Is the end near?

Apparently this was already done on Nicovideo a few months ago, but it has now dunked on youtube. It seems like its geared towards TAS speedruns and Mario hacks. Probably a weird attempt to bolster sales to Mario Maker and protect their IP?

I don’t think Fire Emblem hacking is going to be all that affected too much. We’re really small in comparison to Mario hacks and whatnot. But if it does, do you think FEE3 is pooched?

what are your guys’s thoughts on this? Just gonna brush it off and keep truckin’?

I’m betting this will blow over in a few weeks, so I doubt FEE3 will be affected that much.

Worse comes to worse, we can just host the hacks on sites other than Youtube, and keep FEXNA and FEXP stuff for the Youtube showcase, which to my understanding, won’t be targeted by this as long as copyright codes and stuff aren’t used in the games.

If the old FEE3 videos are still there, then I wouldn’t worry. If only Mario specifically is being targeted, then I’d assume it’s because of Mario Maker.

why would this even affect the FE community

oh wait rom hacking
eh, rom hacking is going to be a thing of the past soon, but I doubt anything will happen.

It’s because of Mario Maker. You’re making a mountain out of a molehill, dude.

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Yeah, I don’t see that happening for FE hacking. Mario Maker is a sandbox game, in the sense that players can create whatever they want. ROM hacking in general can also be considered “sandbox” to some degree.

Unlike Mario Maker, there is no sandbox game for Fire Emblem. Should there be a game like it at some point in the future, then of course FEE3 would be pooched.

^Welp, guess we better hope Nintendo never releases a Fire Emblem Maker then, otherwise we’re out 60 bucks and an entire community

Pft. Nintendo can try, but the fact is that anyone who knows anything about the youtube appeal system knows they will WIN every appeal, as long as they can prove it is not simply a bland boring no-commentary voiceless ‘playthrough’ video. A TAS has a specific goal, it’s almost like a sport, this is in fact covered by fair use. Anything with commentary is also fair use. Literally anything but a voiceless playthrough just doing random things is fair use. And even then, one can still argue a voiceless playthrough is fair use and win a decent amount of the time.

Whoever’s videos they pulled down can appeal and get ALL of them back up, it’s just a major fucking pain in the ass, and also the biggest reason I upload almost nothing on youtube anymore after my sailor moon debacle.

Check out my two favorite videos on the subject, they’re very enlightening on the process I and many others will have to go through or have gone through.

Video 1:

Video 2:

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yeah, you did have to jump through some hoops before.
so even if Nintendo tries to dunk on the Mario games, it still falls under fair use?
that’s interesting, i don’t know much about it since i never got a notice or anythign,

wait, but aren’t showing romhacks and shady-ish material like ROM hacks/ tas videos different than typical fair use issues (for lack of a better term)?

To be fair, you’re new to youtubing. A lot of people are under the impression I’m being lazy about my Youtube channel, for me it is actually a silent boycott. I’ve uploaded a thing or two but generally I cannot stand dealing with them anymore. I would give my left nut if I could convince Pewdiepie to start a boycott campaign for the top 100 channels. If those channels stop uploading for a month, and then the other channels take notice, Youtube will freak out and change their shit virtually overnight.

Boycotts are the solution, but it’s hard to get them rolling because the big channels will have the most effect and they also make their living off their videos too plus they tend to not be affected by copyright claims much (Fun fact: Pewds has a full time LAWYER to deal with claims against him and he almost never gets takedowns, so do many other giant channels doing anything remotely similar involving games or movies. WatchMojo is one of the few that didn’t, and they paid quite a price) so in the end, they have very little incentive to actually boycott. If Pewds weren’t Youtube’s biggest star and he didn’t have his celebrity status and practical immunity to copyright claims and he had to deal with half the level of bullshit that the channels did, I guarantee he and others would get the ball rolling on this.

I don’t know what it takes, but if such a boycott ever did happen, you bet your sweet ass they’d iron out those kinks in the system.

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Have any YouTubeish alternatives started catching fire yet? Monopolies, man - they’re always bad for the little people.

In my opinion, this is something to keep an eye on. It’s a developing situation; the first round, focusing on Mario and Pokemon, are probably related to Nintendo pushing Super Mario Maker and the newly-announced Pokemon GO. I’d be concerned if hack trailers or gameplay footage (basically the only shit I’ve got on my channel, lol) started getting targeted.

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Yeah, Twitch. That’s it. And it sucks for anything but livestreaming. Amazon is also trying to do a thing by buying out Twitch or whatever but more than likely they’ll fuck the whole process up. There was one super spiffy alternative for a while but it never caught on and the project leaders were total noobs about managing a business on a level that could compete with Google, so it never stood an actual chance. There’s also dailymotion, but it is really just a poor man’s version of Youtube.

Now that youtube supports universal 60 FPS 4k resolution video, pretty much nobody but Twitch has a chance to dethrone them, and Twitch is solidly in the livestreaming market, which Youtube is now trying to take over with its new Gaming sub-site. Incidentally, I’m betting Youtube will win that war. It will take time, but Youtube has been in the video game for much longer than Twitch, they have all they need to succeed and they also have Google’s immense financial capital to invest with.

Edit: LOL at Marc setting all his videos to private.

  1. That won’t protect you from copyright claims
  2. It’s pointless anyway since you can fight Nintendo’s baseless claims using what I outlined

just lol

ah, well. I guess we will just wait for something to happen and not worry about nothin’

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If it matters, a certain Splatoon hacker also has recently had some issues with his videos being flagged. (Vids showing off unreleased DLC content, to be specific)

uh bye

I don’t know how probable a solution this would be, or if its even possible since it’s been a long fricken time since I’ve been into web design, but would it be possible to say update the site so you could upload videos directly to it?

I doubt that’s very probable, otherwise someone would of done it by this point, but it can’t hurt to ask right?

I don’t know who he is but it would be trivial to fight them. He will win.

You have to understand, that Nintendo taking down videos is NOT them ‘protecting copyright’, it’s actually censorship. Let’s say they just happen to take down a bunch of let’s plays where the let’s players criticize some game mechanics rather harshly. “Oh man the paint gun is sooo broken this game sucks ass bluh bluh”. Put that in front of any sane judge and they’ll throw it out of court. Censorship, at least in the USA, is still not legal.

And even if someone doesn’t criticize the game, they could say there was criticism and that they’re being censored. It’s all about freedom of media, something the USA still currently protects against. (I don’t know about other countries laws, btw, so if you live in Europe, all of this may just be wrong entirely.)

There’s also the argument for transformative works. Do people care what game Pewds or Cr1tical plays? No, they watch to see those two’s personalities in action, not what specific games they play. By let’s playing something, you are transforming it and making it about you. It’s like Jon Oliver/Stewart, people watch their videos because they are funny, and the issues they tackle are really just incidental.

There’s more, though. You have to understand how the youtube copyright system is currently set up. Unless you’re uploading a full movie, or you’re uploading OST’s of games (Anyone who uploads a fire emblem OST, btw, IS liable to be sued, keep that in mind) you pretty much cannot lose a copyright dispute. There have been millions of takedown notices issued over the last few years, and to date there have been zero lawsuits by corporations and companies. Zero. The problem is, most people get so intimidated by the glaring red notices that they don’t do any research to find out that the system is finally set up entirely in the favor of the uploader now, and they just stop once they get a takedown notice and give up.

In fact, I dare say youtube’s copyright rebuttal system is perfect now. Well, the only flaw is that you can still suffer a 29+29+14 day takedown time before it returns, that should be dropped to 7+7 days, tops. Going two months unmonetized on a video is awful, and what’s worse is that if you don’t immediately unlist the video, some instances will result in YOUR video’s ad income going to the person who filed the claim, and you cannot get that income back. So if your awesome new viral video of you speedrunning the newest Mario game gets taken down by Nintendo, they can steal your millions of views worth of ad revenue, and by the time you finally get full rights back, you have lost that revenue. So always immediately unlist any video for the duration of the copyright process. If you leave it up, you incentivize them to move slowly if this was one of those instances where they are leeching your ad revenue.

Anyway TL:DR, Youtube’s current system is perfect, minus the 30 days and another 30 days and two weeks of time maximum to process video takedowns. That’s dumb. If it was two weeks tops, it would be literally fair and perfect.

Yeah, I’m familiar with it already, I was just mentioning it since it doesn’t just seem to be Nintendo just going on a Mario binge, they’re poking around with other products as well.

see, but i’m wondering if rom hacks or tas, and showing visual use of illegal means to acquire a game and fucking with it is different than traditional let’s plays?
like if we’re messing with the game code and it can be considered theft (for lack of a better term) does that make it different than the usual thing?
Does it still fall under fair use? because I feel like this is a more(or less?) grayer area than Let’s Plays.

That depends of whether mods of games such as Skyrim or Diablo are illegal. Skyrim is clearly sanctioned by Bethesda, but Diablo? Is that illegal? Probably, but nobody cares because it’s dumb to care.

Our copyright laws are so terrible though. And again, nearly all copyright laws originate from Disney, nobody else.

http://artlawjournal.com/mickey-mouse-keeps-changing-copyright-law/

Also, it’s funny how much of Disney’s success came from using public works and how they now prevent anyone from accessing their own works publicly. Pretty despicable, actually.

Sorry, I have very strong feelings on this issue.

np, thanks for the input.
i wonder if nintendo will actually get significant backlash from this or not.