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Cut and paste from the tiny little transcript window because I don't wanna watch this guy talk for eight minutes and maybe you don't want to either: ---- so N
by egypturnash 4y ago
Cut and paste from the tiny little transcript window because I don't wanna watch this guy talk for eight minutes and maybe you don't want to either:
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so Nintendo has decided to take down the
my and other content creators videos I
ask that you watch this whole video so
you understand the entire situation
because it affects you and the content
creators that you may Support also this
is a prepared statement reviewed by my
lawyer so if it seems like I'm reading
from a script uh it's because I am my
main hope is that if somebody at
Nintendo watches this they will listen
to what I have to say and consider
reversing the decision to claim these
videos
so uh hi
I'm Eric or Point Crow I make videos
playing games sometimes in strange ways
but for today it's important for you to
know that on occasion I modify the games
I play and explore what happens when the
game mechanics are a little different
most recently I modified The Legend of
Zelda breath of the wild to become a
multiplayer game to be clear I have
never encouraged piracy of Nintendo's
games the mods that I've commissioned
are not being sold and all of the code
is custom meaning that they are free of
Nintendo assets
on April 6th one week ago Nintendo
decided to block all four videos that I
put up on YouTube playing the
multiplayer mod
I appealed their decision as I'm very
much in line with their content
guideline policies we'll go over that in
a moment and these videos are fair use
Nintendo then escalated and issued a
copyright strike against my YouTube
channel not once
but twice
rather than bundle the videos all into
one copyright strike Nintendo issued a
copyright strike for one video and then
bundled the other three into another
strike deliberately putting my channel
in danger but not taking it down
completely I was able to get an email
address for Nintendo and sent a message
asking that we discuss what's going on
and try to reach an amicable resolution
that would make both parties happy I
heard nothing back so far here's that
email if you would like to read it
so the next day Nintendo claimed 24 more
of my videos from my channels
most of them are modded content a lot of
them are breath of the Wild
but not all of them are this is key they
also claimed videos containing footage
from Super Mario Odyssey the Pokemon
series and Wii Sports Resort from my
channel the most surprising one though
was a claim from one of my first videos
back in 2019 marrying seiden and a
bookshelf to create hyrule's first car
it's just a regular vanilla gameplay
video of breath of the wild these
takedowns aren't exclusive to my channel
either over the course of the next
couple days Nintendo was taking down
videos from other channels as well
Croton another very prominent YouTuber
has had at least 10 live streams and two
videos removed
importantly one of those videos is
simply a challenge video detailing how
the game would be played if the player
decided to explore Zelda with certain
restrictions the player has imposed on
themselves these takedowns may have
started with modded content but they
have spiraled into something else
entirely so now you know what's
happening uh at this time my channel has
had 29 videos taken down two copyright
strikes and Nintendo does not seem to be
stopping the removal of videos from
other creators on YouTube
so let me really Levy the importance of
this on you the viewer Nintendo is
sending takedowns and Strikes against
the creators showing content of their
games it's not just modded content
they've shown that they're striking down
regular gameplay videos as well it's
sporadic and their enforcement of their
copyright is incredibly uneven the thing
is without even considering fair use all
of these videos are very clearly in line
with Nintendo's own game content
guidelines for online video and image
sharing platforms which I will include
in the description below I will also
read it for you here
from their FAQ what types of content are
acceptable under the guidelines what
types of content are not acceptable we
encourage you to use Nintendo game
content in videos and images that
feature your creative input and
commentary for example let's play videos
and video game reviews are within the
scope of the guidelines however you may
not simply upload a live stream of an
existing Nintendo video gameplay footage
without your own creative inputs or a
copy of content created by someone else
for example mirror copies of Nintendo
promotional trailers tournaments music
soundtracks gameplay sequences and art
collections are outside the scope of the
guidelines you might argue that modded
content is in violation of these
guidelines
but historically that's not the case the
terms of service for the Legend of Zelda
says you cannot modify the game
but it also says that you cannot stream
it you cannot make videos of it and you
cannot otherwise broadcast it
a Nintendo's game content guidelines
changes this though by providing a
license on top of the existing terms of
service which modifies the terms of
service for Content creators all of the
videos that they have taken down are in
compliance with their own policies I use
Nintendo game content in my videos and
they are all featuring my creative input
and commentary throughout the duration
of the medium now this is a little scary
because the president that they set uh
with this case may apply heavily for
their upcoming release of The Legend of
Zelda tears of the Kingdom as per their
decisions to take down gameplay and
Challenge videos alongside the modified
content it'll be difficult for any
content creator to post Creative
Concepts without having the fear of
Nintendo exercising their copyright over
video that is in line with their own
policies
in fact what they've demonstrated here
is that they will ignore their own
policies and licenses to selectively
enforce their intellectual property so
if you've uploaded any video that
features any Nintendo content no matter
how transformative or directly in line
with their published guidelines you are
at risk giving these decisions I'm
hesitant to post videos of myself
playing tears of the Kingdom even with
my creative input and commentary for
fear that they will also be taken down
I hope that is not the case so uh what
am I going to do
nothing
um I can't do much of anything about
this other than plead with Nintendo and
move away from this kind of content
my other option is to appeal the dmca
notices and risk a multi-million dollar
lawsuit
so even if I'm in the right here that
risks my channel my livelihood and the
livelihoods of my team I don't want to
go through that and I'm left questioning
the future of the content that I'm
allowed to make
so I'm releasing this video informing
you all of what's going on in this
community and using this as an open
letter to Nintendo so here's my explicit
message
to Nintendo
I love the games that you make the
stories you tell the ideas that you
explore from giving me the closest
moments that I've had with my friends to
my Mom calling every electronic device I
own a Nintendo
you mentioned in your content guidelines
that you are humbled every day but the
loyalty and passion for Nintendo's Games
characters and world and respect that we
want to be able to express ourselves
creatively by sharing our own videos and
images using content from your game
if you truly respect us and are humbled
by this community
don't take this creativity away from us
these channels you've targeted these
videos you're claiming are from some of
the people that are most passionate
about your games you're stifling that
imagination and punishing those who want
to share it with others when they do it
in the way that you have outlined for us
creators
please remove these strikes and claims
or at least start a dialogue with us so
we can figure this out and all move
forward with the excitement I'm sure you
would love to see about your future
games
you have my contact information already
from the dmca and the email that I've
sent uh I'll be waiting eagerly for your
response so
thanks
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(This is YouTube's auto-generated transcript, no editing or formatting applied.)