Konami Copyright Claim

[WolfWraith]

The difference is though that when you buy a game, if people watch a lets play they might decide its pointless to play it cause they've already seen whats happened. However if you use a camera, or a microphone, or a pencil, nobody is going to stop buying it because they've seen it in action, while a game, like a film, might stop them from buying it when they can see it for free.

That's the developers fault for not making a game worth buying lol I.e. Beyond Two Souls, I can see why Quantic Dream are against anyone posting stuff on YouTube for it, I couldn't even get permission to do it without monetisation, but to be fair that kind of game is pretty much 1 massive cut scene, there's barely any interaction or effort in it and watching a LP gives you pretty much all you need from that game lol Most people who watch a LP and don't purchase the game probably wouldn't have purchased it prior to seeing any footage of it anyways. It goes both ways, it can make someone want to buy it or make them avoid it, that's not the LPers fault, the developers only have themselves to blame for that, but if someone wants to show off gameplay of a game they shouldn't be hit with claims or strikes just because a developer is getting bad rep from it, in fact it damages their reputation even more. Like I said earlier too, Konami aren't really protecting their IP, all they're doing is damaging their rep with an already large community of LPers. The only reason I bought The Last of Us was because I watched 2BFP it, I saw 3/4 of the entire LP and couldn't resist it any longer, this was a game that I didn't want to touch at all until it was near the $20-30 mark, grabbed it for $90, finished it and still watch 2BFP the rest of it lol

 

[GamingHappens]

But you're not reselling the game lol Making money from the game without permission is a whole different issue though, that's basically begging for a claim or copyright strike. But what I'm trying to say is that it's crap that they choose to claim gameplay and you're also assuming that people are making money off it too when Scob wasn't monetising it, again that's a slightly different matter but even then it's your interactions not anyone elses. I know they're strict and I always stay away from strict developers, it doesn't mean it's not crap that they choose to claim gameplay though xD If Scob uploaded without checking if Konami allow it then yeah obviously that's his own mistake.

Basically this: http://playrust.com/faq (first question/answer) is the attitude that all devs/publishers should have towards recorded gameplay footage of their games lol

Yes it kind of sucks because they claim such an old game but they have an option to claim visual/audio so they can in claim gameplay if they want because again "it's their game". And I was also not assuming, I was just stating because I saw what scob put and I know that he didn't want to monetize it, I also had this in my other messages.

 

[GafferGames]

That's the developers fault for not making a game worth buying lol I.e. Beyond Two Souls, I can see why Quantic Dream are against anyone posting stuff on YouTube for it, I couldn't even get permission to do it without monetisation, but to be fair that kind of game is pretty much 1 massive cut scene, there's barely any interaction or effort in it and watching a LP gives you pretty much all you need from that game lol Most people who watch a LP and don't purchase the game probably wouldn't have purchased it prior to seeing any footage of it anyways. It goes both ways, it can make someone want to buy it or make them avoid it, that's not the LPers fault, the developers only have themselves to blame for that, but if someone wants to show off gameplay of a game they shouldn't be hit with claims or strikes just because a developer is getting bad rep from it, in fact it damages their reputation even more. Like I said earlier too, Konami aren't really protecting their IP, all they're doing is damaging their rep with an already large community of LPers. The only reason I bought The Last of Us was because I watched 2BFP it, I saw 3/4 of the entire LP and couldn't resist it any longer, this was a game that I didn't want to touch at all until it was near the $20-30 mark, grabbed it for $90, finished it and still watch 2BFP the rest of it lol

Not really, not everyone is like us, some people might have been going to buy a game, then watched an LP and decided they didn't see the point on spending the money anymore, it does happen, I know that for a fact!

 

[Tarmack]

If a potential customer can watch a video of someone playing a game and as a result decides not to purchase the game because they are satisfied with the experience of watching, then the developer has failed to make a compelling video game experience. The solution is for them to make better games, not attack people who make videos.

Here's how I feel about gameplay and copyright. By and large, for channels with any appreciable audience, it is worth noting that most of the time the game being played is irrelevant. It is merely coincidental because the viewers are there for the personality of the channel. Imagine if Samuel L Jackson was playing GTA 5. Are you watching for GTA 5? or to hear SLJ b***h about GTA 5 when stuff goes badly? Pewdiepie could play Microsoft Excel as though it was a game and b***h the whole time, and his subscribers would watch and love it. Yes, people usually find channels first because they're looking for a particular game, however they stay because they like the kind of content that the channel produces.

By shifting the basis for viewer engagement what happens is that a new production and new copyright has occured. This is where fair use comes into play and this is what the defense will be if/when it ever goes to a court battle. If the game being played is merely coincidental, then it's the same as a well crafted vlog that happens to have a car drive by with copyrighted music blaring.

So channels who upload only gameplay with no personality involved get left out in the mud. However, you then have to consider games that involve high levels of skill. Imagine a professional League of Legends team broadcasting a game with no commentary. The value of the production comes from their skill, rather than their words.

Ultimately I do not believe that video game companies which create gameplay that the gamer can influence in order to create their own path through the game, have any right to take monetization from those players as long as the player is doing everything they can to make that shift from the game being the priority to the personality being the priority. The reality of the situation however is that real content creators are not considered valuable in the same way that large copyright owners are, and as such we lose every time.

 

[WolfWraith]

Not really, not everyone is like us, some people might have been going to buy a game, then watched an LP and decided they didn't see the point on spending the money anymore, it does happen, I know that for a fact!

Exactly, and that's the developers fault not ours. Now we know that The Last of Us (for example here) was a great game, regardless of whether you liked it or not, it nailed GOTY pretty easy (not for innovation like everyone says since it doesn't have that but many other things) and it racked in a lot of $ for ND, this is primarily due to the fact that the game was amazing and watching a LP of it isn't enough to get anywhere near the experience that the game provided of course there's going ot be 1 or 2 people here and there seeing LPs and not wanting it but that barely phases ND who are confident in their products. But let's say the TLOU was a s**t game, if say some person saw The Last of Us, and thought the story was enough for them and that the gameplay didn't make it worth buying, that's Naughty Dogs fault for not making the gameplay appealing enough to the public, but then imagine if LPs, reviews, critiques weren't allowed or didn't exist, how p****d off would you be if you bought it on a guess and it was a heap of crap? This is part of the reason why LPs and Reviews are 100% needed in the gaming industry/community (especially now days with greedy corps), it protects people from making the wrong choices or helps them make the right choices and doesn't feed greedy developers like Wild Games Studio. Just like Beyond Two Souls, it's Quantic Dream's fault if people watch videos of it and that's enough for them, it was for me and I was going to buy it at somepoint, made me so glad I didn't buy it and I don't intend to, why would I want to buy a game which is pretty much 1 big cut scene when I can watch it on YouTube? People could argue that they made the game for money so that means I have to give them money for something I may or may not like? Not my fault or the LPers fault that QD made an interactive movie and called it a game lol[DOUBLEPOST=1398475452,1398474715][/DOUBLEPOST]

So channels who upload only gameplay with no personality involved get left out in the mud. However, you then have to consider games that involve high levels of skill. Imagine a professional League of Legends team broadcasting a game with no commentary. The value of the production comes from their skill, rather than their words.

Ultimately I do not believe that video game companies which create gameplay that the gamer can influence in order to create their own path through the game, have any right to take monetization from those players as long as the player is doing everything they can to make that shift from the game being the priority to the personality being the priority. The reality of the situation however is that real content creators are not considered valuable in the same way that large copyright owners are, and as such we lose every time.

This brings to mind a user on this forum called MrFitzsomething (trying to find his name lol) I can't remember his name, he mentioned that it could take him anywhere between 5-10hrs just to record a walkthrough because he tries to 100% mission/quest/level so prior to each level/mission or whatever he does it a few times to make sure he can do it in a single run, so basically training to overcome obstacles and make it look like 1 big flawless run through a level. It's pretty crazy to think that a developer can just slam it with a claim or strike just because they made something you can interact with or as you said influence.