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Nintendo starts making claims on YouTube videos again


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09 Dec 2013 17:13

Eternal Rain wrote:
Skawo wrote:Youtube's turned on it's revised Content Matching algorithm today, so lots of previously unnoticed videos will be caught.


That makes me think it won't just be gaming videos then. Videos using copyrighted music in a non-profit manner might be effected now too.


Indeed. That being said, it's failing ATM.
User avatar
09 Dec 2013 17:16

Dv8thwonder wrote:Once again, a perfectly normal business practice is blown out of proportion by sensationalist Western media. Google informs Nintendo, to protect themselves legally. Nintendo is not the only publisher or developer doing this.


I'll say this, it does feel rather suspect when certain media groups seem to single out only one company when yet it's usually many others who also do things like this (both Sega and Microsoft did even worse in the past, they actually got videos removed, accounts got strikes, and sometimes even banned).

Copyright in general, though, is one of those subjects that is so very slippery, especially in regards to the internet. What constitutes fair use? How far should a company go to protect copyrights? Can an American based company try and legally appeal to the governments of foreign countries in regards to websites famous for pirating like Pirate Bay? I gotta say these past few years make it hard to tell anymore "what's right and what's wrong." Only made worse when you try and bring in HEAVILY infamous proposed laws that never got passed like SOPA.
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09 Dec 2013 17:33

It's automatically approved and Youtube is the one ultimately responsible. Plus nintendo has every single right to make claims. They aren't removing the videos, so it's not that big of a deal.
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09 Dec 2013 17:34

TheDreamingHawk wrote:It's automatically approved and Youtube is the one ultimately responsible. Plus nintendo has every single right to make claims. They aren't removing the videos, so it's not that big of a deal.


"Fair Use" would disagree.

And it is a big deal if they're claiming videos that allow me to do what I do for a living.
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09 Dec 2013 17:48

AndreGX wrote:
TheDreamingHawk wrote:It's automatically approved and Youtube is the one ultimately responsible. Plus nintendo has every single right to make claims. They aren't removing the videos, so it's not that big of a deal.


"Fair Use" would disagree.

And it is a big deal if they're claiming videos that allow me to do what I do for a living.


Like I said, I hope you get it all figured out, and if what I'm hearing is true that this is a result of YouTube having implemented a new copyright claim algorithm then hopefully things will get resolved in time once enough complaints come in from various video makers.

I should clarify that right now I'm not really taking sides on the "legal issues" behind this whole situation. On one hand I am someone who understands that companies do need to protect copyrights so they don't lose them (there's apparently a law saying that not defending your copyrights is as good as saying you're giving them up, which to me sounds more like US law is probably to blame for certain situations), but I also understand that people like GameXplain and other video makers (whether it be YouTube, Blip, or others) often rely on using footage from copyrighted materials to make a living, and follow Fair Use as a way to avoid problems with the copyright holders. The legal issues regarding copyright are pretty much a double edged sword, either the company runs the risk of having their copyrights taken away due to a lack of enforcement, or the people following Fair Use lose the ability to make money. Take either side and the side you don't... side with will see you negatively.

As such I'll just say that I do hope Andre and the others at GameXplain get everything sorted out, and that things with YouTube and other companies do not get out of hand, lest backlash of a higher scale occurs.
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09 Dec 2013 17:48

I'm somewhat alright with this. Especially when GameXplain uploads video of the game's ending and secrets before it releases to the public. All for the sake of being "FIRST!". (I know I can choose not to watch it though.)

But then again, I've watched streamers from Twitch play Pokémon X and Y and seeing them customise their characters convinces me to buy the game.
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09 Dec 2013 17:52

peenbbb2 wrote:I'm somewhat alright with this. Especially when GameXplain uploads video of the game's ending and secrets before it releases to the public.


Actually, we can't post late-game content it until it releases to the public, so that's not correct.
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09 Dec 2013 17:52

AndreGX wrote:
TheDreamingHawk wrote:It's automatically approved and Youtube is the one ultimately responsible. Plus nintendo has every single right to make claims. They aren't removing the videos, so it's not that big of a deal.


"Fair Use" would disagree.

And it is a big deal if they're claiming videos that allow me to do what I do for a living.


My video was claimed by them a while back and nothing bad happened besides not getting paid because of acknowledging third party content. (Which I don't get paid anyway as I use my channel rarely.) Namco and other companies do the same thing, some of them doing it worse. (Remember Sega and the shining force conflict?).
User avatar
09 Dec 2013 17:55

the only claim I had on one of my videos was the Normal Vs Hero Mode comparison video I tried to release at the time that got copyright claimed, but the name of the video was removed from the strike so I have no clue what that means.
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09 Dec 2013 17:55

My videos never stopped being claimed. Even tough i don't place adds on videos i think may contain copy righted material. That's protected by fair use.
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09 Dec 2013 18:01

TheDreamingHawk wrote:
AndreGX wrote:
TheDreamingHawk wrote:It's automatically approved and Youtube is the one ultimately responsible. Plus nintendo has every single right to make claims. They aren't removing the videos, so it's not that big of a deal.


"Fair Use" would disagree.

And it is a big deal if they're claiming videos that allow me to do what I do for a living.


My video was claimed by them a while back and nothing bad happened besides not getting paid because of acknowledging third party content. (Which I don't get paid anyway as I use my channel rarely.) Namco and other companies do the same thing, some of them doing it worse. (Remember Sega and the shining force conflict?).


You are right that Sega did do worse.

But also remember that Andre and the rest of GameXplain are gaming focused channels that put out videos pretty much every day. So for them they rely on the YouTube revenue to make a living (though I must confess I have no idea how much money content creators even earn on YouTube, I've heard people make vague references that it's often "not a lot" though). Yes a random YouTuber who doesn't really use YT as a way to make a living won't be effected much, but a channel that's treated as a job would be.

Again, "legal matters," not taking any sides. I'm just saying this because I do feel it's unfair to compare a mostly inactive channel that doesn't care about making money from YouTube to one that's active and does.

And now I'll just end with this comment and say yet again to Andre that I hope the matter is resolved and that this whole situation with YouTube gets better. I've gotta study for exams, and I've probably spent a bit too much time here talking about this subject than I should have. So yeah, later.
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09 Dec 2013 18:04

AndreGX wrote:
peenbbb2 wrote:I'm somewhat alright with this. Especially when GameXplain uploads video of the game's ending and secrets before it releases to the public.


Actually, we can't post late-game content it until it releases to the public, so that's not correct.


Day before release:
http://www.youtube.com/watch?v=nzcDI5Ykf_E

Day before release:
http://www.youtube.com/watch?v=lg-tKP8Lvn0

Day before release:
http://www.youtube.com/watch?v=J6xj1CYgGSE

(Note: If this was private or whatever and then publicised after release, then excuse me, but, even then...[read below])

I would also have a gripe with releasing this stuff on day one or even a couple days after day one. Not fair for other people that do let's plays, since you often have weeks before the game releases to record these and people can't until they beat the game to that point.

And, whatever, really don't particularly care about the above either. However, putting in spoilery thumbnails of late game content in your videos or naming the video after some specific secret this early is rather bad. Please, if ANYTHING try not to do that.
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09 Dec 2013 18:06



Those were all posted after the game was available on the Wii U eShop, starting at midnight Eastern time, which is technically the day before in Pacific time which is what's being displayed.

Skawo wrote:And, whatever, really don't particularly care about the above either. However, putting in spoilery thumbnails of late game content in your videos or naming the video after some specific secret this early is rather bad. Please, if ANYTHING try not to do that.E


That's what we do now though. The recent videos you linked to didn't reveal any spoilers in the thumbnail or headline
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09 Dec 2013 18:11

@Eternal Rain

Yeah while Sega did do worse, they still had a reason to do so.

Also even tho I have a Youtube Channel, I don't consider my channel to be all that popular, But I still use it just incase someone decides to randomly watch my videos and I use it mostly for Video Game Video Walkthroughs, because I find it easier to record me playing my games then to write blocks upon blocks of text to turn into a walkthrough.

But If Nintendo does go after Videos again I am sure that they have a good reason to.
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09 Dec 2013 18:12

AndreGX wrote:

That's what we do now though. The recent videos you linked to didn't reveal any spoilers in the thumbnail or headfline


This does:
http://www.youtube.com/watch?v=btNKUSgRePI
And this does:
http://www.youtube.com/watch?v=qhVEu0ax0bw
And this does: (Thumbnail)
http://www.youtube.com/watch?v=_Y86lJpj-0U
And this does: (Thumbnail)
http://www.youtube.com/watch?v=j-milA0b3LI
And this does: (Thumbnail)
http://www.youtube.com/watch?v=QcfCVS_czEE

And, I'm not sure how recent "recent" is, but the first two are rather new. You could say those spoil a tiny part of the game, so it doesn't matter much, but still.
No Avatar
09 Dec 2013 18:23

Skawo wrote:And, I'm not sure how recent "recent" is, but the first two are rather new. You could say those spoil a tiny part of the game, so it doesn't matter much, but still.


Yes, by "recent" I meant videos that are less than a year old.

It's always a fine line with spoilers, and I'll admit I may not be perfect at guessing where that line is. But I didn't consider either of the linked videos to be that spoilerish. Nintendo even showcased one of them in their own promotional videos well before the game came out.
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09 Dec 2013 20:03

peenbbb2 wrote:I'm somewhat alright with this. Especially when GameXplain uploads video of the game's ending and secrets before it releases to the public.

So you're okay with somebody possibly being out of a job just because they sometimes (but not really that often) spoil something?
User avatar
09 Dec 2013 21:11

peenbbb2 wrote:I'm somewhat alright with this. Especially when GameXplain uploads video of the game's ending and secrets before it releases to the public. All for the sake of being "FIRST!". (I know I can choose not to watch it though.)

But then again, I've watched streamers from Twitch play Pokémon X and Y and seeing them customise their characters convinces me to buy the game.

This. GameExplain should stick to explaing games and not spoiling them in the title/preview image.
User avatar
09 Dec 2013 22:44

Nintendomination posted a video saying that he got a ton of claims... Not only from Nintendo, however, but from Square enix, ubisoft, capcom, Konami, ETC. It's due to a new Youtube policy, not because of the companies themselves. So it's mostly Google's fault, since EVERY company it seems is claiming videos.
User avatar
09 Dec 2013 23:31

I can confirm for sure this is effecting many people now and not just for gaming content. Andre from Black Nerd Comedy has gotten copyright claims on some of his videos, including ones he was asked to make by the copyright holder. For example his review of the MLP movie "Equestria Girls" got a claim from Hasbro, and a few other videos got claims as well.

Meanwhile, interestingly, NintenDaan says he's had no claims.

So I can confirm for sure now: this is a YOUTUBE problem, not a Nintendo problem. It's rather sad to see that Nintendo's the only one who's getting attention from this fiasco though because now people are WRONGLY assuming they're the sole party causing claims to occur, when it's really YouTube's flimsy as hell algorithms screwing around (and as said above, it's not just gaming content either). Lets hope YouTube gets all of this taken care of then.
No Avatar
09 Dec 2013 23:43

This is not something unique to Nintendo, but it's still dumb. These videos help sell games.
User avatar
09 Dec 2013 23:51

Lebesgue wrote:This is not something unique to Nintendo, but it's still dumb. These videos help sell games.


See above, I just said that it's pretty much confirmed now that this is a problem with YouTube itself.

(sorry but now that I have this knowledge I have to say that I really dislike that Nintendo's the one catching most of the blame, because I've always hated it when the party that's not DIRECTLY involved is catching all the flak for problems caused by another party)
User avatar
10 Dec 2013 00:34

Love GameXplain, I wish you guys the best of luck. However, people above are right, it isn't just Nintendo, but the whole new system of it by google.
No Avatar
10 Dec 2013 09:00

Google is informing everybody, someone doesn't care someone is.
GameExplain fails to explain.

If you don't want this to happen tell Youtube to have a legal policy less bend over to everybody that does claims.

I got a claim for an FFVII i remixed, yeah i remixed it and it's pretty different from the original.
Yet Square thinks it's from Advent Children, when it's not even similar to the AC version, so there you a copyright claim.

It's a bummer that you have to wait a month before getting even any kind of response.

Totally Nintendo's fault...ufff, stop this non-sense please.
No Avatar
11 Dec 2013 23:21

Oh come on, GameXplain and GoNintendo (and possibly other Nintendo-centric sites) are the only ones specifically pointing fingers at Nintendo.

Most other sites and news outlets I've seen report on this have stated it's mostly being targeted at ALL gaming-related channels, regardless of the type of videos they put out.

Also, for people saying this is okay, or they're fine with it, you do know Youtube is falsely flagging videos without permission from the rights holder, right? People who've properly licensed music for their videos are getting music ID matches and getting their top earning videos flagged. A few gaming companies even went out of their way to tell youtubers to just dispute all the claims so that the company can immediately dismiss it and let people continue as they were before. Companies didn't ask Youtube to do this for them. Some of them don't even want this, or didn't even know Youtube was doing this in their name.

This is basically Google/Youtube taking the most aggressive approach possible, without proper permission, at the cost of their userbase and content creators. This would be like burning a village to the ground just to find one petty criminal. Youtube should stick to letting IP owners and rights holders manage their own content ID matches, DMCA takedowns, and other such claims.

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