YouTuber Angry Joe Swears Off Nintendo Videos After The Company Claimed His Mario Party 10 Take
from the biting-the-hand dept
Nintendo's never-ending desire to control how YouTubers review its games or do "let's plays" has been laughable from the start. From the trust-destroying agreement YouTubers had to enter into in order to get access to visual content to the beauracratic nightmare individuals had to wade through just to get a video approved for monetization, the whole thing started off on messy footing. And the biggest issue in all of this: Nintendo still can't seem to grasp that these YouTubers are giving the company free advertising. Gamers love the kinds of videos these YouTubers produce. They use them to make purchasing decisions, to become interested in new games, and to fuel word-of-mouth advertising that no trumped up ad campaign could ever possibly hope to achieve. Why make any of that more complicated by creating an approval system for the videos? And, more importantly, why take away the incentive for fans to promote your games by demanding a share of their YouTube revenue?
Well, the program that's a mere few months old has already resulted in the first major YouTuber proclaiming that Nintendo games will no longer be covered. Angry Joe (Joe Vargas) has one hell of an online following in the gaming YouTuber community and, following a spat over his Mario Party 10 video, Nintendo is dead to him.
Joe “Angry Joe” Vargas, who commands nearly two million subscribers on YouTube, has decided to stop covering Nintendo games, following a dispute over a Mario Party 10 video. Angry Joe’s Mario Party 10 video was flagged by YouTube, and while it’s possible for him to keep the video online, he can’t make money off it. It’s easy to imagine why he’s upset.He tweeted about the decision a few days ago:
I hope @NintendoAmerica enjoyed the free ad revenue & coverage I generated for em. It will be my last Nintendo video. pic.twitter.com/07797eA7W4 — Joe Vargas (@AngryJoeShow) April 4, 2015
Here's a case where Nintendo has locked up 100% of the ad revenue on Angry Joe's video, despite the fact that it's not Nintendo's copyright-covered content viewers are coming to watch. That's not only unfair, it's biting the very hand feeding Nintendo's coffers and sending the company new customers. This is the first major YouTuber to jump off the Nintendo ship, but it almost certainly won't be the last.
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Filed Under: angry joe, contentid, dmca takedown, video games, videos
Companies: nintendo, youtube
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Pure, endless greed
It's not enough that he paid several hundred for the system, $50-70 per game for several games, several hundred for several sets of controllers, no, even after all the money he has given them, they still demand more. Even after all that, they still demand that he pay them for the privilege of advertising their games to the huge numbers of people that watch his videos.
Even other game companies that people (rightly) despise, EA and Ubisoft, seem to have been smart enough to figure out that people making videos of their games is free publicity, which makes it all the worse that a company that so many people love has shown such boneheaded, shortsighted greed.
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Can someone please explain...
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Re: Can someone please explain...
/S
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Re: Can someone please explain...
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Re: Pure, endless greed
I strongly suspect Nintendo management has no idea what is going on here. They probably just told their legal department to "protect our rights" and the lawyers go off and do this.
Why? Because they can.
Their reasoning is simple - the law lets us do this, doing it is "protecting our rights", and we've been told to "product our rights", so do it.
Lawyers are not business people. They don't think about what's good for the company or for profits. They just think "if the law lets me screw up other people, I should do so". Because to a lawyer life is a zero-sum game. And the law lets them.
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Re: Can someone please explain...
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This is the result
Protectionist policies that only serve huge, entrenched corporations must be repealed and content given back to the public, as it SHOULD have been.
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Re: Re: Pure, endless greed
Corporate Executives know it's all about building and protecting your empire. The company be damned. It's one reason why techies and executives have so much trouble communicating.
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Re: Re: Can someone please explain...
ftfy
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I'm pretty sure this latest move shows they're the next Sega.
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That said, this kind of greed makes me never want to support Nintendo again.
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Re: Can someone please explain...
Perhaps they do. All you need to do to find out is hire a lawyer, pay them a crazy amount of money, take time off work to go to court, defend you case, wait possibly several years for a finial non-appealable judgement, pay more money in court costs and fees, dedicate all your free time to the case any maybe you can get the video rules fair use. or maybe not and your be counter-sued for copyright infringement. All so you can post a free video online. easy right.
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Re: Re:
US copyright law, as it stands now, is pretty much entirely weighted on the side of copyright owners(or those who claim to be ones), with essentially no real rights on the side of the public, and both sides know it(absolutely no punishment for even the most obviously bogus DMCA claims, Fair Use theoretically exists, but anyone can sue, and the odds of getting your money back after that happens are all but non-existent, making Fair Use a very expensive 'right' to exercise, and so on).
Now, Google could have fought back(and in the long term they probably would have been better off doing so), arguing for stronger protections for those posting on their services, in this case YT, and doing just as much as the law demanded, and no more('You want something taken down? File a DMCA claim, otherwise, tough'), but this would have lead to years upon years of lawsuits, because maximalists are never satisfied with what they have, and will always demand more. Rather than deal with that, they folded, and decided to throw the maximalists a bone, ContentID, in hopes that it would appease them, if only for a bit(and make no mistake, it won't, not for long).
So while Google certainly is partially to blame, an equally large chunk of that blame can be laid at the feet of the insane laws they were faced with, and decided would be too much trouble to fight back against.
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Re: Can someone please explain...
Lawsuit to defend Let's Play ad revenue: $8,000,000
explicit fair use law: priceless
There are some things money can't buy. For everything else, there is the Supreme Court.
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Now he can't cover one of the brand new consoles he bought because he can't use it for his job (creating content for youtube)
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IIRC, Nintendo saved us all from the great video game crash by coming up with the thrilling idea of not letting random people make games for your consoles without you knowing about it.
This is probably not as applicable to the modern internet, though.
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Nintendo might end up noticing the drop in their sales and in the mad dash of corporate drones they might finally look down from the tower and notice the peasants aren't buying their games because no one knows if they are any good. Nintendo will wonder why and then maybe notice they slit their own wrists by launching attacks on reviewers who promoted their games at no cost to them. That the ZOMG IP Protection charge has protected their IP so well no one is seeing it anymore.
It is these tone deaf charges from above without any consideration or allowances for what is actually good for the business.
The powers granted by YouTube to corporations are well in excess of what the law requires, and merely serve as deterrents to 1000's of meritless lawsuits trying to make corporations wishes law. They are the big kid on the block, but so rarely is there a story where they stand up for those who are in the right rather than default to corporations are always right without even looking at it.
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Re: Re: Pure, endless greed
Humm, if I hired a lawyer to do work for my business and his actions negatively affected my business....well I'd hire another lawyer to sue the idiot lawyer.
A lawyer who ignore whats in the best interest of his client has no business representing anyone.
I'd have no problem with a lawyer pointing out that the requested action is stupid and the client still insisting they follow through with the stupid action. But I would have a problem with a lawyer just blindly doing whatever is asked of him.
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prima facie evidence of incipient insanity...
do not try and bend the google. that's impossible. instead only try to realize the truth. there is no google. then you will see it is not the google that bends, it is yourself...
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Re: Re: Can someone please explain...
That's the one thing I hate about capitalism, you can buy everything... even justice.
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Greedy ?
Sorry mate, they are not "anti-youtuber" - you are using, streaming and making money of copyright protected content. Nintento is right to take you down.
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In a sense, that actually makes this worse for Nintendo, especially if the comments elsewhere about him deliberately trying to branch out are true.
By that, I mean that a channel devoted to Nintendo fans might be essentially seen as preaching to the choir and not gain significant extra sales/revenue for the company (I still think they'd be wrong, but bear with me).
However, if the channel is 90% Xbox and PC games, with the occasional Nintendo product showcased here and there, that's additional exposure to people who wouldn't normally consider the Nintendo product. Some of whom might see the games and decide to impulse buy a console or game they hadn't previous considered.
Companies like Nintendo spend millions trying to work out how to advertise to these kinds of markets effectively, but here they are rejecting those who do it for them for free.
"Why doesn't anyone do journalism anymore?"
What constitutes journalism in your mind? Do you usually visit opinion blogs for your investigative journalism?
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Re: Greedy ?
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Or idiotic, pick one
He's already spend hundreds(I think he estimated close to $900 for just the Wii-U related stuff) on them, and then they have the gall to charge him for providing free advertising? Something companies spend piles of money creating and trying to get to as many people as possible, and something he was doing for free.
They're either greedy, incredibly stupid, or both, take your pick.
And hey, while we're at it, in some of his previous videos he's talked about how work intensive it is for him to create his reviews, and it is not an easy or short process. And yet, at the end of all that work, here comes Nintendo to claim all of the revenue from it, as though simply showing their product is enough to earn them all the money from his work.
You want to get angry that he was making money from 'Nintendo's content', well where's your anger at them taking all the money from his work, his content, hmm?
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Re: Re: Greedy ?
Oh well, more money for books and music I suppose.
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Just another day on Corporate Planet Earth
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Yup. No games on PCs. Or any software at all, on any platforms except publisher-controlled, DRM-laden, proprietary console hardware.
That's definitely how things are, and how they have been ever since Nintendo saved the world of software development...
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Re: Re: Can someone please explain...
Maybe this will not be a lot of money , maybe it will, but no matter how much it is youtube should take note that they are easily replaced if all content creators for games decide to support a third party website and point all consumers to this website.
Eventually it could actually be a situation where youtube was losing millions of viewers a day to a third party website who had fair use as their main discipline and protected consumers and content creators.
I just dot understand how Youtube can go after content creators as they are more tha coverd under fair use here.
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Re: Re: Re: Can someone please explain...
What makes you think that the new website will be immune from the legal attacks and other pressures that forced YouTube to put ContentID and their DMCA processes in place to begin with, let alone the constant stream of demands for content to be taken down outside of these systems?
"I just dot understand how Youtube can go after content creators as they are more tha coverd under fair use here."
Oh, you don't actually understand the issues and are just assuming that YouTube are the ones attacking content creators here? Never mind, carry on with your fictional version of events...
(Hint: Nintendo are the ones attacking here, not YouTube. That's why Joe is boycotting Nintendo, not Google)
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Re: Greedy ?
The law is very clear on purchasing rights and that once you purchase something you have the right to do as you will with it, that means reselling and giving it away to someone or lending it to them or even hacking it, the law is very clear on this and ensures that big business cannot take advantage of these laws.
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Re: Can someone please explain...
It's points 3 and 4 that are most likely to weigh against the fan making the video. A Let's Play is likely to cover most of the playable parts of a game, especially if it's very linear. As a result, it's a much more reasonable argument that a viewer could "get the whole experience" of the game by watching the Let's Play instead of by buying and playing the game. (I don't buy that, myself—I've even bought games because of having seen them in LPs—but I'm not the one making fair use rulings)
Points 1 and 2 don't counterbalance that much. Getting ad revenue for the videos even seems to make it worse, although I would hope a reasonable judge would realize that that revenue is earned not on the basis of playing a specific game but on the viewers wanting to experience more of the player's personality.
Absent a ruling, we may never know whether it passes the test, but it's not a given.
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what percentage of the movie do I have to make commentary on?
does my commentary even have to be about the movie? could I, instead, talk about the weather?
the idea that you can show these extending video game clips and it somehow be different is odd. this isn't even machinanima, which at least has a significant creative portion involved.
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Re: Re: Pure, endless greed
Is a bit to the harsh side. It is about setting a precedent to avoid the erosion of the rights. If one person is allowed to do something you cannot go after another doing the same thing and it weakens cases of related types of use too.
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Re: Or idiotic, pick one
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The flip side of that coin is that there are people that I find incredibly objectionable who have taken up positions that I agree with. I will defend their position when I agree with it, even though I dislike them.
I don't have to like or dislike someone in order to agree or disagree with them.
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Re: Can someone please explain...
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Advertisers are google's customers.
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Re: Re: Re: Pure, endless greed
But you don't screw over your best and most enthusiastic customers. That is stupidity in action.
And it does not benefit anybody, except maybe the lawyers.
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Re: Re: Pure, endless greed
By all accounts Nintendo America understands Youtube and Social Media and how they can be beneficial. It's Nintendo Japan that is being all draconian about this.
Let's look at another example that also involves Angry Joe.
Capcom USA sent him a press package to promote the most recent Street Fighter release. He made a video about it that included clips from the promotional video provided to him by Capcom. It was slapped with a takedown notice by Capcom Japan.
With these sort of incidents it always seems to trace back to the offices of the Japanese game publishers.
Perhaps it's a cultural thing I don't understand but there are many examples of Japanese companies being somewhat hostile to the internet.
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Re: Re: Re: Pure, endless greed
Hopefully he told them that he'd be giving a pass to any similar offers unless they could reign in their trigger happy colleagues in the future.
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Re: Re: Re: Re: Can someone please explain...
Ask a Ninja? He is a ninja so he may not respond to questions. They tend to be mysterious and elusive after all.
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Re: Re: Can someone please explain...
I don't think even judges are that dumb for the most part*. You only need the vaguest understanding of what a video game is to know that watching a video of one is not a substitute.
* there could be county judges somewhere that are but *mostly*
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I own a copy of 10-Yard Fight. Anything Nintendo did to save or revitalize the home video game industry it had little to do with quality control. The stepped into a void left by companies that pursued short term profits over long term viability. It's sad to see that Nintendo may be on the other side now.
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Re: Re: Pure, endless greed
Correction: Bad lawyers don't think about what's good for the company. Good lawyers think about little else.
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Re: Re: Re: Can someone please explain...
And yet - only Lawyers advertise.
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Pure, endless greed
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Re: Can someone please explain...
Nintendo's action here is not just insane, it's unlawful.
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Re: Re: Can someone please explain...
That option is not always available. It depends on how much money you have to spare for lawyering.
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Re: Pure, endless greed
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Re: Re: Pure, endless greed
The time and effort he put into making and editing the video is zero investment?
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Re: Re: Can someone please explain...
That is not correct. Commercial / profitable use can be fair use.
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