I think it’s more likely that the multi-billion dollar e-sports streaming industry moves to protect their turf and buys some pet legislators than Pewdiepie extends fair use to videogame streaming.
Reasonable enough. All I’m saying is a test is coming.
Yes, that was pretty much my point.
Fair use works mostly on a case by case basis. There’s never going to be a blanket “streaming is fair use” or “streaming is not fair use” decision. Someone streaming the first 2 hours of playing Portugal in EU4 as a tutorial is going to have a massively better use case than someone playing through all of Firewatch and occasionally commenting on game events. (The former case is more transformative, uses a smaller part of the original work, and is less likely to hurt the market of the game).
From a character perspective, this is exactly correct. We’ve all let go with curses and insults when playing games, but not everyone goes to racial slurs on reflex. That only comes when you’re comfortable using/thinking those words.
This. DMCA is used for bullshit far too often.
PewDiePie is a racist piece of shit, but that doesn’t mean you use a broken system in a broken way against it.
Go after his ad revenue, should be pretty easy considering saying “dead” in a title is enough to get you restricted or using a single curse word apparently.
Youtube is a clusterfuck for content creators these days, but someone this fucker keeps making money.
Very much so. I swear. A lot. No seriously A LOT. To basically everyone at all times. I consciously moderate around small children, but no one else is safe.
I often scream at my computer. Alone in my house I’ve still never dropped racial slurs, even when alone. If someone is doing it, it’s because those words come easy to them because they use them or think of them fairly often.
Or more aptly put:
https://twitter.com/ArmyStrang/status/906960207116423168
https://twitter.com/AngryJoeShow/status/907093057534926848
https://twitter.com/PFTompkins/status/906984343561744384
I know I’m piling on, but yeah, there are plenty of non racist insults to throw around when you are angry. I’m short of like @ShivaX in that I swear a lot, but I would never use racial, gender or sexual orientation slurs.
That said, what really bothers me is the shitload of people jumping in on his defense.
I find it hard to believe that a Swedish UK based guy would naturally go for that word when genuinely heated, unless it’s so common to the places he frequents that it’s now second nature…
I know that when I get angry, really angry, the number of foreign curse words that come to my mind are zero.
When I’m speaking English I curse in English, even now that I’m based back in Spain. I might slip into Spanish in really, really extreme circumstances, but I don’t really know since I can’t remember if that has ever happened.
So yeah, I do believe the slur can be genuine.
Uh oh, dickhead children’s entertainer says another bad word. Best abuse the legal system to try teach him a lesson!
Pretty much this.
I have noticed a shitload of casual racism in chat in BF1, which is very unfortunate. I think kids gravitate to “most shocking / offensive thing I can say” and that’s… usually the way to get there.
Makes me sad that BF1 doesn’t have auto-kick based on these words built in, because I can’t see any good reason for them ever to be used or appear at all in game chat.
Anyway, I’d say in the crap gamer culture of lulz rando chat that ppd is probably a part of, it is common to say the n-word, sadly. Why would a swedish guy even bother with american racism? It’s kinda nuts if you think about it.
Yes, exactly, force of habit.
I don’t think it’s abusing at all. Copyright law is clear and streamers have no inherent right to stream somebody else’s product. They are usually allowed because it’s normally a mutually beneficial relationship (advertisement for both the streamer and the product) but I see no abuse in disallowing a streamer to stream your content.
Lots of streamers actually ask for permission beforehand nowadays.
I don’t think anybody would have an issue with a stream showing just a person playing a game (this is common with horror games), without showing the game. Fair use is very limited, and showing a significant percentage of the content of a product only accessible through purchase is really hard to defend as fair use.
Swearing for low education people is used for emphasis. A N-word is probably a way to verbalize 3 exclamations marks. And has we know, only somebody deranged will use three exclamation marks all at once.
That’s not remotely clear at all. If anything the opposite if far more clear.
https://www.copyright.gov/fair-use/more-info.html
Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances.
The exact opposite of what you just asserted. From the government that codified and enforces copyright law.
I’m in the same boat. I blame military life and not having kids as part of that problem, but I certainly reign it back when needed. Throwing out racial slurs is something I would never do. It’s less akin to cursing, and more akin to demeaning someone or some group. It’s purposeful.
I would be nice to see PewDiePie wither on the vine, but in this current crazy state of things, I wouldn’t be surprised to hear that he continues on and still has followers.
It’s not about copyright though. The guy wants to use the DCMA law to punish someone for saying something he didn’t like. Seems like abuse to me.
I mean, it’s pretty clear let’s plays and streams do not fall under fair use given the usual considerations for fair use to be considered:
Game streams are:
1- Commercial, since they are ad supported or otherwise generate revenue → points against fair use
2- The nature of the copyrighted work is creative → points against fair use
3- Amount of content used in relation to the whole → a several hours let’s play is significant (the let’s play in question streams the whole game), so points against fair use
4- Effect upon the potential market value → of the 4 points in consideration, the only one that can be discussed (and a full stream of a story driven game can be argued damages the value of the product)
And BTW, the US government is not the only government who codifies and enforces copyright laws. You can do copyright infringement claims in any country and they will be taken into consideration by local courts.
He wants to use the DCMA to avoid his content to be associated with a message he considers harmful to his brand by association. And he is using the DCMA for exactly what the law was set up for in first place, disallow distribution of copyrighted content without authorization of the rights holder.
It’s not abuse, it’s using the law for it’s purpose (you can criticize the law and it’s implementation, certainly. I’m not a fan of DCMA myself).