4 ms·

I'm pretty sure every single game streamed cost more than $2500 to produce (some over $100M), and that streamers are doing it for financial gain, often putting

I'm pretty sure every single game streamed cost more than $2500 to produce (some over $100M), and that streamers are doing it for financial gain, often putting themselves in the highest tax brackets. More importantly, the law is the law, and it's bad business to detract from that fact. Twitch isn't any different than the screenshot case... it took art to load the DOSBox programs... sending the right input signals to the various programs to allow the screenshot to be taken.

bawolff 6y ago
The law states retail value not total value, although i actually misunderstood that part, its more about how much time the max jail sentence is: https://www.law.cornell.edu/uscode/text/18/2319 https://www.law.cornell.edu/uscode/text/18/2319 > More importantly, the law is the law, and it's bad business to detract from that fact. Not really. When you get away from the Free Software hippies (i say that endaringly as one of them) who want freedom from copyright, the way religious people want purity, copyright is largely about risk management. > Twitch isn't any different than the screenshot case... There's lots of differences (in both directions). Lots of twitch has explicit permission to use the video games, most of twitch isn't streaming abandonware, the argument for fair use is probably present for both but much easier to make for wikipedia, etc. In terms of wikipedia, the concern is ideological purity, not that some defunct video game heir is going to come out of nowhere and sue us. > it took art to load the DOSBox programs... It took skill, not art. The screenshots themselves don't contain originality by the author of the post, so he doesn't get copyright of it in usa (european countries are often different). See https://en.wikipedia.org/wiki/Bridgeman_Art_Library_v._Corel_Corp https://en.wikipedia.org/wiki/Bridgeman_Art_Library_v._Corel.... I'm not sure how that relates to your point though. Even if the screenshots contained originality from the author, like how twitch streams do, it doesn't remove the copyright from the original video game designer, it would just mean both have a copyright and you would need permission from both to do stuff with the created work. Disclaimer: IANAL
- hashtagmarkup 6y ago
  > copyright is largely about risk management. Title 17 wasn't written as an MBA business plan template... it was written as law. https://www.copyright.gov/title17/ https://www.copyright.gov/title17/
  - bawolff 6y ago
    So? The legal system isn't boolean.
    - hashtagmarkup 6y ago
      Being in or out of jail is boolean.
      - bawolff 6y ago
        What's your point? All events either do or do not happen. Are you suggesting that risk management only applies to events that are not boolean?
        hashtagmarkup 6y ago
        I am suggesting that you keep bringing up risk management out of nowhere while I try to teach you how laws work.
  - bdowling 6y ago
    > Title 17 wasn't written as an MBA business plan template... Copyright exists to support and encourage certain businesses that would not be viable without it. Specifically, copyright supports some businesses where the cost to create the first item (e.g., book, music, video game) is very high, but the cost required to replicate the item is very low. Copyright law gives options to rights holders that they can consider using to enforce their rights. In cases where infringers are clearly interfering with their business (e.g., selling or giving away copies of their work), then the rights holder may choose to sue for infringement. In the case of streamers on Twitch where the infringement may lead to increased interest in their product, they may choose to do nothing.

bawolff 6y ago

The law states retail value not total value, although i actually misunderstood that part, its more about how much time the max jail sentence is: https://www.law.cornell.edu/uscode/text/18/2319 https://www.law.cornell.edu/uscode/text/18/2319 > More importantly, the law is the law, and it's bad business to detract from that fact. Not really. When you get away from the Free Software hippies (i say that endaringly as one of them) who want freedom from copyright, the way religious people want purity, copyright is largely about risk management. > Twitch isn't any different than the screenshot case... There's lots of differences (in both directions). Lots of twitch has explicit permission to use the video games, most of twitch isn't streaming abandonware, the argument for fair use is probably present for both but much easier to make for wikipedia, etc. In terms of wikipedia, the concern is ideological purity, not that some defunct video game heir is going to come out of nowhere and sue us. > it took art to load the DOSBox programs... It took skill, not art. The screenshots themselves don't contain originality by the author of the post, so he doesn't get copyright of it in usa (european countries are often different). See https://en.wikipedia.org/wiki/Bridgeman_Art_Library_v._Corel_Corp https://en.wikipedia.org/wiki/Bridgeman_Art_Library_v._Corel.... I'm not sure how that relates to your point though. Even if the screenshots contained originality from the author, like how twitch streams do, it doesn't remove the copyright from the original video game designer, it would just mean both have a copyright and you would need permission from both to do stuff with the created work. Disclaimer: IANAL

hashtagmarkup 6y ago
> copyright is largely about risk management. Title 17 wasn't written as an MBA business plan template... it was written as law. https://www.copyright.gov/title17/ https://www.copyright.gov/title17/
- bawolff 6y ago
  So? The legal system isn't boolean.
  - hashtagmarkup 6y ago
    Being in or out of jail is boolean.
    - bawolff 6y ago
      What's your point? All events either do or do not happen. Are you suggesting that risk management only applies to events that are not boolean?
      - hashtagmarkup 6y ago
        I am suggesting that you keep bringing up risk management out of nowhere while I try to teach you how laws work.
- bdowling 6y ago
  > Title 17 wasn't written as an MBA business plan template... Copyright exists to support and encourage certain businesses that would not be viable without it. Specifically, copyright supports some businesses where the cost to create the first item (e.g., book, music, video game) is very high, but the cost required to replicate the item is very low. Copyright law gives options to rights holders that they can consider using to enforce their rights. In cases where infringers are clearly interfering with their business (e.g., selling or giving away copies of their work), then the rights holder may choose to sue for infringement. In the case of streamers on Twitch where the infringement may lead to increased interest in their product, they may choose to do nothing.