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Xbox One and Machinima: Be nice or neutral, and don't tell anyone we're paying you

Tobor

Member
If these videos don't identify themselves as paid endorsements, then it's illegal. Straight up.

There is nothing to argue about here, it's as simple as that.
 

fantomena

Member
Now I can't stop refreshing my phone.

Oh Microsoft, you should switch from a devices company to a pure entertainment company since you provide so much of it unintentionally.

Microsoft is without a doubt an entertainment company. Just look at this thread. Pure entertaimment made indirectly by Microsoft Corporation.
 
Oh man!


This is fucked up.

I was really wondering what had been written about this fiasco since it broke, and I checked up on the last thread and saw Jason Schreier had posted about how he wanted to take a better look into these situations in the past, but had other commitments and such, and in light of the new revelations he would start again, if that is correct? Either way, I'm glad to see the story finally find its legs, cause this whole thing stinks to high heaven and needs to be called out.
 
I don't get the outrage. People are upset that a joint marketing campaign between two companies using user-created content won't broadcast any disparraging remarks about their companies or products in those videos?
 
Am I crazy to wonder about how honest the coverage for certain Microsoft games have been, now that this illegal behavior has come out into the open?
 

cilonen

Member
I don't see the problem with this. All Microsoft is doing is paying and supporting the content creators supporting them. If other content creators who aren't fond of the Xbox Brand, decide to jump aboard and sell out on their personal beliefs for money, that's their fault and Microsoft's gain.

Just like any business contract, which this is, by the way, you aren't legally allowed to discuss the terms, conditions, or what you receive from it, so whatever.

The "you can't be negative about the Xbox One and it must be relevant" part also makes sense, why would the support you trashing their product? Besides, it's necessary. You already saw some posts on GAF discuss loopholes and ways to get money from Microsoft without doing anything. "Put it at the end of a totally unrelated video! Make a video discussing this bullshit and make money since it's about the Xbox One! Tall badly about the Xbox One and tag the video so you get paid!"

Can't blame Microsoft.

As a content creator and YouTuber myself, my channel is already practically a Xbox only channel (thanks Sony for making it so hard and BS to capture PS3 footage! And thanks even more for not allowing PS4 footage at all!), so I'm just getting paid for doing what I already do, I don't see the negative. Microsoft is just supporting those supporting them.


I know you're being sarcastic, and the hidden tag is hilarious, but seriously I sort of agree.

So how does the new video rate compare to that for forum posts?
 
FTC Example 7:
Example 7: A college student who has earned a reputation as a video game expert maintains a personal weblog or ‘‘blog’’ where he posts entries about his gaming experiences. Readers of his blog frequently seek his opinions about video game hardware and software. As it has done in the past, the manufacturer of a newly released video game system sends the student a free copy of the system and asks him to write about it on his blog. He tests the new gaming system and writes a favorable review.

Because his review is disseminated via a form of consumer-generated media in which his relationship to the advertiser is not inherently obvious, readers are unlikely to know that he has received the video game system free of charge in exchange for his review of the product, and given the value of the video game system, this fact likely would materially affect the credibility they attach to his endorsement.

Accordingly, the blogger should clearly and conspicuously disclose that he received the gaming system free of charge. The manufacturer should advise him at the time it provides the gaming system that this connection should be disclosed, and it should have procedures in place to try to monitor his postings for compliance.

So if getting goods counts as requirement to disclose, money counts as well.
 
This is the reason I don't like MS. They are far worse then the other two parties in doing these kind of anti-consumer tactics and fooling the consumers. Also since PS4 is kicking their ass even in NA now, look how all of a sudden Mr. Nelson's tone has changed to humble. I bet it would have been much different if XB1 was killing PS4 in sales.
 

LAA

Member
...This is why I hate MS lately...
I just can't support them when they are doing stuff like that (And that shitty policy about needing to release simultaneously)

I feel bad for the people who already have X1's. They surely can't feel great when MS is acting as desperate as this.
 
Microsoft is truly shameless. The thing is, I'm not even surprised. I don't go on YouTube for anything gaming related at all, and that's definitely not changing anytime soon with stuff like this out there.

I wonder what else they've done.
 
I don't get the outrage. People are upset that a joint marketing campaign between two companies using user-created content won't broadcast any disparraging remarks about their companies or products in those videos specifically created for this campaign?
 

Talamius

Member
This is youtube. You think the FTC actually applies to videos people put up? This isn't tv.

Actually, yea.

C/Ped from the FTC press release, bolded is relevant.

http://www.ftc.gov/news-events/pres...ises-online-advertising-disclosure-guidelines

Like the original, the updated guidance emphasizes that consumer protection laws apply equally to marketers across all mediums, whether delivered on a desktop computer, a mobile device, or more traditional media such as television, radio, or print.

If a disclosure is needed to prevent an online ad claim from being deceptive or unfair, it must be clear and conspicuous Under the new guidance, this means advertisers should ensure that the disclosure is clear and conspicuous on all devices and platforms that consumers may use to view the ad. The new guidance also explains that if an advertisement without a disclosure would be deceptive or unfair, or would otherwise violate a Commission rule, and the disclosure cannot be made clearly and conspicuously on a device or platform, then that device or platform should not be used.

Now, what's interesting here is annotation requirement in the MS agreement. It says the video must either be annotated with a link to the Xbox channel (which may be enough). IANAL, however. It would be interesting to hear an actual lawyer's opinion. Lawyer-GAF, assemble!
 

MormaPope

Banned
Yo, Microsoft, here's a forum payment plan I worked out:

  • 10 cents for every post that ends with a Microsoft/Xbox One signature or slogan
  • 10 cents for every post if the user has a positive Xbox One avatar
  • $5 for positive impressions about Xbox One hardware or software in Sony oriented threads
 

KingFire

Banned
This will probably become the norm.

Academics on Harvard Business School write academic papers all the time about companies they work for, or paid by, without disclosing that information (because they are not required to). There's one guy that wrote a paper about the economic stability of Iceland, concluding that the country was economically very stable. The fact was that he was paid about a quarter of a million dollar to write the paper. He didn't disclose that info in the paper, saying that the info was "public" so there's no need to disclose that.

We also see the fake reviewers on Amazon/Yelp etc, who are paid by PR firms to write positive reviews, and of course, these reviewers don't disclose that info.

Businesses have seen the potential of online reviews. They have seen the trust people put on strangers just because they appear to be unaffiliated with the company that made the reviewed product. Despite being unethical, this is a rational business move.
 
It fills my soul with happiness to see the Xbox One becoming the success it deserves. Only such a capable machine would fight back from the brink of death to complete the true underdog story.

Praise be Microsoft.
 

KMS

Member
but its just random blogger you tubers. Not real media companies.

The law in question speaks on just that as on traditional media you expect it were on blogs and more direct forms of media you have the expectation that it's the persons own opinion.

-edit somehow quoted the wrong person. Was a quote on why is it wrong.
 

ZealousD

Makes world leading predictions like "The sun will rise tomorrow"
I don't get the outrage. People are upset that a joint marketing campaign between two companies using user-created content won't broadcast any disparraging remarks about their companies or products in those videos specifically created for this campaign?

And the campaign isn't being disclosed. Microsoft is flat out paying Machinima to talk favorably about the Xbone and that they have to keep the agreement confidential.

This is straight up illegal.
 

jayu26

Member
Nah. I don't even get 100 views a video, on average. I'm a small channel that does all this for fun, but I'm just thinking about this from the viewpoint of a video creator.

Microsoft's paycheck to me will be a stunning $10 at most if I actually manage to get views. But seriously my latest videos all average at 200 views. :p

I would like to get paid, because, hey, easy money. But I'm so small I probably won't even get $3. I will make videos a lot this month though, mostly because I'm starting a new channel with friends for fun and what not. Fun fact, my other two friends only bought the Xbox One over the PS4 because they can't use the PS4 for YouTube as of now. I hope they fix this before Second Son, cause I want to make a review/Let's Play of it.

See you don't get. When I know you are getting paid by MS and then you say something positive (or even neutral) about MS games and/or console, my immediate reaction to that is...
Ron-Burgundy-Saying-I-Dont-Believe-You.gif

I don't really care how much you MS paid you, just that they paid you...
 

Finalizer

Member
Why can't everyone just stop hating and be happy Xbox One is doing well.

Assuming this isn't sarcasm, this is the exact kind of problem pointed out in the MN thread - people are confusing criticism with outright hatred and just forming a defense force for otherwise slimy/gross practices.

Seriously, regardless of what you think about the Xbone as a console in itself, think about what MS is doing here.

And don't waste your time bringing up Sony/Nintendo/Valve/whoever as a misdirection; if they do something similarly stupid they'd be called out separately for it.
 

PBY

Banned
And the campaign isn't being disclosed. Microsoft is flat out paying Machinima to talk favorably about the Xbone and that they have to keep the agreement confidential.

This is straight up illegal.

Ehhh everyone in this thread is a lawyer now.


Its super super slimey, but again, I have faith in MS legal.
 
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