is Nintendo right in doing this?

#1manmousePosted 10/20/2013 11:50:06 PM
i remember a lot of people defending Nintendo's Youtube practices on this board, overall a lot of people claiming Nintendo has every right to take 100% of ad revenue from youtubers for using any amount of Nintendo footage in a video, but i'm wondering what people's positions on this particular incident are.

this past week the Co-optional Podcast (Totalbiscuit, Jesse Cox, Dodger, and Jim Sterling as the guest) put up their usual 3 hour long video of their podcast. during it, they spent time talking about Pokemon X&Y, and to go along with part of the discussion, they decided to show a 1 minute trailer for X&Y.

so Nintendo in their infinite wisdom, flagged the video and claimed 100% of their ad revenue. 3 hours of these people doing their podcast talking about all sorts of games, and keep in mind they're pretty well known people (Sterling being a professional and much talked about reviewer, Dodger's a media darling, TB's got over a million subscribers, Jesse's popular in his own right) so clearly people weren't sitting through THREE HOURS just to watch a Pokemon trailer. the people who were watching were watching for the people in the podcast, end of story.

so does Nintendo have a right to make 100% profit off of 3 hours of a podcast made by other people, simply because those people had the nerve to promote Nintendo's new gamefor one minute out of 180 minutes?
i honestly think they've lost touch with the way the world works at this point. love their games, but their corporate offices have no connection to the outside world, it's really weird. i don't see much of a defense for their actions.
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https://www.youtube.com/watch?v=-b18HMqJW5A
https://www.youtube.com/watch?v=nt1-XWiMveY
#2IzecPosted 10/21/2013 12:04:22 AM
IIRC YT videos are auto-flagged when re-using copyrighted footage, if the video re-using the footage is one that earns revenue. It's not like Nintendo just hunted these guys down or anything. It's for similar reasons that you see certain channels flipping their videos' left-right orientation; in order to fool YT's copyright protection.

Still, in not clearing the situation up Nintendo's wrong in both a moral sense and a profit sense (YT gives their games free advertisement, while taking the videos down gives their company bad PR). However, it's a perfectly legal way for them to shoot themselves in the foot.

Nintendo's lawyers make bank on moves like this, and some of Nintendo's developers seem to dislike their games being spoiled on public video. I'd guess that'd be influencing Nintendo's decision here.
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Throwback Mode 4 Lyfe
#3darkphiresagePosted 10/21/2013 12:04:50 AM
I thought I heard ninty decided not to do that to the youtubers when they saw the backlash? I didn't follow the story, but I thought I heard that a while back and assumed it was true when everyone stopped talkin about it.
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"Dat b**** crazy."
"Ya, b****** be trippin." - every guy ever and his best friend at some point in life.
#4Ilikemyname420Posted 10/21/2013 12:07:45 AM(edited)
They'll just take the video down and strip it of anything having to do with Nintendo then re-upload it. In turn Nintendo loses the free advertising it was given. Everybody wins.....except Nintendo that is.
#5IzecPosted 10/21/2013 12:09:32 AM
Ilikemyname420 posted...
They'll just take the video down and strip it of anything having to do with Nintendo then re-upload it. In turn Nintendo loses the free advertising it was given. Everybody wins.....except Nintendo that is.

And because of the controversy their channel will gain more views and subscribers.
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Throwback Mode 4 Lyfe
#6DarkAdonis123Posted 10/21/2013 12:11:55 AM
Nintendo has the right to do it, but I still don't agree with it.
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If Platinum was HAND drawn, she'd be on paper, fool. This is a video game. They just made her on screen, no "drawing" involved -Delano7 on BlazBlue
#7AvirosbPosted 10/21/2013 12:18:18 AM
This is outside my jurisdiction.
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Console wars are like pissing contests. So yeah.
#8neversayeverPosted 10/21/2013 12:35:18 AM
Its just speculation. Nintendo might be calling you though
#9manmouse(Topic Creator)Posted 10/21/2013 1:03:05 AM
DarkAdonis123 posted...
Nintendo has the right to do it, but I still don't agree with it.


i'm not so sure they even have the right though.
i mean if i made a 2 hour movie and in it, i write one line that quotes from a popular song, there may be a legal matter where i'd need to pay a tiny royalty for that brief moment of the huge film, but there's no legal grounds for the band i quoted to them collect 100% of the film's profits for their brief bit of content included.

Ilikemyname420 posted...
They'll just take the video down and strip it of anything having to do with Nintendo then re-upload it. In turn Nintendo loses the free advertising it was given. Everybody wins.....except Nintendo that is.


yeah that's what they did, they just put a huge black screen over the video footage saying, "Pokemon Trailer".
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https://www.youtube.com/watch?v=-b18HMqJW5A
https://www.youtube.com/watch?v=nt1-XWiMveY
#10Miiri0Posted 10/21/2013 1:20:41 AM
manmouse posted...
i remember a lot of people defending Nintendo's Youtube practices on this board, overall a lot of people claiming Nintendo has every right to take 100% of ad revenue from youtubers for using any amount of Nintendo footage in a video, but i'm wondering what people's positions on this particular incident are.

this past week the Co-optional Podcast (Totalbiscuit, Jesse Cox, Dodger, and Jim Sterling as the guest) put up their usual 3 hour long video of their podcast. during it, they spent time talking about Pokemon X&Y, and to go along with part of the discussion, they decided to show a 1 minute trailer for X&Y.

so Nintendo in their infinite wisdom, flagged the video and claimed 100% of their ad revenue. 3 hours of these people doing their podcast talking about all sorts of games, and keep in mind they're pretty well known people (Sterling being a professional and much talked about reviewer, Dodger's a media darling, TB's got over a million subscribers, Jesse's popular in his own right) so clearly people weren't sitting through THREE HOURS just to watch a Pokemon trailer. the people who were watching were watching for the people in the podcast, end of story.

so does Nintendo have a right to make 100% profit off of 3 hours of a podcast made by other people, simply because those people had the nerve to promote Nintendo's new gamefor one minute out of 180 minutes?
i honestly think they've lost touch with the way the world works at this point. love their games, but their corporate offices have no connection to the outside world, it's really weird. i don't see much of a defense for their actions.


Those ungrateful gamers should just stfu. Nintendo have the right to take 100% of the ads revenue. They should consider themselves lucky Nintendo didnt sue their ass for more money for using the clip without their consent. Nintendo should ban their ass from pokemon games.
What they need to understand is Nintendo is a business. They main priority is making money. So far they are doing a good job. They got billions in the bank.
I think those whiner sure got what they deserve. Looking at positive note, its good to know Nintendo is making money without lifting a finger! :)