Microsoft Prohibits Gamers From Cashing in on YouTube

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Huh. I thought this was already the rule. Oh, well.

At least my favorite Interwebz comedy team at Rooster Teeth should be in the clear since by now they've basically partnered with 343 Industries.

Shyea. F_ck you too Microsoft. I'm looking forward to seeing Win8 crash and burn.

I'm sure I'm not alone in having had unpleasant experiences with the Halo games and their fan base in the past, but this decision must be a bitter pill to swallow. I know I wouldn't be pleased if Bethesda or Valve had made a similar decision. A good Garry's Mod cartoon is like a little beam of sunlight.

Eh maybe it'll thin the herd a bit. There's a crap load of shitty videos on youtube that pop up when I'm trying to search for something else.

Entitled:
Well, it's their IP, they are allowed to do whatever they want to do with it. It's not like they actually have to care about anyone else's interests.

Copyright laws says otherwise, the intellectual property owner DOES NOT have absolute control over it's use, there is such a thing as "Fair use" and the reason for the massive opposition to SOPA was that it undermined that.

Now Microsoft can call their their lawyers but only by out-spending can they possibly win, this dicta from Microsoft contradicts fair-use clause of US and International copyright law.

Critics are allowed to show footage of the media they review, as long as it is not the entire product. The thing is even a 100% completion Lets play is no match for the real thing as there is no gameplay distributed. It's the equivalent of showing still shots of a movie.

Daww I can smell the butt hurt from here Microsoft. Does it sting? Do you want some cream for it and a nice nap so you'll stop throwing a tantrum when someone else is borrows your toys without paying a fine?

...Good gravy on mashed potato companies are getting increasingly invasive and petulant this week. Can we just erect a giant 'fuck you' billboard outside all of their offices? Anyone?

Calling Deviantart to get torn down in the next few months for it's monster-load of fan art...

FF.net, you're next.

Entitled:
Well, it's their IP, they are allowed to do whatever they want to do with it. It's not like they actually have to care about anyone else's interests.

Of course they don't, but on the other hand this kind of attitude is not going to help them net sales, which is the most important thing to them. If you want people to buy your stuff, then the best way to do it is to show some respect to them.

If they object to people making walkthrough's to the game, then I can see their point. That might stop people from buying the game, as well as affecting sales from official strategy guides. But to object to music videos, montages and so on is just petty.

What about commentators where playing games and sucking at it is their job? What, are people going to download the game through a video of some 10 year old getting a triple kill headshot?
360 NOSCOPE TRIPLE COLLATERAL GUYS OH MY GOD! HEADSHOT, BITCH! I'm a sniper.

I'm not exactly sure how this is enforseable, maybe I'm thinking about it the wrong way but isn't this like saying you can't sell any pics made in photoshop?
Or any animations made in Source Movie Maker can't be sold?

Either way I don't really think it's fair to do this considering LPs and commentaries sell games, it's why I wind up getting a lot of games anyway.

Here, let me prove all of you bitching about this "wrongdoing" in one quote:

Google AdSense Standard Online Terms and Conditions, Section 5 subsection D:
D. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant YouTube all of the license rights granted herein.

As in, nobody could've technically legally done this before this announcement.

/thread

What a HORRIBLY stupid idea.

Those videos generate LOTS of interest in the games being shown. If there are no Halo 4 videos, it can only HURT the franchise.

I wasn't gonna buy this game or watch these videos anyway myself, but still, what a absolutely TERRIBLE marketing decision.

Why? Please tell me how the fuck are youtubers who make money this way hurting Microsoft? Why are they stopping people from making a little extra money in this fucked up economy when it doesn't hurt them in any way? It's like wanting to be an asshole for the sole purpose of being an asshole. This isn't even in Microsoft's best interests. If I was the one making money this way I would stop buying ANYTHING Microsoft related. In fact, I would do everything in my power to persuade as many people as I can to stop buying Microsoft products.

I hope Windows 8 fails miserably.

Goodbye, Red Vs Blue

BJ_Pwn:
Goodbye, Red Vs Blue

Nope. Rooster Teeth has a contract with Microsoft, otherwise how would they get all the early access for Halo 4 to do PSAs and junk. Clearly they won't be effected by this, but for youtube commentators it might be hell for them when it is released. ^_^

On my opinion...it makes me sad.

It's amazing how easy it is to whip you howler monkeys into a frenzy. To quote previous posters;

Grenge Di Origin:
Here, let me prove all of you bitching about this "wrongdoing" in one quote:

Google AdSense Standard Online Terms and Conditions, Section 5 subsection D:
D. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant YouTube all of the license rights granted herein.

As in, nobody could've technically legally done this before this announcement.

/thread

Seriously, do a tiny bit of research before you start throwing shit at your computer screens.

Nope. Rooster Teeth has a contract with Microsoft, otherwise how would they get all the early access for Halo 4 to do PSAs and junk. Clearly they won't be effected by this, but for youtube commentators it might be hell for them when it is released. ^_^

On my opinion...it makes me sad.[/quote]

Ok then. YOU wanted to do playthroughs on YouTube, so now you cant do Halo. And what about the NEXT RoosterTeeth? Al the guys new to machinima making can no longer use Halo, even though there are so many good tools.

Evil Smurf:
So why has Microsoft turned douchey? Closing their OS and now this? Wow.

don't hurt me I have a Mac

apple beat microsoft. apple control over yourp latform is of the level of hitlers ocntrol of nazi germany. microsoft want nazi-like control. they are shutting down its users from any competitor.
it all makes sense, instead of having only one choice - windows, we will have no choice at all.
It doesnt take ACTA to stop the internet, you just have to turn off the computers.

Then again you said you have a MAC, so i guess the point is already beyond you.

Grenge Di Origin:
Here, let me prove all of you bitching about this "wrongdoing" in one quote:

Google AdSense Standard Online Terms and Conditions, Section 5 subsection D:
D. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant YouTube all of the license rights granted herein.

As in, nobody could've technically legally done this before this announcement.

/thread

Wrong. The footage video you have filmed is not copyright to MS, because they didnt manage to push though SOPA and PIPA. it is copyright to YOU, and therefore legal to do this.

Strazdas:

Evil Smurf:
So why has Microsoft turned douchey? Closing their OS and now this? Wow.

don't hurt me I have a Mac

apple beat microsoft. apple control over yourp latform is of the level of hitlers ocntrol of nazi germany. microsoft want nazi-like control. they are shutting down its users from any competitor.
it all makes sense, instead of having only one choice - windows, we will have no choice at all.
It doesnt take ACTA to stop the internet, you just have to turn off the computers.

Then again you said you have a MAC, so i guess the point is already beyond you.

/hurt

I'm not an idiot. I just really like the GUI

One of the tags on the petition:

"Microsoft Rules"

lol

Oh well, no free advertisements for Microsoft. Ultimately their loss.

Ympulse:
It's amazing how easy it is to whip you howler monkeys into a frenzy. To quote previous posters;

Grenge Di Origin:
Here, let me prove all of you bitching about this "wrongdoing" in one quote:

Google AdSense Standard Online Terms and Conditions, Section 5 subsection D:
D. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant YouTube all of the license rights granted herein.

As in, nobody could've technically legally done this before this announcement.

/thread

Seriously, do a tiny bit of research before you start throwing shit at your computer screens.

(sighs)

If the video you're making is a "transformative work" (i.e. it's your own unique gameplay, you're putting your own commentary over it and/or you're showing clips to illustrate a point), it falls under fair use laws. Therefore, it would not fall under typical copyright law. That's how most people who make game-related videos structure their videos.

As it is, the only time any of this was ever enforceable was if a stingy copyright holder (Rockstar, notably) pulled videos to keep spoilers of their games for leaking out. Otherwise, most (if not all) companies look the other way and let you run rampant if you're doing walkthroughs, LP's or commentary. Other industries are a different matter (you can't upload an episode of, say, America's Next Top Model and earn money off it through AdSense), but transformative works for games are pretty clear.

I said it earlier in this topic - this won't do much of anything. The major players are already covered by their licensing/connections (Machinima, Rooster Teeth), and the regular players uploading footage can likely still monetize it if they're using commentary. Apparently, they've already had this policy in place for years, and are just re-affirming it for anyone who plans on trying to earn exorbitant amounts on official trailers and clips.

Way to try and fix what isn't broken, Microsoft, and shoot your foot and the foot of your fanbase as well.

BJ_Pwn:
Snip

Fail quote is fail like you making an RP.

And as I said, this is sad. That usually means I am sad about something or a general topic...like this one.

Enough said.

Altorin:

Aerosteam 1908:
Err... Why do this Microsoft?

People making montages of your games is essentially free advertising for it!

My channel is likely not going to take-off into a YouTube partnership so I guess I have no quarrel with this... Do I?

everyone should have a quarrel with this.

They're basically assaulting fair use, and once fair use goes out the window, fuck the internet, we may as well just bang rocks together.

I was wondering how this would impact review footage and the like, since that's protected under Fair Use.

Last I checked, Fair Use is legally upheld, and trumps any policy MS (or anyone) can make.

EDIT: Nevermind, I'm looking at the legalese now. They have ways of distinguishing between what's covered under Fair Use and what isn't.

Disregard this.

Ahh, microsoft. microsoft.. microsoft... 'shakes head'
you pick your battles so poorly
you enrage your paying customers so often
and for what this time?

it 'just' means you cant get 4% of the games value back from adsense
/golfclap
it does not prevent story spoilers in games, it will not stop reviewers ragging on them
it in fact serves no purpose whatsoever other than to annoy people

legal bs, designed to reduce consumer's rights for no reason
congrats

crazyrabbits:
If the video you're making is a "transformative work" (i.e. it's your own unique gameplay, you're putting your own commentary over it and/or you're showing clips to illustrate a point), it falls under fair use laws. Therefore, it would not fall under typical copyright law. That's how most people who make game-related videos structure their videos.

As it is, the only time any of this was ever enforceable was if a stingy copyright holder (Rockstar, notably) pulled videos to keep spoilers of their games for leaking out. Otherwise, most (if not all) companies look the other way and let you run rampant if you're doing walkthroughs, LP's or commentary. Other industries are a different matter (you can't upload an episode of, say, America's Next Top Model and earn money off it through AdSense), but transformative works for games are pretty clear.

Fair use stops being the be-all, end-all clause once you use the material for commercial purposes, which you obviously do by entering a partnership with YT. By then it can go one way or the other in front of a court, with lots of factors playing in. Normally companies just don't care, but they would indeed have a potentially winnable case if they did.

EternalFacepalm:

Tiamat666:
Youtube is owned by Google. Microsoft doesn't like Google. Lots of Halo videos on Youtube mean lots of advertising revenue for Google. I suppose MS has a plan to shift control of video game content off Youtube and onto a more MS-friendly platform.

... which will never happen.

At this point, you can't kill YouTube. It's where everybody goes for videos (the extremely few blip-shows aside), and it'll take a lot to change that.

Besides, Google still gets ad revenue. Ads can still run alongside the video, as long as the creator doesn't earn a profit. It just really confuses me how this is good for anyone.

The only possible alternative for MS would be twitch, although its mostly used for live streams now.

OT: Most likely they will have an exlusivity deal with one (or a few) of the major networks like machinima or TGS

Staskala:

Fair use stops being the be-all, end-all clause once you use the material for commercial purposes, which you obviously do by entering a partnership with YT. By then it can go one way or the other in front of a court, with lots of factors playing in. Normally companies just don't care, but they would indeed have a potentially winnable case if they did.

If there's ever been a case where someone has been officially charged in court with using talking over gameplay clips, you let me know. As it stands, most companies just look the other way when people put LP's/commentary on Youtube, because it's giving them free promotion (ad revenue be damned).

There is, obviously, a small subset of users that are trying to game the system by trying to make money off official trailers/developer clips, but really, this has been a non-issue for a long time. As I said, as long as it's a transformative work, you're pretty much in the clear.

New games get LP'd/commentated on all the time - for instance, the Youtube user Smudboy uploaded hours worth of commentary/critique concerning Mass Effect 3, and has apparently made at least a solid $1,000 off the videos he posted, but he hasn't been hit with copyright claims or backlash from studios.

Sounds like someone at Microsoft got greedy, and managed to explain their case to the powers that be well enough to be allowed to take steps.

Frankly, I think this is a straight-up bad decision. The goodwill lost, the free advertising for their games lost, not to mention the very real possibility of driving some of the most dedicated fans into the arms of other games...

I mean, I suppose I should say a small prayer of thanks that they didn't just out-and-out say that any unauthorized use of footage of their games amounts to piracy. But I really don't think this is going to go over well.

RIP so many Let's Play-ers.
Now people will have to shift through tons of rick-rolled vids in order to preview whether or not to buy a digital product.
It's the anime fandubs all over again.
Bad move Microsoft.

This is fucking hilarious. Need I really say more? I was only going to consider looking at Halo 4 by what Machinima showed me. I signed the petition because it's just silly of Microsoft.

I think their motto is:
Microsoft: We inconvenience you for our convenience!

StormShaun:
snip you Joffery Hailing traitor!

What do you mean me trying t make an RP is fail?

BJ_Pwn:
Nah, I'm already with the starks...snipe

Compare this

Your RP
With this RP
Twisted Earth.

You could of added a few things and a interest thread in the thread title. I really shouldn't be lecturing you kids with this stuff.

StormShaun:
I'm actually considering moving to Targaryen (or however you spell it) after

Just because I love Jorah.

That's unfair, dude. That RP is a re-start -- they already HAVE everything. I'm still writing the rules for my RP.

Imma go now because I think something just exploded in the kitchen.

Its the economy in miniature...
get rid of the middle class(people who make video's that are popular enough to make them a few quid,but not massive)
while extending a helping hand to the 1% who have channels and views in the millions+
hmmm,occupy Youtube anyone?

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