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Nintendo decides it owns YouTube's Let's Play scene
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That's incorrect. If you read what you wrote, you clearly state that watching an LP means they decide not to buy the game and so it's a lost sale. You are indeed, stating it absolutely. If you wanted to be clear you should have instead wrote:
However: For someone who wanted to buy the game originally, the instant they decide to watch a complete LP of a linear game (and follow through with it), they may decide against buying it. So a Sale lost.
Which I would find very hard to disagree with, because it's true. If the person at the start has no intention of buying the game, then the LP can only be potentially positive in convincing them to do so. Otherwise it's no net negative effect anyway, the sale was never theirs in the first place.
Alternatively: You have communicated your point extremely poorly.
... But you were responding to Aegeri saying that the cost of recording Lets Plays is a drop in the bucket compared to the cost of the game getting made in the first place.
Unmotivate - Updated May 17th - "Let's Complain About Nintendo"
The PA Forumer 'Lets Play' Archive - Updated March 25th, 2013
Stability doesn't effect whether something is a job, getting paid does.
I fully believe they deserve a portion of that.
After 2 pages, you still don't get the line right, or why you're still wrong.
Here's a hint: There's a reason I wrote what I wrote instead of what you wrote in bold letters.
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So anything that doesn't guarantee a stable income isn't a job? Wow, no wonder there's so few of them around these days.
It's a gamble. We're not talking about a factory being shut down because Mitt Romney bought it and fired everyone. We're talking about the recording of software owned and distributed by companies and trying to make money from the ad revenue those videos generate. It was a gray area at best, no guarantee that it was your money to be had. The other shoe dropped and we've discovered it's not the LPers' money to be had.
Unmotivate - Updated May 17th - "Let's Complain About Nintendo"
The PA Forumer 'Lets Play' Archive - Updated March 25th, 2013
To be fair, I dunno if he meant it shouldn't be considered a job, or if he meant it shouldn't be a job that people hold (for their sake). his wording makes it ambiguous. Considering Henroid's past, I'd be willing to give him the benefit of the doubt and assume the latter.
EDIT: ^^ Ah, sort of both interpretations, joined at the hip, it seems?
I just elaborated on this, it's the post right under yours that I'm quoting.
Unmotivate - Updated May 17th - "Let's Complain About Nintendo"
The PA Forumer 'Lets Play' Archive - Updated March 25th, 2013
Because you like being inaccurate? I mean, I quoted exactly what you wrote and you're still trying to claim you didn't say what you actually clearly wrote. That argument implicitly requires that people want to buy the game originally for it to be a lost sale. If they don't, it's not a lost sale. That simple.
Would you buy a DVD and then have people pay to be able to see it?
Unmotivate - Updated May 17th - "Let's Complain About Nintendo"
The PA Forumer 'Lets Play' Archive - Updated March 25th, 2013
If you are making that much money then you should be able to leverage that celebrity to branch out into something other than Let's Plays as well, but if you are truly the size of a business, handle yourself that way.
That's a job.
Ah, so you're against used game sales now?
Gamestop should be shut down for making a profit off of other's work?
Some people on both sides need to understand this. LPs are not something you can make a blanket statement about either way. Thy are not always free advertising. Quite frankly a lot of them are some guy who thinks he's funny shitting all over the game. Some people out there might end up not buying a game because they can just watch it. Some people out there might buy a game because they watched it and it looked cool.
The difference here is that the cinema is a pre-existing construct, with rules that were built up around it as it developed as a business.
No one is bothering to build up the rules surrounding LPing at the moment (not least because nobody's quite sure whose ball park it should fall into to regulate).
The problem is getting there first and risking losing your channel is a very real prospect.
The license you buy for a DVD prohibits assembly viewing, actually. Technically, you're not supposed to watch a DVD with more than a few people in the room. There was an internal document leaked from Microsoft about kinect 2.0 uses, and one of the examples they gave was that it could scan the room when watching a movie to see how many viewers were watching, and if it exceeded the license limit, the playback would shut off and ask for more money.
Suffice to say, the proposition was an extreme turn off to several. However, to answer your original question - if you were going by the word of the law, if you bought a DVD and more people saw it than the license allowed, then yes, the content provider would like more money
It is if those videos are certifiably your content. The question is "Are Lets Plays the content of the uploader, or the content of the developer/publisher?"
As I said, we've discovered that it's the latter. It merely went unanswered all this time.
Unmotivate - Updated May 17th - "Let's Complain About Nintendo"
The PA Forumer 'Lets Play' Archive - Updated March 25th, 2013
Unmotivate - Updated May 17th - "Let's Complain About Nintendo"
The PA Forumer 'Lets Play' Archive - Updated March 25th, 2013
A time limit does not define fair use. For example, this is almost 3 minutes of Nintendo footage, and I think most people would agree it is fair use. In fact, it was part of an actual commercial program in the '90s.
We know the same thing we've always known, which is that YouTube takes the path of least resistance when dealing with copyright claims, and that several of the major partners like Machinima and TGN are prepared to bring lawyers to defend LPers under Fair Use, which is more than many of the games companies are willing to do to prosecute.
Right but all we have with today's news is that Nintendo doesn't like it. Which is their prerogative. Still plenty of opportunity for these LPers to make a living on other platforms/titles.
I mean it feels like Sony is actively embracing this culture, with the live sharing on PS4. I'll be able to watch my friend play all the way through a game right through their console
I have to think MS might be right there with them even after raising a stink last year the same way Nintendo is today and then backtracking.
The point I was making, TSR.
Unmotivate - Updated May 17th - "Let's Complain About Nintendo"
The PA Forumer 'Lets Play' Archive - Updated March 25th, 2013
And going back to the first page of the thread, Nintendo have also discovered that many don't regard their time and effort for their channels to be worth giving Nintendo free advertising anymore. So have decided to just entirely stop doing LPs and similar of Nintendo products.
This is an all around loss and it isn't one that should happen IMO.
Yeah I don't disagree with the "Let's Plays are free advertising" thing. I have called into question how much impact they have on sales though.
Unmotivate - Updated May 17th - "Let's Complain About Nintendo"
The PA Forumer 'Lets Play' Archive - Updated March 25th, 2013
Okay, we'll find out when any litigation wraps up then. But I'm viewing how things stand at the moment and all I can do is shrug rather than feel outrage or sorrow for people's lost ad revenue.
Edit - And to be clear I'm not happy about it either. I'm just not surprised.
Unmotivate - Updated May 17th - "Let's Complain About Nintendo"
The PA Forumer 'Lets Play' Archive - Updated March 25th, 2013
Yeah, this strikes me as being a big part of the issue. It's theoretically possible to make a career in a cover band, but there is a very straightforward process to getting mechanical licenses from the Harry Fox Agency to make sure that the original creators get paid for their work. No such process exists for video games as of yet, and I don't see that happening any time soon unless the ESA steps in. As far as I can tell, making money off of LPs is a fairly recent concept, so this is uncharted territory and Nintendo is taking an overreaching first step. I don't like Nintendo's stance of taking all the ad revenue, but a split in the revenue certainly seems justified to me.
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Ah, well the unfortunate answer is that it looks like we're marching towards a future where the situation you describe could, potentially, become reality.
Because it sounds like it was the latter group who have decided to pack up and go home. In which case... don't let the door hit you on the way out.
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I'm just kinda miffed in a 'really now' kinda way.
And the response is mixed.
Blizzard, Valve and Riot Games had already taken steps before this. They allow streaming, uploading to YT, you can run ads and get money from this.
Look at Valve adding user created hats and cosmetic models to DOTA2 and TF2. People are adding stuff to the games and they're getting something for it. Used to be these would just be local mods or skins like in Quake.
All 3 of them have advertising for player streams and tournaments directly in the client itself.
Nintendo isn't the the first company to write something on this blank legal slate.
Sometimes they are. Sometimes they're not.
It depends on both the style of the person LP'ing it and the wants and needs of the viewer. If the person making the video just shits all over it, that's not exactly advertisement. If a person is watching it because they feel it is an acceptable replacement to playing it themselves(and plenty of these people exist), that's not exactly advertisement. The fact that sometimes some people might buy a game because of a LP does not make them completely and uniformly free advertisement.
This is my favorite post in this thread so far. I described it as a "free ride," which was very aggressive, but I should say I'm shocked that people considered this kind of income a sure thing. I always knew the shit would hit the fan and it's starting to happen.
Unmotivate - Updated May 17th - "Let's Complain About Nintendo"
The PA Forumer 'Lets Play' Archive - Updated March 25th, 2013
Personally? I think very little in terms of sales is probably effected. I don't agree they cost publishers any significant amount of sales from people watching them instead of playing a game. I also don't think they give you that many sales either. Like I did mention I bought both Metro 2033 and Limbo due to LPs, but I can't say that of the billion games the Game Grumps have fumbled through I have decided "I really need to get this game!" even once. I am tending to use LPs as reviews more and more, but the people doing those kind of things are tending to make special review episodes anyway (Northernlion and TotalBiscuit).
For me the issue is not about if LPs cost or support sales (net neutral at best, as we have already seen from anecdote wars), but if it is right for them to profit of an IP they didn't make while giving nothing to the original creator.
In a way they are, since they're the first company to not either remain silent or explicitly endorse the practice. They've created a conflict here, and if the conflict progresses into the legal system, then I suppose we'll all find out exactly what the game publisher's rights are and what the streamer's or Let's Player's are.
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