Nintendo truth or rumor?

[Mass Distraction]

As far as copyright goes, if you go really deep into the matter, isn't basically everything a crime? Like, I dunno, taking a picture and there is a copyrighted product in the background. That is, essentially, illegal use of said product.

Fair use? What's that, never heard of such a ridiculous concept.

[BumblebeeCody*]

I'd have to side with Nintendo on this one.

Let's Plays are considered copyright infringement, so while Nintendo could have sent Google on a Let's Play witch hunt (like certain record companies would have done) they opted for putting ads on them instead. I doubt they expected the LP community to have such a negative reaction considering the legal sketchiness of LP videos in general, let alone monetizing them.

Then there's my own opinion: if you want to make money off of your "gaming skills" you have to do your part in the creative process. Neither DYKG nor VGFacts show entire playthroughs of a game; think of a creative way to comment on the game. Maybe you want rattle off trivia about the game, maybe you'd like to make an animated Flash skit exaggerating aspects of the game or maybe you're good at thinking up lyrics and can make review parodies of soundtrack songs. There are a ton of possibilities!

Even though I disagree with Nintendos actions., I do think it's fair...to some degree. It is their product and without the product the Let's Player doesn't have any content to upload. So, without Nintendo, those specific Let's Players can't operate. They rely on Nintendo products to give them income....and that's why people on YouTube should get a real frikkin' job instead of making YouTube videos.

[Combat Lobster]

and that's why people on YouTube should get a real frikkin' job instead of making YouTube videos.

Or at the very least put more effort in your youtube videos.

[Sengir]

Fair use? What's that, never heard of such a ridiculous concept.

Fair Use is a very interesting thing in that there's no solid guideline that can be applied to every case. Instead the court has to look at four factors. Look at the 3rd factor used in determining Fair Use. If a Let's Player took Nintendo to court (which they can! that's entirely possible!) they would have to prove playing through a game isn't publicly displaying/performing a big enough part of the game. Since that's impossible in most cases, the Let's Player's really can't sue.

It does make it easier to make MMORPG LP's, however.

[Mass Distraction]

Even then that specific incarnation of the law only applies to US.

[Sengir]

Luckily for Nintendo, YouTube (owned by the US-based company Google), has to follow the guidelines.

[Mass Distraction]

You know, I wasn't actually asking about the fair use thing seriously. Besides, I was mainly talking about fair use in general, not just YT.