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nintendo taking money from their fans. where do you stand?

Posted on 2/6/15 at 12:59 pm
Posted by demosa
Member since May 2014
213 posts
Posted on 2/6/15 at 12:59 pm
the argument is that video games are copyrighted content, so if you make money by posting a video of you playing the game, the dev/publisher deserves a slice. YouTube takes their 30% cut from ad revenue, and the rest is for the user.

Nintendo for a while has taken all of that ad revenue that would normally go to the person making the video for themselves. note that blizzard, valve, bungie, etc and most other devs alllow players to profit from their games like this. not Nintendo. Recently, Nintendo announced a new program to allow users to get paid for their Nintendo videos.... Although nintrndo still gets a big cut, and you have to remove non Nintendo videos from your channel if you want to get approved, which is ridiculous. Or, you can submit each game individually, which may or may not be allowed to be monetized by Nintendo.

like many others, I feel this is bullshite. if I buy a product, I can do what I want with it. I don't owe Microsoft any money if I make a YouTube video series on excel and profit from the ad revenue. I don't owe Apple any money if I make ad money by posting a full walk through video of their newest device.

people subscribe and watch those YouTube channels because of the personalities and the people. They add voice overs, edit, intros, outros, and spend all this work on their video, only for a company like nintendo to come in and take all their profits...after Nintendo already profited from the sale of the game.


the worst part? a guy on twitch can play through an entire Nintendo game and make money from ads, subs, and donations. He's profiting off the game, so where is mighty Nintendo in this scenario? why isn't Nintendo taking profits from twitch users?

The system is broken. bungie, valve, blizzard, ubisoft, and most other devs and publishers don't raid their fans' piggy bank for playing their games. nintendo, on the other hand, doesn't hesitate to fleece their fans on YouTube for such a "criminal" act, yet inconsistently allows players to profit fully on other channels.

Nintendo and copyright law in general are both complete jokes
Posted by J Murdah
Member since Jun 2008
39784 posts
Posted on 2/6/15 at 1:03 pm to
thats capitalism
Posted by taylork37
Member since Mar 2010
15328 posts
Posted on 2/6/15 at 1:17 pm to
quote:

if I buy a product, I can do what I want with it.


This sounds nice, but its not nearly that simple.

Posted by stout
Smoking Crack with Hunter Biden
Member since Sep 2006
167317 posts
Posted on 2/6/15 at 1:19 pm to
quote:

like many others, I feel this is bullshite. if I buy a product, I can do what I want with it.



You aren't buying the rights to profit off of their intellectual property. You are merely "renting" the rights to use it for your own private use.

It's not hard to understand at all.


quote:

copyright law in general are both complete jokes




I would like you to expand on this. Not saying I disagree but I want to hear your argument.
This post was edited on 2/6/15 at 1:21 pm
Posted by taylork37
Member since Mar 2010
15328 posts
Posted on 2/6/15 at 1:33 pm to
Maybe its not a very apt comparison, but it is kinda like royalties for actors IMO. Yes they were paid up front, but as the company who hired them continues to use that media for profit, the actors are entitled to a share of that. IMO this is fair.
I'm also assuming that is also worked into an agreement somewhere.

I am not educated fully on what Nintendo is trying to do but I wonder if they legally have this right. Is the agreement made at purchase?
Posted by HeavyCore
Member since Sep 2012
2552 posts
Posted on 2/6/15 at 1:35 pm to
quote:

demosa

You're wrong.
Posted by oauron
Birmingham, AL
Member since Sep 2011
14512 posts
Posted on 2/6/15 at 1:57 pm to
The general consensus is that Nintendo is legally right, but they're making a mistake. They're actively going against free advertising and something that other publishers embrace as part of the community.

Nintendo will get around to the rest of the industry.
Posted by musick
the internet
Member since Dec 2008
26125 posts
Posted on 2/6/15 at 2:11 pm to
do you even copyright bro?

in the music industry, the original artist/writer of a song gets royalities on any cover version (or parody, ask Weird Al about eminem) that is produced and earns profits (much less, having to buy off the rights or get permission to release it in the first place).

In this same argument, are you actually saying if I produced a beavis and butthead style parody, of the actual video footage from the original artist, and made it my own, that I should get all the cuts, and that person who produced the work and spent all the money doing it shouldn't?

I'm just sayin.

And I'm an advocate of free music/video downloads.
Posted by oauron
Birmingham, AL
Member since Sep 2011
14512 posts
Posted on 2/6/15 at 2:20 pm to
There's a fundamental difference between music and video games. Games require human interaction and the material we're talking about has commentary and things alongside it. You also believe that reviewers should pay publishers for doing a video review?
Posted by Mr Gardoki
AL
Member since Apr 2010
27652 posts
Posted on 2/6/15 at 2:21 pm to
quote:

The general consensus is that Nintendo is legally right, but they're making a mistake

This. It is free advertising, don't turn it down. I feel like this is another one of those moments where Nintendo's Japanese customs are disconnected from the West.
Posted by Drewbie
tFlagship
Member since Jun 2012
57929 posts
Posted on 2/6/15 at 2:34 pm to
quote:

demosa

You're pretty dim. They are completely within their rights to do so. Other companies may not agree with the act, because having your game played on youtube/twitch, etc. is free marketing and advertisement. But Nintendo has come to the conclusion that it's not needed for them and would rather make the royalties they are legally entitled to instead. Is it annoying if you make youtube videos? Sure. Want to fix it? Play other games.
Posted by Drewbie
tFlagship
Member since Jun 2012
57929 posts
Posted on 2/6/15 at 2:35 pm to
quote:

do you even copyright bro?
Monstercat doesn't. Kappa
Posted by Mr Gardoki
AL
Member since Apr 2010
27652 posts
Posted on 2/6/15 at 2:39 pm to
By the way you do not have to remove all non nintendo content, that was an internet overreaction.

LINK
In poor phrasing they were trying to help people get registered for their program and people took it to mean that they have to remove all non nintendo content.
Posted by demosa
Member since May 2014
213 posts
Posted on 2/6/15 at 3:18 pm to
quote:

You aren't buying the rights to profit off of their intellectual property. You are merely "renting" the rights to use it for your own private use. It's not hard to understand at all.


i understand it perfectly, i just don't agree with the premise

if i devote a YouTube channel to word and excel videos, and make dozens of videos walking people through the software, showing them how to use it, should microsoft be taking my share of the ad revenue?

why can I go on twitch and do a full play through of super Mario 3d world, and keep almost all of the money I make in ad revenue, subs, and donations, without Nintendo getting a dime, but if I do this on YouTube, I get nothing? that's like Taylor swift banning her music from spotify, but allowing it on other streaming services.

it's because Nintendo doesn't care about protecting their ip, they care about their bottom line and will resort to fleecing their fans if it helps their finances. if twitch revenues approached YouTube revenues for their games, they would raid twitch streamers and claim their ip was being improperly exploited for financial gain.

copyright law sucks because
a) it's outdated and abused
b) inconsistently applied
This post was edited on 2/6/15 at 3:22 pm
Posted by RTR America
Memphis, TN
Member since Aug 2012
39600 posts
Posted on 2/6/15 at 3:23 pm to
quote:

They are completely within their rights to do so.


And they are really fricking dumb to do so. It is free advertising.

These let's players will always have games to play, the indie devs love when their games get played by these big channels.

People watch these let's players because of their personalities, not because of the games.
Posted by FourThreeForty
Member since May 2013
17290 posts
Posted on 2/6/15 at 3:35 pm to
I don't really mind all this to tell you the truth. Nintendo has always made top notch games without being run by a company primarily founded on electronics and things other than video games (which Sony and Microsoft fit the bill on).


Occasionally they'll pull a money scam here and there but I mean can you really blame them? They survive off of first party titles and haven't had to rely outside the company since the Nintendo 64, which there was really no competition in gaming outside Nintendo at the time other than Sega etc. I believe things like this are really expanding the company and bringing them further into the modern age of thinking. If you haven't noticed lately, they've struggled time and time again since the release of the Wii U due to poor preparation and game management for the new console. Now that they have legit solid content to release their sales are going through the roof (relative to their recent endeavors). Tell me when's the last time anyone was so excited for Nintendo products especially out of the Zelda series? I know I know...I am a Nintendo fan boy but I really couldn't care less what they do with their ads and their other marketing shite because you can't deny they release quality games any time they put a lot of resources into it. Besides, there are thousands and thousands of Xbox and Sony games you can put on YouTube and stream right?


Stop bitching.
Posted by demosa
Member since May 2014
213 posts
Posted on 2/6/15 at 3:38 pm to
also what rtr said. these youtubers will make their ad revenue regardless of the game, it's their personality and character that attracts views. nintendo isn't protecting their ip, they're exploiting the natural ability of these youtubers.
Posted by stout
Smoking Crack with Hunter Biden
Member since Sep 2006
167317 posts
Posted on 2/6/15 at 3:46 pm to
quote:

nintendo isn't protecting their ip, they're exploiting the natural ability of these youtubers.



You can't have one without the other. The Youtubers wouldn't have an audience without the games to create the videos.

It should be a mutually beneficial relationship which it seems like Nintendo is trying make it that way. Just because other publishers don't do it that way doesn't mean everyone has to follow suit.

Nintendo has never done things the way everyone else does them ever because they don't have to. Why would they start now?
Posted by Drewbie
tFlagship
Member since Jun 2012
57929 posts
Posted on 2/6/15 at 3:49 pm to
quote:


And they are really fricking dumb to do so. It is free advertising.
Agree. But they have the right to do it. So bitching isn't going to change the law. Here's the solution, don't post Nintendo games to YouTube. It's not like they have the market cornered on games.
Posted by BottomlandBrew
Member since Aug 2010
27106 posts
Posted on 2/6/15 at 3:55 pm to
quote:

intellectual property


Maybe someone can explain this to me, because I'm ignorant on this stuff.

A gamer buys a game. He makes video of himself playing the game and making commentary. He is essentially using his own ability in combination with the product he purchased to make money.

A baseball player buys a bat. He uses that bat in combination with his own ability to play baseball and make money.

Why is there a difference between intellectual property and actual property? I'm not saying one way is better than the other, just trying to understand. I'll hang up and listen.
This post was edited on 2/6/15 at 3:56 pm
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