums are a literal goldmine of pompous, over the top crap. Not sure why people feel they can't have an opinion on a dumb company policy if it's affecting someone they don't like though.
 
That would be something.

This didn't take long..

WGKZDdj.png

and nothing of value was lost
 

Riposte

Member
So this was automatically done by YouTube, yet people are treating it like someone at a Nintendo office pushed a button to personally fuck this guy over?
 

Oidisco

Member
I think I read a tweet a little while back saying the Video Games Awesome guys got flagged by Nintendo. I might be remembering wrong though.
Yea an episode of their old show suddenly got flagged, despite being up on Youtube for years. Seems kinda random.
 
So this was automatically done by YouTube, yet people are treating it like someone at a Nintendo office pushed a button to personally fuck this guy over?
It's worth questioning why this keeps repeatedly happening with Nintendo-related content on Youtube and not nearly to the same extent for other game companies and footage of their games, at least.
 

Exile20

Member
It is a copyright CLAIM. Nintendo is saying that it owns the *whole three hour podcast revenue* because it showed a one minute advertisement of its product.

That's like me making a movie, a Ferrari gets shown, a character says "hey, a Ferrari, I like those" and Ferrari claims the profits for the entire movie. It may say that it doesn't want its product shown on the movie and have the movie taken down from cinemas etc., sure, but claim the profits? Good luck with that case in court son.

And that's not even going into how dumb Nintendo is for doing so, as showing a trailer is even less of an issue than Let's Plays as it is showing people *the exact part that Nintendo wants to be shown*, it is the *whole purpose of a trailer*.

Well, I'm not talking about TB should or shouldn't do, I'm talking about the insanity of Nintendo's business conduct perpetuated by Youtube's unruly copyright claim system.

Where does it say Nintendo owns the video? Nintendo owns the 1 minute of the video that is part of your video. If you remove the 1 minute then you can post the video where ever you want. Nintendo is not demanding payment. I have no clue what your argument is here.

In your Ferrari example, yes they need to get permission. I think you need to read up on what the real issue here is.
 

lenovox1

Member
It's worth questioning why this keeps repeatedly happening with Nintendo-related content on Youtube and not nearly to the same extent for other game companies and footage of their games, at least.

To my mind, that means that they submit more content for Google to put in their "ID database" and/or content that's uploaded through their official channels are automatically given an ID. There's really not much to question there on that front.
 
D

Diggeh

Unconfirmed Member
Oh look, another time TB acts like a jerk.

Which is all the time.

Still unfortunate that Nintendo is so strict.
 

Mesoian

Member
I thought we didn't like TotalBiscuit?

I don't think we do. But it's still a giant problem.

What these companies are doing is not okay.

How is this any different than Nintendo has always been? Oh wait it isn't.

How long do you have to work in this industry before learning you don't use anything of Nintendo's without their express consent?

A more interesting question is how long does Nintendo continue to kill free publicity from people who are respected in the community?

I get that ContentID is an automatic process, but it's NOA's PR department's job to discern the good from the bad, least the only press they get from the community is bad press. They need to come up with a way to make it work or suffer the flak.
 

Dryk

Member
if he is making money off the video, he shouldn't be bitching and moaning about how much effort it takes to reupload it. that comes with the territory. i could be more sympathetic if it wasn't monetized.
That video goes up at the same time every week within a pretty small margin. Missing it by half a day is huge.
 

HariKari

Member
No, TB is using this to attack a company when he knew he didn't follow the rules. His hand got caught in the cookie jar, and he's claiming that the jar is the one at fault.

The problem is with the jar, because other companies have no issue with their content being monetized. Battlefield and Call of Duty, for example, benefit greatly by having additional exposure on Youtube. Nintendo is just gonna Nintend. Why apologize for bad policy? TB isn't gracious about it, sure, but he has a ton of subs and is great exposure for games that aren't a mess. You wouldn't go to a cable channel and say "Air this for free, please. No, we aren't paying for the production either."

It requires no effort on the part of Nintendo to allow this sort of thing. If they had lawyers familiar with the 21st century, that is.
 

Mesoian

Member
That video goes up at the same time every week within a pretty small margin. Missing it by half a day is huge.

It's not that huge. Rigid deadlines with this sort of thing are a bad idea in general. Too many pieces of the system that are outside of your control, too many things that can go wrong without a step taken by you personally.

It requires no effort on the part of Nintendo to allow this sort of thing. If they had lawyers familiar with the 21st century, that is.

Well...no, it does.

But at the same time, Nintendo is paying people to do just that.
 

daegan

Member
Why is this shocking or noteworthy? Yes, Nintendo would rather they make money from the trailer that they edited of the game they made rather than you do. How stunning. Capture your own footage next time?
 

Mesoian

Member
Why is this shocking or noteworthy? Yes, Nintendo would rather they make money from the trailer that they edited of the game they made rather than you do. How stunning. Capture your own footage next time?

It's a slippery slope issue. Consider the same issue caused by Sega a few months back where they intentionally torpedoed youtube channels that had footage of older Shining Force games in order to push Shining Force searches to their official trailers. Like him or not, TB isn't violating any copyright laws, his stuff shouldn't have been taken down, and Nintendo should have people watching social media networks to prevent this very thing. Leaving it to Google isn't sufficient anymore, not if you want your press to STAY good.
 

daegan

Member
It's a slippery slope issue. Consider the same issue caused by Sega a few months back where they intentionally torpedoed youtube channels that had footage of older Shining Force games in order to push Shining Force searches to their official trailers.

Yeah, I remember that, and it seemed crazy. Still, though, I feel this is different. It's not as if he captured the video himself, nor is it video of him playing.

Edit for your edit: Like it or not, the policies in place on Youtube allow content owners to try to control their messaging. Its hamfisted and not always effective but it is there and if they feel they need to do so...
 

Eusis

Member
It's a slippery slope issue. Consider the same issue caused by Sega a few months back where they intentionally torpedoed youtube channels that had footage of older Shining Force games in order to push Shining Force searches to their official trailers. Like him or not, TB isn't violating any copyright laws, his stuff shouldn't have been taken down, and Nintendo should have people watching social media networks to prevent this very thing. Leaving it to Google isn't sufficient anymore, not if you want your press to STAY good.
A part of the core problem here I think is the DMCA. That scares these companies to take extreme preventative action, and really this "block monetization" angle is probably the most reasonable one there is.

Anyways I'm GUESSING Nintendo can make exceptions if requested, and TotalBisquit doesn't really seem like the kind of guy to want to go through that. And frankly I can't fully blame him as for something like a podcast that may mean it'd go through a bunch of bureaucratic crap that simply isn't worth the hassle for something done once a week or whenever relatively quickly. It's worth remembering that it does seem that GOOGLE initiated this, Notch recounted them approaching him for monetization of Minecraft videos as I recall, and the likes of Nintendo may not have even seriously considered it until Google brought it to their attention.

Wait, is it really a podcast when on youtube? How far behind am I on these things?
 

Roto13

Member
on one hand, this is always shitty and i look forward to NOA walking this back & hopefully learning their lesson

on the other, anything that pisses off this dude is cool by me, shame about Sterling in the crossfire though...by my count he's worth at least 14.5 TB's

He's 14.5 obnoxious dickholes?

Sounds about right.
 

IrishNinja

Member
I don't think Nintendo can do anything about this situation or much about preventing this situation from happening in the future.

well if that's true, how did the smash bros evo thing get tied up?

He's 14.5 obnoxious dickholes?

Sounds about right.

you're not wrong, but sterling proved himself a useful obnoxious dickhole during the XB1 DRM fiasco, while TB doubled down on sophistry & his own irrelevance. plus i can enjoy jimquisition & his reviews from time to time.
 

lenovox1

Member
well if that's true, how did the smash bros evo thing get tied up?

In this particular situation, the video was likely flagged, YouTube informed the channel's owner that the video was flagged, and the channel's owner decided to delete the video. (Someone basically laid that out up thread.) Nothing can really be done now that the video has been deleted by the channel's owner.
 

Faustek

Member
To everyone saying that it's right for Nintendo on the basis that it's wrong to "monetize on someones else content"...how are you thinking?

Should game reviewers live on donations?
Should game sites in general just shutdown?
Every gaming forum that makes money from ads shutdown?

These are just 3 examples of "monetizing on someones else content".
Sure they could have made their own material but the 60 seconds of the trailer they apparently wanted to show was critical to the discussion as they where talking about that specific section.

Very Offtopic
Why do "we" dislike TB? he seemed as a swell guy. Even sweller that he isn't locked in by his favorite medium and can talk about other things as well, imo that is.
 
I'm sure a site like IGN can show the trailer in it's entirety and soak up page hits. Approved media is silly. It's like barring independent media from political press conferences.
 

fallagin

Member
To everyone saying that it's right for Nintendo on the basis that it's wrong to "monetize on someones else content"...how are you thinking?

Should game reviewers live on donations?
Should game sites in general just shutdown?
Every gaming forum that makes money from ads shutdown?

These are just 3 examples of "monetizing on someones else content".
Sure they could have made their own material but the 60 seconds of the trailer they apparently wanted to show was critical to the discussion as they where talking about that specific section.

Very Offtopic
Why do "we" dislike TB? he seemed as a swell guy. Even sweller that he isn't locked in by his favorite medium and can talk about other things as well, imo that is.

Exactly. Plus, why in the world are videos of games considered to be copyright infringement? If i take videos of my lawn mower should I be sued for it? Gee, i am showing sounds and models originally designed by that lawn care company, of course i should be sued!! Or is that right?
 

Rubius

Member
God I hate this fucking guy. If only this said he's going stop making all of his videos. Too bad.

He pretty much got told "Yeah the three hours of work you did? Well you wont get paid for them, unless you remove a trailer from it.". Would you work free for 3+ hours?
 

Talyn

Member
He pretty much got told "Yeah the three hours of work you did? Well you wont get paid for them, unless you remove a trailer from it.". Would you work free for 3+ hours?
Except that's not entirely accurate, the podcast is streamed live on Twitch every Tuesday and he has subscribers there paying $4.99 a month for chat access and some other pointless junk so he already got paid for the actual broadcast. His network, Polaris, puts the video up on Youtube at the end of the week and obviously he gets a cut of that as well although there are 2 other co-hosts on the podcast so I would presume this hurts them more than him.
 
He pretty much got told "Yeah the three hours of work you did? Well you wont get paid for them, unless you remove a trailer from it.". Would you work free for 3+ hours?

You are aware what he did was against copyright laws. Would you award him for breaking the law? Or expect him to comply with it like everyone else.
 

Sixfortyfive

He who pursues two rabbits gets two rabbits.
You are aware what he did was against copyright laws. Would you award him for breaking the law? Or expect him to comply with it like everyone else.
I hope you don't feel smart when you post something like this.

If you want to be consistent, then virtually everything on Twitch.tv breaks copyright law, or to be more accurate, "infringes on copyright." Any publisher has the right to swoop in and prohibit their products from being streamed if they so choose to expend the time and legal resources to fight that battle. Are you going to sit here and tell me that everyone using that site is a non-compliant criminal for not obtaining express written consent to stream other people's copyrighted works?

There's a lot of nuance to be found in this issue. Corporations like Nintendo are technically in the right to exercise tight control over their works, but the question isn't "can they," it's "should they." I'm hard-pressed to see what they gain from it.

It's possible to simultaneously think that Totalbisuit is a childish assclown who plays favorites, hurts his case, and is logically inconsistent, while also thinking that this particular issue really is something that needs to be challenged when the situation calls for it.
 

Codeblue

Member
He pretty much got told "Yeah the three hours of work you did? Well you wont get paid for them, unless you remove a trailer from it.". Would you work free for 3+ hours?

Not that this policy makes any sense, but I typically avoid well documented issues in my work, fair or not. For someone who makes his living on Youtube, he probably should have known the content ID system would flag him and either ripped some unofficial footage or taken the five minutes to record his own.
 

Orayn

Member
To everyone saying that it's right for Nintendo on the basis that it's wrong to "monetize on someones else content"...how are you thinking?

Should game reviewers live on donations?
Should game sites in general just shutdown?
Every gaming forum that makes money from ads shutdown?

These are just 3 examples of "monetizing on someones else content".
Sure they could have made their own material but the 60 seconds of the trailer they apparently wanted to show was critical to the discussion as they where talking about that specific section.

Very Offtopic
Why do "we" dislike TB? he seemed as a swell guy. Even sweller that he isn't locked in by his favorite medium and can talk about other things as well, imo that is.

The groups you're talking about have generally gotten permission from the publishers whose content they've used. Admittedly, it's a bit more complicated for an individual who isn't part of any particular media outlet to do that, but when you're a "big deal" like TB, it's probably better to make an attempt than to just fly by the seat of your pants, especially when you know how the automated Content ID system works and are just hoping that you don't run afoul of it.
 
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