Video Game Developer pulls negative review of their game as "copyright infringement"
#1
Moderator
Thread Starter
Video Game Developer pulls negative review of their game as "copyright infringement"
Long story short...TotalBiscuit, a video game reviewer on YouTube, posted an unfavorable review of a new game called Day One: Gary's Incident. The developer's response? File a copyright violation with YouTube in order to get the video taken down.
Kotaku article:
http://kotaku.com/studio-accused-of-...ism-1448796126
Here's TotalBiscuit's take on the situation:
<iframe width="420" height="315" src="//www.youtube.com/embed/QfgoDDh4kE0" frameborder="0" allowfullscreen></iframe>
Let's hope this isn't the start of a horrific new trend.
Kotaku article:
http://kotaku.com/studio-accused-of-...ism-1448796126
Here's TotalBiscuit's take on the situation:
<iframe width="420" height="315" src="//www.youtube.com/embed/QfgoDDh4kE0" frameborder="0" allowfullscreen></iframe>
Let's hope this isn't the start of a horrific new trend.
#3
DVD Talk Legend
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
If he was monetizing his video of their content, they have every right to file a complaint. Almost all rights complaints on YouTube now are over ad usage, and not the content itself. Also, it's almost always automated. If you file an appeal, the complaint is put on hold until the matter is resolved.
Long story short, TB is probably being a drama queen because it rallies the troops and earns more views.
Long story short, TB is probably being a drama queen because it rallies the troops and earns more views.
Last edited by chuckd21; 10-20-13 at 10:27 PM.
#4
DVD Talk Legend
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
If he was monetizing his video of their content, they have every right to file a complaint. Almost all rights complaints on YouTube now are over ad usage, and not the content itself. Also, it's almost always automated. If you file an appeal, the complaint is put on hold until the matter is resolved.
#5
Moderator
Thread Starter
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
That's what video game critics do...they monetize reviews. This isn't a new or shocking thing. It's like Paramount demanding that "Siskel and Ebert" pull a show because they gave it two thumbs down.
#7
DVD Talk Legend
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
#8
DVD Talk Legend
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
And rights holders have every right to say "No, you can't make money off our content". Fair use does not cover making money.
#9
DVD Talk Legend
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
That's a weird comparison, and not just because they're both dead and that show hasn't been on in 20 years. Those clips are licensed.
#10
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Re: Video Game Developer pulls negative review of their game as "copyright infringeme
I'm not a copyright lawyer, but isn't this different than the "let's play" videos that are usually attacked by publishers? Those aren't offering any criticism, but this is, which should put it in a different class. Plus, Wild Game sent him a code specifically so that he could put together a review. His platform for reviewing is YouTube. Why would they be astonished that he's reviewing their game on YouTube (incorporating screenshots/video) when they sought him out to do a review and is doing things they way he's always done them?
This isn't about ad monetization. This is about a petty developer who didn't get a review they liked, so they're abusing the system to try to control the conversation. If he'd recorded the glowing response that Wild Game was hoping to get from a fairly high profile reviewer, absolutely nothing would've happened.
This isn't about ad monetization. This is about a petty developer who didn't get a review they liked, so they're abusing the system to try to control the conversation. If he'd recorded the glowing response that Wild Game was hoping to get from a fairly high profile reviewer, absolutely nothing would've happened.
#11
Moderator
Thread Starter
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
Not sure if you watched the video in the embed, but the developers gave TotalBiscuit permission to make the video ahead of time, and provided him with a review code.
#12
DVD Talk Legend
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
I'm not a copyright lawyer, but isn't this different than the "let's play" videos that are usually attacked by publishers? Those aren't offering any criticism, but this is, which should put it in a different class. Plus, Wild Game sent him a code specifically for him to review. His platform for reviewing is YouTube. Why would they be astonished that he's reviewing their game on YouTube (incorporating screenshots/video) when they sought him out to do a review and is doing things they way he's always done them?
This isn't about ad monetization. This is about a petty developer who didn't get a review they liked, so they're abusing the system to try to control the conversation. If he'd recorded the glowing review that Wild Game was hoping, absolutely nothing would've happened.
This isn't about ad monetization. This is about a petty developer who didn't get a review they liked, so they're abusing the system to try to control the conversation. If he'd recorded the glowing review that Wild Game was hoping, absolutely nothing would've happened.
I haven't watched TB's video or remotely give a shit about it by the way. Just giving additional insight about how things actually work on YouTube as someone who deals with fair use and copyright on a daily basis there.
#13
DVD Talk Legend
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
Did they give him permission to "sell" his review? Ad revenue is not included as part of a casual exchange such as that. Make your review. Post your review. But you probably can't monetize it. They get the ad placement, not you. Your opinion isn't being silenced.
#14
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Re: Video Game Developer pulls negative review of their game as "copyright infringeme
Why would they approach the guy about putting together a video on his YouTube channel, which has ads and stuff, if they didn't want him to put together a video on his YouTube channel, which has ads and stuff?
They're deleting every single negative topic/comment from their Steam page. They're taking down negative YouTube videos. They said it's about ad monetization, but actions speak louder than words.
I'm not even saying that they're legally in the wrong here. I'm sure they have every right to do what they're doing. They're being petty, repulsive assholes about it, though, and the ad monetization bit is very clearly a smokescreen for their true intentions.
They're deleting every single negative topic/comment from their Steam page. They're taking down negative YouTube videos. They said it's about ad monetization, but actions speak louder than words.
I'm not even saying that they're legally in the wrong here. I'm sure they have every right to do what they're doing. They're being petty, repulsive assholes about it, though, and the ad monetization bit is very clearly a smokescreen for their true intentions.
#15
DVD Talk Hero
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
Because TV stations are making money too. If a new movie has a huge record-breaking opening and we use a clip from the trailer in our story, the movie company can't make us take it down just because we are making money from our sponsors during that broadcast. One could make a similar argument about game reviews.
#16
DVD Talk Godfather
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
How is this any different than IGN or Gamespot reviewing games? The sites are ad based and generate revenue. Reviews are a big reason why those sites draw traffic. Only difference is one is text/image based and the other is a video.
#17
DVD Talk Legend
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
When it comes to journalism, this is not always the case. Working in TV, I've sat through many meetings with our lawyers talking about this very topic.
Because TV stations are making money too. If a new movie has a huge record-breaking opening and we use a clip from the trailer in our story, the movie company can't make us take it down just because we are making money from our sponsors during that broadcast. One could make a similar argument about game reviews.
Because TV stations are making money too. If a new movie has a huge record-breaking opening and we use a clip from the trailer in our story, the movie company can't make us take it down just because we are making money from our sponsors during that broadcast. One could make a similar argument about game reviews.
#18
Moderator
Thread Starter
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
What's hilarious is that due to the "Streisand Effect" far more people are learning about what a shitty game this is than ever would have had they just let the negative review stand.
#19
DVD Talk Legend
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
Did you watch the response video? They essentially gave consent when they sent TB a review code to review the game and create content based on that review.
#21
DVD Talk Legend
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
I don't have to watch the response video. What you said is not how it works. Make a video all you want. Making money via ads off said video is not implied in such an arrangement.
#22
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Re: Video Game Developer pulls negative review of their game as "copyright infringeme
I just don't get how this is defensible. A company goes to a guy with a popular, for-profit YouTube channel and gives him a review code. The goal is for him to post a review on his popular, for-profit YouTube channel. They then claim to be incensed that he posted a review on his popular, for-profit YouTube channel. If they don't want a review on his for-profit YouTube channel, why did they enlist him to create a review for his for-profit YouTube channel?
#23
DVD Talk Legend
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
My channel has ads all over it. The bulk of them are a result of the rights holders putting them there. There's no way for an outsider to see who the ads belong to. A popular channel with ads isn't indicative of anything.
I'm not defending this company if they, in fact, abused the YouTube copyright system to have a negative ad removed entirely. I'm simply stating that these things are usually not as black and white as all the immediate kneejerk reactions that come at the start of these things, and am giving perspective as a neutral third party as to what could have actually happened.
I mean, for fuck's sake, the first thing TB started crying about when this happened was that they were taking food from his family.
I'm not defending this company if they, in fact, abused the YouTube copyright system to have a negative ad removed entirely. I'm simply stating that these things are usually not as black and white as all the immediate kneejerk reactions that come at the start of these things, and am giving perspective as a neutral third party as to what could have actually happened.
I mean, for fuck's sake, the first thing TB started crying about when this happened was that they were taking food from his family.
#24
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Re: Video Game Developer pulls negative review of their game as "copyright infringeme
Wild Games' argument isn't about the content of the ads; it's about the existence of the ads, period.
We protected our copyright because Total Biscuit has no right to make advertising revenues with our license.
[We did not copyright claim Kotaku's video because] Kotaku have not added advertising revenues on the video.
It's simple, all the Youtube channel works like this. We give a key of our game and people can evaluate it. But if the Youtuve channel want to make advertising revenues, must obtain authorization from the licensee.
[We did not copyright claim Kotaku's video because] Kotaku have not added advertising revenues on the video.
It's simple, all the Youtube channel works like this. We give a key of our game and people can evaluate it. But if the Youtuve channel want to make advertising revenues, must obtain authorization from the licensee.
#25
DVD Talk Legend
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
What they said in what you just posted is exactly what I'm talking about. Who said anything about ad content?