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Something to fear
#11
(12-12-2016, 12:48 AM)Lord Windos Wrote: @PhantomUnderYourDesk and @Spiritmon

I think that argueing over Nintendo's rights and priviliages is a fairly moot point, personally. I get both of your arguments, I do, and while I personally feel more inclined to agree with Phantom's neutralist stance, that is beside the point. In the end, Nintendo is what it has always been: A corporation, bent on making as much money for itself and its shareholders as possible. As such, anything that infringes on that principle, or worse, costs them, should be taken care of prudently to avoid unnessary losses.

This is why they take down anything that use their IP: they want to protect their brand, and prevent it from losing its valve, either to prevent low quality content from flooding the market, or having a bunch of perfectly good, FREE content competing with what they are selling. They also have a right (or duty, more accurately) to ensure that, at the end of the day, the lights stay on, so ruthlessly pursuing rouge IP users and policing their content certainly falls in line. Nintendo, at the end of the day, is a company, and all its doing is trying to stay afloat.

.... That doesn't mean I agree with how they handle infringement and YouTube content, though.

First, for those that don't know, YouTube has a, frankly, broken, shitty automated system in place to handle Copyright Infringement, which is easy for people to exploit and weaponized against other. They have it in part to cover their asses against big corporation, as a way to palicate them from people showing off and using their brands. Pat of that system is whether or not a person, if they use ANYTHING from their IP in their videos, show be allowed to monetize it.

Corporation can either allow it, choose to demonetize them in protest, or, here is the kicker, outright steal the ad revenue for themselves with no recourse. This mess causes a bunch of problem for the people hit with this, causing a bunch of legal troubles and disputes that is always time consuming to take care off, and ultimately leaves a Channel Operater poorer for it. Meanwhile, acorporation can sit back and rank in ad rev from someone else original content, and never has to pay the guys back if they get their right back. Their is also Content ID, but the less said about that, the better...

I bring this up because Nintendo is perhaps one of the more egregious users of this broken, exploitable, and easily weaponized system. Anything that even has a scarp of footage from their games/original content, even if it was trailer footage? Zap! Its theirs now, and they can run ads and profit on those videos if they wish; even if those video were the original content of their creators! Even if they choose not to run bleeding ads on it in the first place!!!

While bluring the line a bit, Fair Use is certainly a big part in using unoriginal content for use in creative, interpretive works; its how letsplayer, reviewer and critics of various media can stand to profit at all. People's livelyhoods often come from the ad revenue they make on videos, and the fact that it can be taken away any minuted by an automated system set by a Corp that does not give a ****.... its horrifying.

The fact that Nintendo is one of the biggest users of this system, with them standing to profit off other people's works without even their say so, cast them in a VERY negative light to me. Doesn't help they also try to further police their IP by arranging deals with big name Youtubers, screwing with the livelinghoods of thousands other, making them appear veeeeery shifty in many eyes. And shity too, just to put it out there. Their is also the artificial scarcity racket they like to run with amiibos and small NES, but that is a topic for another discussion.

Then their is how they handle games that use any of their IP: they weld a hammer, and smashes them to pieces. Either with CoDs, or vague and menacing threats from their lawyers, they always take down anything they set their sights on, and while they are permitted to do so, it does not mean that they always have to. For works that try to profit off their IP: Hammer away, Nintendo! For popular, non-profit works: calm down, and why not work something out peacefully? These types of works don't stand to make any money from your IP, and in fact can serve as a form of advertisement for you, and you still take them down? Really? Is that so necessary. or can't you and your lawyers think of something else?

The point I am trying to make, with those paragraphs, is while Nintendo certainly has a right to do what is necessary to protect their intellectual property, they are not totally without blame for the way they enforce their rights. I like what they produce, and I want to believe the best in the people that work their, but by Arceas, they can stand to tone down their draconian tactics and be more consumer friendly! Nintendo is not bad, per say, but they can be right bastards in some situations...

I agree. Nintendo instead of break to pieces the work of others, they could take advantage from the creators, and see the potential from this people. Lets say one person make a FanAnimation from the anime Pokémon, and really looks awesome. Instead of break the Chanel from this person, they could take advantage to use the abilites in animation of this person, and talk, to make a Animation in the name of Nintendo to provide merchandising to the Pokémon Anime AND the game. This is really a poorly example I know, but its just a Idea to ilustrad what I mean.
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