Nintendo takes down tool assisted speedruns

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Aspiegaming
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10 Sep 2015, 9:18 pm

If you're a gamer and you're into tool assisted speedruns, then I have some bad news for you. You've all heard about Nintendo monetizing off of YouTubers' Let's Plays of their franchises, well now, they're deleting videos containing tool assisted speedruns of their franchises and taking down any channels that post them. They also might be going after anyone who releases a hacked rom of any of their franchises for tool assisted speedruns or any unauthorized software used for TASs.


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xenocity
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10 Sep 2015, 9:31 pm

It's well within their legal right to shut down anything they don't approve of regarding their IPs.

Technically they only take 30% of the cut from YouTube videos featuring their IPs, if the creator is wishing to monetize said YouTube video.
Those who were hit with it, were literally making millions of dollars each year off of videos featuring plays of Nintendo's games.
Nintendo didn't care that they uploaded videos of their games, they cared that they were intentionally making money off of it.

YOU LEGALLY CANNOT MAKE MONEY OFF OF SOMEONE ELSES IPs WITHOUT THEIR PERMISSION!!

You can upload a video of any Nintendo games you wish as long as it doesn't feature Speed runs and certain hacks on YouTube
THE AUTHOR/CREATOR MUST DEFEND HIS COPYRIGHTS AND TRADEMARKS OR HAVE THEM NULLIFIED IN COURT!


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Adamalone
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11 Sep 2015, 2:57 pm

I should point out that they are only targeting tool assisted speedruns and not normal ones as tool assisted runs involve using roms which are very illegal.



Aspiegaming
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11 Sep 2015, 5:50 pm

xenocity wrote:
It's well within their legal right to shut down anything they don't approve of regarding their IPs.

Technically they only take 30% of the cut from YouTube videos featuring their IPs, if the creator is wishing to monetize said YouTube video.
Those who were hit with it, were literally making millions of dollars each year off of videos featuring plays of Nintendo's games.
Nintendo didn't care that they uploaded videos of their games, they cared that they were intentionally making money off of it.

YOU LEGALLY CANNOT MAKE MONEY OFF OF SOMEONE ELSES IPs WITHOUT THEIR PERMISSION!!

You can upload a video of any Nintendo games you wish as long as it doesn't feature Speed runs and certain hacks on YouTube
THE AUTHOR/CREATOR MUST DEFEND HIS COPYRIGHTS AND TRADEMARKS OR HAVE THEM NULLIFIED IN COURT!


Yes, they have right to do that sort of stuff, but is it really the right thing to do? Is it really worth ruining all the exposure made possible through YouTube and other sites? Is it worth driving away fans like this?
I agree with ReviewTechUSA and AlphaOmegaSin more on this. They make really good points. You can continue on and on about copyrights and stuff and I, too, agree with the whole monetization permission thing, but in other cases, I prefer if gamers could show off their passion for Nintendo's franchises through even tool assisted speedruns and show off their inspired creativity by making custom made levels or rom hacks that make the game completely different especially those for Super Mario World. I just want to enjoy watching videos. Every company is okay with their own franchises being exploited for free like this, but for some reason Nintendo isn't? Remember these words: FREE ADVERTISEMENT. No money is being lost. People will always buy virtual console games even if they already have roms.


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xenocity
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11 Sep 2015, 7:55 pm

Aspiegaming wrote:
xenocity wrote:
It's well within their legal right to shut down anything they don't approve of regarding their IPs.

Technically they only take 30% of the cut from YouTube videos featuring their IPs, if the creator is wishing to monetize said YouTube video.
Those who were hit with it, were literally making millions of dollars each year off of videos featuring plays of Nintendo's games.
Nintendo didn't care that they uploaded videos of their games, they cared that they were intentionally making money off of it.

YOU LEGALLY CANNOT MAKE MONEY OFF OF SOMEONE ELSES IPs WITHOUT THEIR PERMISSION!!

You can upload a video of any Nintendo games you wish as long as it doesn't feature Speed runs and certain hacks on YouTube
THE AUTHOR/CREATOR MUST DEFEND HIS COPYRIGHTS AND TRADEMARKS OR HAVE THEM NULLIFIED IN COURT!


Yes, they have right to do that sort of stuff, but is it really the right thing to do? Is it really worth ruining all the exposure made possible through YouTube and other sites? Is it worth driving away fans like this?
I agree with ReviewTechUSA and AlphaOmegaSin more on this. They make really good points. You can continue on and on about copyrights and stuff and I, too, agree with the whole monetization permission thing, but in other cases, I prefer if gamers could show off their passion for Nintendo's franchises through even tool assisted speedruns and show off their inspired creativity by making custom made levels or rom hacks that make the game completely different especially those for Super Mario World. I just want to enjoy watching videos. Every company is okay with their own franchises being exploited for free like this, but for some reason Nintendo isn't? Remember these words: FREE ADVERTISEMENT. No money is being lost. People will always buy virtual console games even if they already have roms.


You can join their program and retain the majority of the money.
Most gaming companies are opposed to people making off their IPs, they just normally file copyright claim on YouTube causing the video(s), channel(s), and/or user account become standard licenses with no ads and revenue.
They do not share revenue.
Call a gaming company out on a YouTube video, you will have your video taken down or even worse have your account banned, granted Nintendo doesn't censor speech (as few others don't either).
Most gaming companies will blacklist your site and try to force you to remove the negative article or review (EA, Ubisoft, Epic, Microsoft, Sony, etc... are guilty of it), yet Nintendo doesn't do anything.
You can lash out against Nintendo in any form and they won't do anything.
Many have gotten fired for pulling this crap with the big 6 3rd parties, Microsoft and Sony from gaming sites and other gaming media outlets.

Hell Sony sued Lik-sang (or whatever it was called) for allowing people to import Playstation 3s from Asia.
Sony was the ones that put them out of business, but it forced all the other import sites to stop selling PS3s.

No gaming company wants you promoting hacking and piracy in any form, so they will come after you.

Microsoft once sued a Canadian Teen in 2003 because he made his site's name and address Mikerowesoft.com.
Microsoft literally took him to court for copyright infringement and cyber squatting.
Microsoft did buy the site from the kid after Canadian federal government pressured them, and they gave an Xbox with games and accessories.
The only caveat was he could never use his name in conjunction with soft or software or face full weight of Microsoft's legal team.

Why did Nintendo make a public big deal about YouTubers monetizing videos featuring their IPs?

It literally came down to mobile developers, who were making clones featuring Nintendo's assets and character names, who were challenging Nintendo's claim to copyrights and trademarks.
Also those YouTubers were openly bragging on how they were literally making millions of dollars and Nintendo should be giving them stuff for free for their services.
If Nintendo didn't bring the YouTubers in line, then it would set a legal precedent in which the mobile developers could successfully challenge them in court.
It didn't help that word got out the press of some of these vulgar YouTubers had children tuning in, leading to parents associating said vulgarity and racism with Nintendo proper.

Why does Nintendo purposely shut down TAS?

Again to avoid setting legal precedent for all software modders and hackers.
The TAS videos have been getting tons of press coverage ranging from fan sites, to main stream gaming media, to print media, to the BBC, and to site such as theverge.com and arstechnica.com.
If the TAS folks weren't receiving tons of coverage, I doubt Nintendo would have cared.

Literally all these people need to do, is challenge Nintendo's claim by pointing out a public showing by another person/company who has been getting away with it, in order to get the the courts to null Nintendo's claims (it's literally that simple).

Free advertisement is only good when it doesn't set a dangerous legal precedent, being used for profits by someone else, damage the brand, and drives sales.

Right now very little good has come from this free advertisement, but plenty of bad association and mobile developers piggy backing off of them (to put it nicely).

You literally can make a video of any Nintendo IP as long as you don't profit from it, use it to promote your own product, and hacking Nintendo's software in any way.


We can talk about real issues in gaming such as Sony fighting to prevent canceling PSN preorders in NA (If you live in North America, you have to call Sony if you wish to cancel a PSN preorder). Sony refusing clean up your PSN account if it has been hacked and have been "robbed" (Sony will cancel your account normally if you are hacked and they will not refund the money at all!).
Or Sony refusing you to refund you money due to system glitches on PSN or do to someone purchasing something on your account.


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12 Sep 2015, 12:54 am

Aspiegaming wrote:
xenocity wrote:
It's well within their legal right to shut down anything they don't approve of regarding their IPs.

Technically they only take 30% of the cut from YouTube videos featuring their IPs, if the creator is wishing to monetize said YouTube video.
Those who were hit with it, were literally making millions of dollars each year off of videos featuring plays of Nintendo's games.
Nintendo didn't care that they uploaded videos of their games, they cared that they were intentionally making money off of it.

YOU LEGALLY CANNOT MAKE MONEY OFF OF SOMEONE ELSES IPs WITHOUT THEIR PERMISSION!!

You can upload a video of any Nintendo games you wish as long as it doesn't feature Speed runs and certain hacks on YouTube
THE AUTHOR/CREATOR MUST DEFEND HIS COPYRIGHTS AND TRADEMARKS OR HAVE THEM NULLIFIED IN COURT!


Yes, they have right to do that sort of stuff, but is it really the right thing to do? Is it really worth ruining all the exposure made possible through YouTube and other sites? Is it worth driving away fans like this?
I agree with ReviewTechUSA and AlphaOmegaSin more on this. They make really good points. You can continue on and on about copyrights and stuff and I, too, agree with the whole monetization permission thing, but in other cases, I prefer if gamers could show off their passion for Nintendo's franchises through even tool assisted speedruns and show off their inspired creativity by making custom made levels or rom hacks that make the game completely different especially those for Super Mario World. I just want to enjoy watching videos. Every company is okay with their own franchises being exploited for free like this, but for some reason Nintendo isn't? Remember these words: FREE ADVERTISEMENT. No money is being lost. People will always buy virtual console games even if they already have roms.


Yeah, I've had those thoughts before. People should never underestimate what advertising can do for them.... particularly when it's FREE. Most companies would be like "HOLY POODLES!! ! IT'S LIKE A MONEY PRINTER!! ! OF COURSE WE'LL LET IT HAPPEN!! !", particularly when it's..... something completely bloody harmless. I mean, really, dont these idiots have BIGGER fish to fry? As in, fish that matter?

Though, when those comments were flying around it wasnt really in relation to TAS specifically, as this is a bit of a different situation; but I bring it up since advertising is mentioned. And possibly because I havent had my caffiene yet and am thus a bit more spaced out than I usually am.

Though THIS situation still seems bloody stupid to me. But then, I say that about everything.


xenocity wrote:
We can talk about real issues in gaming such as Sony fighting to prevent canceling PSN preorders in NA (If you live in North America, you have to call Sony if you wish to cancel a PSN preorder). Sony refusing clean up your PSN account if it has been hacked and have been "robbed" (Sony will cancel your account normally if you are hacked and they will not refund the money at all!).
Or Sony refusing you to refund you money due to system glitches on PSN or do to someone purchasing something on your account.


Wait, what? They're doing all of that? I'm not entirely sure wether that's hilarious or tragic. Or both.

First I've heard of most of that; I dont really follow them much these days or have too much interaction with PSN itself. I can say though, I've never exactly liked them much, to put it mildly. Very, very mildly.



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12 Sep 2015, 1:44 am

Misery wrote:

Wait, what? They're doing all of that? I'm not entirely sure wether that's hilarious or tragic. Or both.

First I've heard of most of that; I dont really follow them much these days or have too much interaction with PSN itself. I can say though, I've never exactly liked them much, to put it mildly. Very, very mildly.


It may have been funny in the beginning, but yeah Sony does this and it has hit mainstream news.

Hell Valve support is almost as bad, because they don't want to hire the necessary staff and/or outsource.
It can literally takes weeks if not months to get a refund or your support ticket answered.


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12 Sep 2015, 4:49 pm

I guess this is related to the Mario Maker thing? Which might not have existed in the first place if it weren't for the rather large popularity of ROM hacks. But as I see it, it only creates more attention around it and makes more people want to be creative with Mario levels. And Mario Maker is a LOT easier to use than ROM hack tools as far as I know.


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14 Sep 2015, 4:43 am

morslilleole wrote:
I guess this is related to the Mario Maker thing? Which might not have existed in the first place if it weren't for the rather large popularity of ROM hacks. But as I see it, it only creates more attention around it and makes more people want to be creative with Mario levels. And Mario Maker is a LOT easier to use than ROM hack tools as far as I know.



It is, yes. Rom hack tools are.... very annoying and often very tedious. And even when you finish one after 10 zillion years, good luck getting it noticed and played by anyone other than yourself. Bloody waste of time, really.