• 3 Posts
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Joined 2 years ago
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Cake day: June 9th, 2023

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  • If you’re trying to say that a recording of a video game is not considered fair use under copyright law, then I give you the existence of Youtube and Twitch as counter evidence.

    So, funny you should say that…

    This happened to Persona 5. Atlus felt that they had a legal basis to make copyright claims on the game - in their case, circumstantially around spoilers (I guess because they wanted people to pay $50 to experience the late-game story)

    And they walked back, not because lawyers were dismantling their case, but because of public outcry. That basis of public preference is what has encouraged game studios to be friendly with Twitch / YouTube, not because judges would rubber-stamp any fair use “transformative work” argument. That is also why many games have given explicit notices to say “Content notice: Please feel free to share videos of this game wherever you’d like!” etc - as it is a non-default judgment.

    So, as strange as it is to say, most uploaded videos of a game is in some murky legal territory. Obviously, most studios don’t care and even prefer them to be shared for visibility - or took the time to include those notices to make it 100% legal. But when the recording came from an internal build, the game itself is “stolen”, in that the person playing it breached either terms of viewing or terms of employment, and then the person re-uploading it is breaching copyright as they had no permission.

    If you want to work it through the other way, permission to upload a work is non-default. You need to provide a basis it’s legal, not a basis it’s illegal. In many cases, it’s “I made this”. For 99.9% of video game content, it’s “the developer is okay with it”.


  • If something that would normally be copyrightable is leaked, then the only people who have legal rights to that work are still the original owners. Anyone taking/sharing it is breaching copyright.

    Different case for something someone recorded/created themselves, ex recording police abuse on their phone.

    I know some people have a misguided view of “But you didn’t register copyright, it’s not copyrighted”. That’s the opposite of how it works. Rights are granted at time of creation; copyright is a “granted” right as part of sale/viewing managing how something can be shared.

    Otherwise, a photographer that takes a picture of a rare Snipe can have that photo “legally” stolen before they make it to a lawyer.












  • My understanding is this has been the price of thousands of gaming communities enacting a “No politics” rule - people want to keep it external.

    “This fucking piece of actual trash! He’s using the most broken character this game has ever put out, and trash talking over it like he’s ever fucked a woman. Literally eat a dick. What do you think, chat?…Oh. Holy shit. Sorry, I just saw some stuff about Trump, listen, I’m sorry, but we don’t talk politics here. It can get really toxic.”








  • Although we still number consoles, in a lot of ways we did get our “tiered” console structure.

    Take most people’s daily plays, and I’d say about 90% of them or more have an edition available on the prior gen console. And it makes sense when so many of those games have relatively basic graphics - and when game engines have gotten better at scalability.

    So, those consoles are neatly serving as a low budget option for a lot of gamers that can’t follow all the latest and most expensive games. Yes, some newer releases will be fully excluded; but even then, getting a brand new or used Switch or PS4 can introduce someone to a huge number of games if they haven’t been exploring options.