Big YouTuber Totalbiscuit talks about feedback stress

I hope they end up going to court. No matter who wins it will help set a standard for YouTube. Obviously I hope TB wins but either way things would be a bit less confusing.
 
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TotalBiscuit (known from this point on as TB) did a video on a game called Guise of the Wolf - a poorly developed, mechanically unsound, and just overall poor attempt at a game. Once FUN Creators (the game's developers) saw the video, they removed it for copyright and gave TB a strike to his channel.

The TB team sent this message to FUN Creators asking to remove the strike.
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To which FUN Creators replied with this:
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Once TB saw their message, he sent out a tweet that said:
So @funcreators denied taking down our Guise of the Wolf videos. This email from them shows otherwise.
FUN Creators replied shortly thereafter:
@Totalbiscuit Please don't play photoshop games until we sort out the problem. Do you want us to create an email sent by you to anyone?
A "fight" breaks out between TB and FUN Creators until TB tells them to stop and send emails to his lawyer, but not before FUN Creators can send him one final email:
This is your last warning. Our company is a lot bigger then your little youtube channel. We are not afraid of you.

Remove all your tweets and delete your channel.

Do not tweet this message or we will claim it is fake. We will get our lawyers involved and sue you.

-Jasmine

Edit: Welp. I didn't see this thread so I made my own, but it was merged with this one. I am going to keep my post because it serves as a nice summery.
 
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@Sykute The funny thing is, TB is bigger than their company xD If they really were bigger than TB they'd have made a better game and this problem would not have happened lol They are not handling it well at all and I don't think game developement is for these kids.
I hope they end up going to court. No matter who wins it will help set a standard for YouTube. Obviously I hope TB wins but either way things would be a bit less confusing.
I don't think it should be no matter who wins. I think TB should win because it would make a great example of why developers shouldn't be stupid. If the devs win then it will only ruin the industry because more devs like that will continue to pop up and pump their s**t into the system for people to buy. Also I just checked FunCreators Twitter, TB has brought out the big guns, FunCreators are scared, I can tell because they look like they're refusing to discuss things further with TB's lawyers xD I'm beginning to think more and more that this company was a fake too lol
 
I really didn`t followed the hole Drama about TB over the last couple of months but is threatening (Indie) Developers/Publisher nowadays really the right way to solve something?
 
I really didn`t followed the hole Drama about TB over the last couple of months but is threatening (Indie) Developers/Publisher nowadays really the right way to solve something?
No, but when you run into a company like FUN Creators then things are bound to get ugly. If FUN could have acted professional I doubt we would be having this conversation and everything could have been settled in private.
 
@Sykute The funny thing is, TB is bigger than their company xD If they really were bigger than TB they'd have made a better game and this problem would not have happened lol They are not handling it well at all and I don't think game developement is for these kids.

I don't think it should be no matter who wins. I think TB should win because it would make a great example of why developers shouldn't be stupid. If the devs win then it will only ruin the industry because more devs like that will continue to pop up and pump their s**t into the system for people to buy. Also I just checked FunCreators Twitter, TB has brought out the big guns, FunCreators are scared, I can tell because they look like they're refusing to discuss things further with TB's lawyers xD I'm beginning to think more and more that this company was a fake too lol
The ContentID problem on YouTube is getting a bit out of hand. Even if he loses that will help that situation and basically re-enforce some people's decisions to move elsewhere. It would suck, but it would clear things up. Just a silver lining.
 
I really didn`t followed the hole Drama about TB over the last couple of months but is threatening (Indie) Developers/Publisher nowadays really the right way to solve something?
If they're the 1s that wronged the public and then tried to ruin someones livelyhood for outing them, then yes, "threatening" them is the right way to put them in their place. In fact, TB is the only 1 that acted professional the entire time. The developers have basically just shown they did the game for a cash grab, if they were confident in their game, they would not have had an issue with TB's criticism in the first place.
The ContentID problem on YouTube is getting a bit out of hand. Even if he loses that will help that situation and basically re-enforce some people's decisions to move elsewhere. It would suck, but it would clear things up. Just a silver lining.
People won't move elsewhere though, it's hard enough as it is building a YT channel, let alone building up a channel on multiple platforms/services. Unless you're a Vlog channel or music channel or similar, since VLogs are usually weekly and music can take anywhere between 1 month to 1 year(sometimes more) to make, multiple platforms would be essential for creating greater exposure, for gaming channels that do stuff daily, not so much and guess what makes YouTube thrive more than any other video genre? Yep gaming. The only thing that would happen if TB lost, is someone else trying to take his place... YouTube won't change the system as it protects them the most out of everyone else, they're like the middle men that shy away when things get tough. If TB goes to court with FunCreators, it will be a dispute between them and not YoTube. From a programming point, YouTube may seem like some of the dumbest motherfuckers around, from a business/marketing point, they aren't stupid, they will know when YouTube is under threat from a competitor and then they will do something drastic. So far, I see no competitor that will put so much as a dent in YouTube's user base. YouTube have already established themselves and Google has integrated themselves really well into all the services they own. Have a Gmail account? Then you pretty much have an account for everything Google related. What TB could have done though, which is what I would have done, is acted all nice, removed the video and asked them to remove the strike, get it all settled, then record a review (or critique in TB's case) and use footage from another game like CoD or BF since people do that and do the review how I normally would. That way if it was ripping on a peice of crap made by a developer, they can't put a copyright strike on it, if they did, especially on someone elses IP they would be in so much trouble they wouldn't know what to do, it's 1 thing to put a false copyright claim on the stuff you own but someone else's? Imagine if an indie developer tried to put a copyright claim on Activision's or EA's games? lol
 
If they're the 1s that wronged the public and then tried to ruin someones livelyhood for outing them, then yes, "threatening" them is the right way to put them in their place. In fact, TB is the only 1 that acted professional the entire time. The developers have basically just shown they did the game for a cash grab, if they were confident in their game, they would not have had an issue with TB's criticism in the first place.

People won't move elsewhere though, it's hard enough as it is building a YT channel, let alone building up a channel on multiple platforms/services. Unless you're a Vlog channel or music channel or similar, since VLogs are usually weekly and music can take anywhere between 1 month to 1 year(sometimes more) to make, multiple platforms would be essential for creating greater exposure, for gaming channels that do stuff daily, not so much and guess what makes YouTube thrive more than any other video genre? Yep gaming. The only thing that would happen if TB lost, is someone else trying to take his place... YouTube won't change the system as it protects them the most out of everyone else, they're like the middle men that shy away when things get tough. If TB goes to court with FunCreators, it will be a dispute between them and not YoTube. From a programming point, YouTube may seem like some of the dumbest motherfuckers around, from a business/marketing point, they aren't stupid, they will know when YouTube is under threat from a competitor and then they will do something drastic. So far, I see no competitor that will put so much as a dent in YouTube's user base. YouTube have already established themselves and Google has integrated themselves really well into all the services they own. Have a Gmail account? Then you pretty much have an account for everything Google related. What TB could have done though, which is what I would have done, is acted all nice, removed the video and asked them to remove the strike, get it all settled, then record a review (or critique in TB's case) and use footage from another game like CoD or BF since people do that and do the review how I normally would. That way if it was ripping on a peice of crap made by a developer, they can't put a copyright strike on it, if they did, especially on someone elses IP they would be in so much trouble they wouldn't know what to do, it's 1 thing to put a false copyright claim on the stuff you own but someone else's? Imagine if an indie developer tried to put a copyright claim on Activision's or EA's games? lol
I'm not saying it will change YouTube's policies but it will set a legal precedent. If YouTube isn't willing to support it's content creators in such a way, they will move elsewhere. Other people have already started moving elsewhere. Sure they will take a hit but I'm sure they can spread the word enough to sustain themselves.
 
I'm not saying it will change YouTube's policies but it will set a legal precedent.

I agree. Moving away a bit from the TB saga now and talking about copyright infringement on YT in general, we need a test case to actually go to court and for a verdict to be given. The term "fair use" gets thrown around a lot (by both sides of interested parties) without really any knowledge of what is and what isn't acceptable. The page of text in YT's help is just theory. It needs to be tested in a court of law to settle the argument once and for all.

In reality though, the chances of it ever going to court are very slim because it's usually a case of David v Goliath in terms of budgets for lawyers, not to mention the international aspect of YT and all the legal problems that come with that.
 
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