Chewy7324 41 points a year ago

I really hate how circumventing protection measures on their own device is considered illegal. It's my device, I should be allowed to do what I want.

Even the term "protection measures" annoys me, as it tries to protect their interests on my device.

Also, linking to an emulator should not be considered "trafficking circumvention devices". Making circumvention devices illegal is bad enough.

But the streamer is an idiot too as he was publicly streaming cracked games pre release. Streaming any game can be considered copyright infringement, although it's usually not enforced (it's free advertisement).

save

path: 0 16584230, hotness: undefined, score: 41, children: 6

mbirth 9 points a year ago

But how is it deemed illegal when Nintendo "loses" pre-release games in the wild and somebody "finds" it and shows it off on YouTube? Game reviewers are bound by NDAs and have contracts with Ninty - but these "criminals" don't. So what's the crime here? Publishing something Ninty didn't want to get out yet? And how is this copyright infringement when he never stated that he's made a Mario game? Or is trying to sell Mario-themed stuff? It's an official game from Ninty, so what does this have to do with copyright? Where did he copy it?

Same with the "circumvention" ... if you can easily make a copy of the key from your own device - which you've legally bought and where you only need a paper clip to do it - what are you circumventing then? If you buy a lock, it usually comes with the keys on a keyring that's "locked" to the loop. Is removing a key from that keyring also "circumventing" then?

The big problem here is that most people doing law have no idea about the technical stuff. And until that changes we'll see lots of these ridiculous claims going through.

save

path: 0 16584230 16587659, hotness: undefined, score: 9, children: 4

pablodaniel 12 points a year ago

The legal system exists to be manipulated by rich people, for rich people.

We can blame all the rubes that said "they're a business and they need to make money!" for why these corporations now have the power of gods.

save

path: 0 16584230 16587659 16593389, hotness: undefined, score: 12, children: 0

Chewy7324 3 points a year ago

So what's the crime here? Publishing something Ninty didn't want to get out yet?

Theoretically any streamer could get sued for copyright infringement by the copyright holders. This is because they own the gameplay, irrespective of whether someone plays it themselves or watches someone else play it. That's why Nintendo sues for copyright infringement. Usually game companies understand streamers correctly as free advertisement (sometimes even paid) and don't sue.

Edit: I can imagine they look at broadcasting playing their game in a similar way to someone reading a book out loud publicly. Which is also copyright infringement.

I agree with you on most of your points. And just wanted to clarify this.

save

path: 0 16584230 16587659 16595614, hotness: undefined, score: 3, children: 2

mbirth 2 points a year ago

This is because they own the gameplay

Do they, though? They create the world, but the player is the one controlling the action.

someone reading a book out loud publicly

If I publicly read a book, I replay the contents verbatim. Basically an exact copy. But playing a game IMHO is more like fan-fiction. I'm making my own story and thus there should be no way to get any legal case against showing/publishing this to others.

That being said, if you monetise your videos and make money from them, it becomes a whole different story.

save

path: 0 16584230 16587659 16595614 16599319, hotness: undefined, score: 2, children: 1

Chewy7324 2 points a year ago

They create the world, but the player is the one controlling the action.

Yes, the streamer adds to the experience (i.e. how he plays, commentary, ...), but a narrator put their own spin on a story. Intonation, the timing of pauses, etc. all requires skill and changes the end result.

Good point about fan fictions. I think fan fics are more like mods in the way that they expand on the world/media without distributing the original media itself.

But yeah I also think it's dumb that playing a video game could be considered copyright infringement. The same goes for small clips from movies, which are the exact opposite of detrimental to the popularity of a movie.

save

path: 0 16584230 16587659 16595614 16599319 16602312, hotness: undefined, score: 2, children: 0

pablodaniel 7 points a year ago

This is what happens when society is comprised of useful idiots.

save

path: 0 16584230 16593388, hotness: undefined, score: 7, children: 0

latenightnoir 18 points a year ago

Up next: Nintendo thinking of suing everyone with a Mario tattoo into slicing affected bit of skin off.

save

path: 0 16585196, hotness: undefined, score: 18, children: 2

mbirth 4 points a year ago

Wait, until they find out about Supermarionation...

save

path: 0 16585196 16593256, hotness: undefined, score: 4, children: 1

latenightnoir 0 points a year ago

Oh, no, it'll be a massacre...

save

path: 0 16585196 16593256 16600251, hotness: undefined, score: 0, children: 0