Subtitles section Play video Print subtitles I wanted to talk about a little bit more on some of the reactions to uh what happened I'm by no means trying to stir up any more of it and ultimately this is my fault I'm the one responsible and the more time that passes the more and more I realized how wrong I was but a lot of people's outrage or uproar about it was pretty interesting maybe you saw this tweet but it's from Sean Vann - whatever - "We're filing a DMCA takedown of PewDiePie's Firewatch content and any future Campo Santo games". Followed by "There is a bit of leeway you have to have with the internet when you wake up every day and make video games there's also a breaking point". "I'm sick of this child getting more and more chances to make money off what we make". For those who don't know a DMCA claim is basically a Copyright strike. Umm It's like a legal action towards your channel. It's a pretty big deal if I get more than three of them then - um - my channel will shut down. So you could say this is an attack on me, my livelihood. So it seemed more than just grandstanding. This seems more like an attack to me. Uh, he also followed with: "I urge other developers and will be reaching out to folks much larger than us to cut him off from the content that has made him a millionaire". So basically urging other people to do the same I don't know a lot of people aren't really sure about Let's Plays It's sort of like a gray area in legal terms, because it's not like we owned the game. We don't own direct licence to it and I don't think technically we can sell the video with us in it and there hasn't really been a trial that tests this as well. There hasn't really been a trial that confirms "Yes, Let's Plays are protected by fair use you can't do copyright takedown claims on them". But generally there hasn't been a case because developers uh, benefit massively from Let's Players or streamers this is pretty commonly known eh, Minecraft Is a billion dollar title because of streamers, largely because of streamers and YouTubers. Same thing you know PUBG, I don't think It probably would not be even nearly as big without streamers and developers know this. This is pretty commonly known and that's why even though, yes we are making money through your game it's still seen as something positive but it is sort of interesting to me this case in particular because Sean's game is very much probably the most linear game in question. You know, out of all games that could have been talked about you know to me it's really interesting how a game like Firewatch talks about this in a way like this because Firewatch Is an extremely linear game it's almost like a walking simulator. It's not a bad game, I quite enjoyed it, but arguably if you play Call of Duty and someone else play Call of Duty you're gonna get a completely different experience almost no matter what but if you play Firewatch you're probably gonna have the exact same experience no matter who plays it, so you could say "okay, well what's the difference between playing the game yourself rather than just watching someone else play it then" and ya, no, it's a fair point and I think especially with Firewatch in mind. Personally I think either way is wrong. You're bringing in more attention to the game. People generally want to play the games themself almost no matter what. Even games that are pretty much just a story base where you click through and read people want to play themselves and Firewatch compared to other walking simulators like the Walking Dead or Life is Strange it doesn't really have choices that leads to different outcomes or different endings so it's it's it is very much on the line and I think there was some controversy as well with this game in the past because people refunded the game because it was so short and they didn't like the ending and people were streaming it so they were just worried that people were just watching it instead of buying it So I think it's you know out of all people to come out of make a statement like this I think it's interesting that this is the developer that did it. That's pretty much my point here "furthermore we're complicit and I'm sure we made money off the 5.7 million views that video has and that's something for us to think about". now Let's get into the meat of this Lot of people are saying I've seen a lot of tweets saying they're not abusing Copyright laws Let's Plays because Let's Plays aren't fair use. Get over it. I can't say for certainty that it is protected against fair use but I'm fairly certain and most legal expert's would say the same. There are some arguments against it but if you watch my video you know that I'm adding my commentary to it I'm giving my insight to it whoever watches me play it is gonna experience it differently than anyone that plays it themselves. That's just how it is. There was an interesting article about this as well saying "Having seen some of Pewdiepies Firewatch Let's Play video it definitely would appear to be protected by fair use. The fact that Vanaman directly and publicly admits that he's not taking the video down for any valid copyright reason but rather because he thinks Pewdiepie is a "propagator of despicable garbage" doesn't help Vaenaman's case at all, rather it gives Pewdiepie a lot more leverage to claim that any such take down would be abusive and possibly even a violation of DMCA's against misrepresentations. I've also seen other legal experts claiming that the video isn't protected by fair use Let's Plays aren't protected by fair use No one can really say for certain, that's why it's a gray area. There are other legal experts saying that Let's Play's aren't legal "Firewatch DMCA's are legal dev's can easily destroy Youtube channel and the law isn't how you want it listen here". The thing though that a lot of people pointed out shortly after these tweets were made was that they have a stream policy on their website. This is literally if you go to Firewatchgame.com/about. It says "can I stream this game can I make money off of those streams?". "Yes. "we love that people stream and share their experience in the game. You are free to monetize your videos as well". So people pointed this out but there's still arguments against saying "it doesn't matter because Let's Plays still aren't fair use so they can do whatever they want". And I would - I would agree because basically Sean said he will he will strike down any one of my future Let's Plays and the current the past one, but the thing is that doesn't mean he can go back and revoke from the old one. Do you know what I'm saying? Basically Sean has the right to strike any video that I upload from this point because he's publicly said that that's what he's gonna do but you can't retroactively let go and say you know what I'm revoking this license because you are a racist garbage or whatever. That's not how DMCA work and I'm pretty sure that in that form of selection bias is not gonna hold up in court imagine if I made some artwork and I told people "hey you're free to use his artwork go ahead everyone" people start using the artwork and then I point to some people and I say "no" and file a copyright law dispute against that. Doesn't really add up does it? So regardless if Let's Play is fair use or not this argument of claiming my video is incorrect. Most likely if my video gets striked I can't really do anything about it, Youtube really doesn't they're sort of washing their hands around these copyright things, they kind of want to leave out of it, I mean they've been sued enough so it sort of makes sense. I imagine if a case like this toes to court then there's not gonna be much leverage for it. If anything it would be a huge waste of time and money for Sean and his developing team. When I saw these tweets I immediately privatized the video out of respect for his request but my video got claimed anyway. They got the strike anyway, which is pretty disappointing to be honest. As far as I'm concerned I didn't use any abusive language in this video. I didn't do anything that I think would be considered offensive. This video was uploaded as far as I know two years ago and I gotta say I'm pretty disappointed. Also in people defending this that I know personally have had problem with DMCA request - take down requests as well. Whether you like me or Mr. Vanaman, these laws are made to for people to take down content and whenever there's power to do so it's going to be abused and especially when the reason to take down the content has nothing to do with copyright it's it sort of shows that. I think these laws are important for people, for artists to protect artists work and what they do and I think and that's why I think it's really dangerous to make these sort of claims and to do these sort of copyright claims for no real valid reason, no matter what you think of me. If you have a problem with any content online or any video being up you're are free to tweet me I will probably see it and I will respect that request. I did get a request from another developer asking the same thing "hey can you delete this video" and I did and I wouldn't have any problem to have done the same with this video I have a huge amount of respect for developers and what they do. I know my work would not have been possible without them and that's why I would never go against that. I could probably fight this in court and I would probably win but I decided to just delete the video and not waste everyone's time more about this. Like I said, this - everything about this was my fault the whole drama I'm the one starting it but I still think it's an interesting discussion to talk about and I think it's important that we don't abuse these laws because they exist to protect artists not to make any form of censorship or abusive claims. This video is not meant to attack Sean or his development team or anyone I just think it's important to talk about these things. Like I said, I thought Firewatch was a really great game and I wish him all the best in the future with their next title.
A2 PewDiePie copyright fair legal sean people About A Copyright Strike 18 0 林宜悉 posted on 2020/07/01 More Share Save Report Video vocabulary