Lol @ Activision Striking Me

[avilsd]

Well that's rather unfortunate.. 2 strikes in 1. Of course I'm fighting the claim (but first I emailed their legal company) because I posted footage LONG AFTER the game was out, and not only that.. but it was Infinite Warfare BETA footage lol. No leaks, nothing of that sort, all fair use gameplay.. AND the same exact footage was posted on other channels like 10-15x and Activision could care less about that.

I'm not too upset though, I have a feeling of why they did it. Activision's been going HAM on striking everyone over the past couple of days. Sometimes they might go a little too hard. I made sure to follow all the rules on my gaming channel and still.. Oh well. Everyone gets affected, this'll be fun

 

[Brenden]

Activision is notorious for that. Honestly, good luck. You're not alone.

 

[subversiveasset]

Well that's rather unfortunate.. 2 strikes in 1. Of course I'm fighting the claim (but first I emailed their legal company) because I posted footage LONG AFTER the game was out, and not only that.. but it was Infinite Warfare BETA footage lol. No leaks, nothing of that sort, all fair use gameplay.. AND the same exact footage was posted on other channels like 10-15x and Activision could care less about that.

I'm not too upset though, I have a feeling of why they did it. Activision's been going HAM on striking everyone over the past couple of days. Sometimes they might go a little too hard. I made sure to follow all the rules on my gaming channel and still.. Oh well. Everyone gets affected, this'll be fun

1) Just because it's long after the game is out doesn't mean that the material is not copyrighted. (For works created after January 1978, the term of copyright is the author's life + 70 years.)

2) Just because it's a beta doesn't mean it's not copyrighted.

3) Let's plays/gameplay videos are actually (probably) not fair use. I say "probably" because fair use has to be determined in a court of law, and up to this point, there aren't any legal decisions to establish precedent regarding let's plays, but based on how courts have decided for other media, it probably wouldn't be too favorable for gamers. The entire existence of the let's play genre of videos depends on the graciousness of game developers to not assert rights that they definitely have. This is why LPers usually pay attention to specific game developers and avoid others (cough nintendo cough activision)

All this being said, hope that you can win the claim. MOST game developers realize that even if they *can* strike LPs/gameplay videos, it really doesn't make a whole lot of sense to do this -- it's free advertising for them!

 

[avilsd]

1) Just because it's long after the game is out doesn't mean that the material is not copyrighted. (For works created after January 1978, the term of copyright is the author's life + 70 years.)

2) Just because it's a beta doesn't mean it's not copyrighted.

3) Let's plays/gameplay videos are actually (probably) not fair use. I say "probably" because fair use has to be determined in a court of law, and up to this point, there aren't any legal decisions to establish precedent regarding let's plays, but based on how courts have decided for other media, it probably wouldn't be too favorable for gamers. The entire existence of the let's play genre of videos depends on the graciousness of game developers to not assert rights that they definitely have. This is why LPers usually pay attention to specific game developers and avoid others (cough nintendo cough activision)

All this being said, hope that you can win the claim. MOST game developers realize that even if they *can* strike LPs/gameplay videos, it really doesn't make a whole lot of sense to do this -- it's free advertising for them!

See the thing is though.. Activision NEEDS this. Because Battlefield is crushing IW this year (I'm not a gamer anymore, but I think personally CoD went down the toilet and as a consumer, Id probably purchase BF or other games) AND EA never relied on commentaries as much. IW was the most disliked trailer of the year and now they're striking a bunch of channels left and right. Unlike Rockstar, which you KNOW will strike people even weeks after GTA comes out, Activision never did this before (or at least not on the scale I've seen it).. Like it's kind of a scummy move on their part. Not to say I hate them for it, I understand.. but it's like they've been fine with literally millions of commentaries annually, and technically, yes.. they do own the footage fully and can do whatever they'd like with it, but what they're doing isn't making sense. Comparing this new Activision to the old Activision I knew and loved.. I dunno.