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Microsoft changes Game Content Usage rules

#11CapwnDPosted 10/9/2012 8:44:33 PM
Even a broken clock is wrong twice a day.

Wait is that how it goes?
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#12WinternovaPosted 10/9/2012 8:47:06 PM
LuckNotDoWithIt posted...
Right here is the key line:

"(4) the effect of the use upon the potential market for or value of the copyrighted work."

In other words, are you using someone's complete video/playback of said game as your property to garner commercial gain and run the same?

Then it's not fair use. If you are using said video playback for educational purposes, but do not include content which validates their claim; keep said videos to a certain length, then that falls under fair use.

If in such cases it does not fall under the definition, they can immediately get it tossed off. Why bother with court when they just delete your videos at will. And that is what happens nine times out of ten as is seen today.


Considering you're focusing on one of FOUR factors that are ALL WEIGHED TOGETHER, you're missing the point entirely. If you're not making money off of it, it still can be a copyright violation and NOT covered under fair use.

Additionally, YouTube is NOT for educational purposes - that Fair Use test is for legitimate educational organizations (not-for-profit schools and universities). YouTube is a commercial enterprise.

Any content you're posting created by someone else *IS* content that validates their claim.

And removing the videos from YouTube is exactly what I said would occur - I never said the copyright holder would go to court.

http://www.youtube.com/watch?v=4GcgS79_TR0
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#13LuckNotDoWithItPosted 10/9/2012 8:52:22 PM
And in that case, you are entirely correct. They can simply pull down videos at will. So if you for some reason "match" any part of their vague definition, your video will just disappear, not anything else to be said.

I don't think this broad brush stroke of treating "everything" as an agreement that can be/can't be used under fair use is wise....especially when it is so open for abuse. So I definitely do not see things changing on Youtube's or Vimeo's end.
#14NinjuggalotusPosted 10/9/2012 8:53:26 PM
From: Renamon | #009
Dear god, never ever ever link to examiner.com again. I go there get 2 popups, a full page flash ad that actually covers up whet I'm reading after I start reading it, and can't close it for another 5-10 seconds. Find another website.

Did not happen to me at all...
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#15WinternovaPosted 10/9/2012 9:00:02 PM(edited)
LuckNotDoWithIt posted...
And in that case, you are entirely correct. They can simply pull down videos at will. So if you for some reason "match" any part of their vague definition, your video will just disappear, not anything else to be said.

I don't think this broad brush stroke of treating "everything" as an agreement that can be/can't be used under fair use is wise....especially when it is so open for abuse. So I definitely do not see things changing on Youtube's or Vimeo's end.


It's copyright. Why should anyone tolerate other people using their work? Why should anyone tolerate other people trampling on their rights? It's well within every single copyright holder's rights to remove their content from YouTube at a moment's notice. I'm glad that most don't take that tack, but it's still well within their rights to remove it or publish restrictions on what they will accept.

The fact of the matter is that I've proven, through existing law, that this is NOT
LuckNotDoWithIt posted...
another grey area that will require a lot of testing to see if well......it really is harmful or not.


Please stop digging yourself deeper into a hole and realize you don't know anything about copyright law.

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Fan of: Steelers(6-time Champions), Red Wings(11-time Champions)
#16ItchyIsVegetaPosted 10/9/2012 11:10:46 PM
This is complete crap.

According to their rules, this news clip being shown on TV is against their "rules" because it shows footage of Halo 3

http://www.youtube.com/watch?v=7lxFH80CfSU

I find this ironic considering the Xbox 360 has a Youtube app.
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#17cup_a_soupPosted 10/10/2012 2:12:56 AM
So basically, it's fine to upload guide videos on YouTube, just don't put adverts on it so that you can make money from it.

That sounds fair.
#18JON4495Posted 10/10/2012 2:58:45 AM
That's been there for months, nothing new.
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#19MestizoFreakPosted 10/10/2012 3:45:39 AM
cup_a_soup posted...
So basically, it's fine to upload guide videos on YouTube, just don't put adverts on it so that you can make money from it.

That sounds fair.


Tell that to Tobuscus.
#20Banana_ManaPosted 10/10/2012 5:34:47 AM
One day i'm going to get into an argument with Winternova.

We will argue about LAW, a subject that I know little about...

... A subject in which he/she/it is qualified in.

I will do no research.

Winternova will cite relevant sources, and explain, justify, and summarize his/her/its points.

I will not.

However, I will continually disagree with him/her/it.

One day 'Nova... One day I will instigate an argument.

I'm watching you!
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