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Why aren't TIHYDP covered under Fair Use?


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2 hours ago, PoopMagnet said:

Opposing side: DSP's videos couldn't be made WITHOUT the game content created by the developers of said game.  He doesn't own the rights to the game, he just has a licensed agreement to play/use the content they created, this is where EULAs come into play.

I remember Phil saying once that this comparison is like saying something along the lines of "you can't create a piece of art without a brush and paint, so do the producers of the brush and paint can claim your picture too?"

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Fuck this discussion about it being fair use or not. It is totally irrelevant. No one have yet to prove that it is or isn't.  It falls under the category of Tolerated use. Which is in essence exactl

"There is nothing we can do that could make us worse then him." Is that their sole moral foundation? "Well, I didn't stoop lower than my delusional perception of DSP, so I'm a-OK!" Yikes. Th

Why did they not send in the beginning? I doubt Vaultboy, Mark Heinz and Davidson contacted Phil

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1 hour ago, onorub said:

I remember Phil saying once that this comparison is like saying something along the lines of "you can't create a piece of art without a brush and paint, so do the producers of the brush and paint can claim your picture too?"

But that's a faulty logic and comparison though.  A game is coded, the assets are designed, implemented, and operate as the developers, programmers, designers, etc intend. Playing a game isn't making art so much as it is experiencing art.  If I sat over a movie and screamed ass, fart, and dick jokes for two hours, did I just make a piece of art?  My "commentary" would hold no merit without the context of the movie AND would never have existed without the movie.

 

The same goes with games, sure you made things happen in the game, but those events couldn't have happened without the game.  A more apt comparison for lets plays is less of an art that uses a brush, paint, and canvas, but more of a paint by numbers and you just decide what colours to paint in the blocks.  You chose different colours than everybody, but at the end of the day it's still the same butterfly that everyone else is doing that bought that same paint by numbers.  You're still within the constructs of the reality, art, or environment that the creators of the game created and no facet or element is truly unique to your own playthrough.

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12 hours ago, PoopMagnet said:

What you report them over?  Pretty sure the discussion of what pertains to "Fair Use" is rather pertinent if you're talking about reporting videos.

 

Here's a good example of EULA for games pertaining to SquareEnix:

(TL;DR: You own the right to USE the games, but we don't, in fact, OWN the game)

OWNERSHIP

You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation) are owned by Square Enix or its licensors.

LICENSE CONDITIONS AND RESTRICTIONS

...

(e) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of this Game Software or any copies without the express prior written consent of Square Enix. Notwithstanding the foregoing, you may permanently transfer all of your rights and obligations under the License to another person for non-commercial use by physically transferring the original Game Software media (e.g., the CD-ROM or DVD you purchased), all original packaging and all manuals or other documentation distributed with the Game Software; provided, however, that you permanently delete all copies and installations of the Game Software in your possession or control, and that the recipient agrees to the terms of this Agreement. You shall be solely responsible for any taxes, fees, duties, withholdings, charges and assessments that may be due in connection with such transfer.

 

It doesn't matter what it says in the EULA. A game's EULA doesn't supersede the fair use in copyright laws. Copyright laws in regards to video games and let's plays are a huge gray area, and everyone who says that it 100% is or isn't covered has no idea what they're talking about.

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15 minutes ago, YEE said:

It doesn't matter what it says in the EULA. A game's EULA doesn't supersede the fair use in copyright laws. Copyright laws in regards to video games and let's plays are a huge gray area, and everyone who says that it 100% is or isn't covered has no idea what they're talking about.

You're right. That is a valid point that I overlooked.

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7 hours ago, LordEthereal said:

There is a reason why Nintendo claims Copyright over any videos that involve their content. Japan has no fair use laws regarding any product placed. This would even include people who stream it in another country where it does have Fair Use laws. The Japanese side of the company would believe that they are in the right of their product in THEIR country rather than the United States which does have Fair Use laws that prevent claims to be filed on everyone's channel.

Full LPs in general violate fair use law simply for the amount of copyright content being displayed. It will never go to court, but if Phil wanted to have them all taken down he could easily win since TIHYDP videos use hours of his own content. People will watch them instead of the original work.


Sorry but other companies like Rockstar can easily take your videos down if they want, doesn't have to be a japanese company.

56 minutes ago, YEE said:

It doesn't matter what it says in the EULA. A game's EULA doesn't supersede the fair use in copyright laws. Copyright laws in regards to video games and let's plays are a huge gray area, and everyone who says that it 100% is or isn't covered has no idea what they're talking about.

Sorry, but you should check our original topic on the matter and read up on Fair use law.

Edited by KGhaleon
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On ‎28‎/‎07‎/‎2017 at 4:11 AM, KGhaleon said:

Full LPs in general violate fair use law simply for the amount of copyright content being displayed. It will never go to court, but if Phil wanted to have them all taken down he could easily win since TIHYDP videos use hours of his own content. People will watch them instead of the original work.

People already watch TIHYDP, instead of DSP's work, which leeches off from potential viewers.

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On 7/31/2017 at 1:24 AM, LastRambo341 said:

People already watch TIHYDP, instead of DSP's work, which leeches off from potential viewers.

But the question is are the majority of those viewers, viewers that are interested in Phil's videos anyway? 

Its possible many are only interested in the editing the TIHYDP brings as well as being a one video condensed version of his Let's Play. 

I know I am guilty of watching TIHYDP because they often edit in the funniest moments of the playthrough into one condensed video a long with the comments of the playthrough throughout. 

So I am not sure how many viewers would actually want to watch Phil if they weren't exposed to his content directly. 

This reminds me of the argument of piracy on whether people illegally downloading the game are the same people who would have bought the game.. When its possible they are only getting it because they can and wouldn't spend money on it to begin with. 

So "potential" is the key word here.. And its very difficult to gage that for an argument. And even if true.. Difficult to determine how much of an impact its making if at all. It could very well be so minor it doesn't matter.

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On ١‏/٨‏/٢٠١٧ at 8:09 PM, RichterTryhard said:

But the question is are the majority of those viewers, viewers that are interested in Phil's videos anyway? 

Its possible many are only interested in the editing the TIHYDP brings as well as being a one video condensed version of his Let's Play. 

I know I am guilty of watching TIHYDP because they often edit in the funniest moments of the playthrough into one condensed video a long with the comments of the playthrough throughout. 

So I am not sure how many viewers would actually want to watch Phil if they weren't exposed to his content directly. 

This reminds me of the argument of piracy on whether people illegally downloading the game are the same people who would have bought the game.. When its possible they are only getting it because they can and wouldn't spend money on it to begin with. 

So "potential" is the key word here.. And its very difficult to gage that for an argument. And even if true.. Difficult to determine how much of an impact its making if at all. It could very well be so minor it doesn't matter.

Well if TIHYDP never existed, then those viewers (who are mostly anti-Dsp) will force themselves to watch the playthrough making more revenue  for Phil. 

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1 hour ago, LastRambo341 said:

Well if TIHYDP never existed, then those viewers (who are mostly anti-Dsp) will force themselves to watch the playthrough making more revenue  for Phil. 

If TIHYDPs never existed I'm pretty sure those viewers would watch other things not DSP especially if they are Anti DSP. What benefits are there to watching a full playthrough from Phil's that's over 100 unedited 10 minutes parts most of the time when you can watch a TIHYDP which gives you a whole play through with editing, comments and makes DSP's commentary bearable. 

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55 minutes ago, TheBlackSword said:

If TIHYDPs never existed I'm pretty sure those viewers would watch other things not DSP especially if they are Anti DSP. What benefits are there to watching a full playthrough from Phil's that's over 100 unedited 10 minutes parts most of the time when you can watch a TIHYDP which gives you a whole play through with editing, comments and makes DSP's commentary bearable. 

"gives you a whole playthrough"

LOL

TIHYDPs take most things out of context, exaggerate others, cut the good parts and ignore the flow of the game.

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8 minutes ago, kill-chan said:

"gives you a whole playthrough"

LOL

TIHYDPs take most things out of context, exaggerate others, cut the good parts and ignore the flow of the game.

By out of context you mean things Phil's says on video that can't really be taken out of context such as "Fuck Kojima", "Fuck Altus", "IT'S THE CAMERA'S FAULT", "THE GAME IS BUGGED DOOOD" . "The good parts" like the ones with dead air, where he leaves the camera on while setting up his stream, downloading the game of the TIHYDP or the raw unedited parts where he does a ton of backtracking without editing it out or adding time stamps, the shit sex jokes and lore memory he has or the parts where he shits on others for picking the game he's playing despite them paying to see it. It's almost like a TIHYDP is a fail compilation because Phil doesn't have that many moments where he succeeds at something. I wouldn't say they ignore the flow of the game rather they edit out most of Phil's boring parts and actually make some that's pretty funny to watch, especially with the Tekken 7 TIHYDP where the editing quality is really impressive compared to the average TIHYDP.

Edited by TheBlackSword
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If I was to take every single negative thing you've done in your life , make a montage out of it and show it to the world, people will think you're a terrible person, a good for nothing and a piece of shit. but if they were to see the whole thing instead of the montage, they'd say "ok, well he did this and that. let's move on". they won't think you're perfect, some will hate you regardless, but the overall opinion will be nothing like the one you get if you only stick to TIHYDP.

do you want to see somebody play perfectly? type walkthrough instead of dspgaming.

do you want to see gameplay done by a youtuber who gets excited and goes all "oh that was so sick!" over literally everything that happens on screen? youtube is full of those.

now, I'm not sayin all of his playthroughs are good, he never forced his commentary and all of this complaints were for jokes and stuff like that. he sucks at certain kinds of games, misses details, easly forgets new abilities, expects the game to tell him what to do and when, etc. we know that...but you seem so much focused on the negative side of things to they point I doubt you ever watched one of his playthroughs.

 

oh and please stop white knighting Kojima. I mean,

Spoiler

 

 

Edited by kill-chan
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12 minutes ago, TheBlackSword said:

 

You know the whole point of TIHYDP is to be a montage of Phil failing and you're forgetting that TIHYDP makers have to watch whole playthroughs of Phil's complaints, lack of commentary and blaming others for his problems, If DSP was a 'character' then he would be a terrible character but Phil is a terrible person though TIHYDPs aren't the only things that prove this, His prestreams, the way he treats fans that don't give him money, his stream chat bans, this very forum, the mods that left this forum two years ago, The FGC and his two former best friends have told people and proved that Phil is a terrible person. Most of things that get used against Phil are things he says himself.

I've watched Phil's prestreams and even gone as far as watching a few whole streams of Phil so I haven't just stuck to TIHYDP and my opinion is still the same, That's its boring to watch Phil's streams in general and TIHYDPs are better to watch if you want to see Phil's content since they edit out most of the boring parts and when a boring part is in there it's used to prove a point.

Do I want to see someone play perfectly no? I've watched people play horribly before but it's much more fun than watching Phil because they usually laugh off how bad they are, admit their bad and you know actually enjoying playing games something Phil doesn't.

Phil sucks almost any game that isn't a walking simulator because he rarely reads anything, He doesn't pay attention to what tutorials say nor does bother to try understanding how game mechanics work then blames the problems he encounters on game developers and the game rather than himself and his lack of ability to self reflect and improve.

Mind telling me where I white knighted Kojima. 

You do know he pays more attention to detractors and trolls.

Welcome to the forums. I'm guessing when you make posts on the forums.

1. You're just trying to give constructive criticism

2. Point out how terrible of a person DSP is

3. Want him to improve his content

4. You want to expose him

5. Don't really care about all this DSP stuff and just want to share your opinon.

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7 minutes ago, GuessWhat said:

Welcome to the forums. I'm guessing when you make posts on the forums.

1. You're just trying to give constructive criticism

2. Point out how terrible of a person DSP is

3. Want him to improve his content

4. You want to expose him

5. Don't really care about all this DSP stuff and just want to share your opinon.

1. Maybe

2. That's not that hard to do given the amount of information that you can find on DSP from Youtube, Google, Kiwifarms, various detractors and videos made by his former best friends and FGC community members.

3. I don't watch DSP content since I'm not going to sub to someone is spams 20-30 uploads a day, but it would be interesting to see him improve his content but I doubt he will.

4. Same as 2.

Edited by TheBlackSword
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4 hours ago, LastRambo341 said:

Well if TIHYDP never existed, then those viewers (who are mostly anti-Dsp) will force themselves to watch the playthrough making more revenue  for Phil. 

Maybe it's because people might want the condensed 10 mins highlights instead of 10 hours. These TIHYDP are offering something that DSP isn't, sure it shitty but it is what it is.

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Why would another human being watch something to see another person failing. What's fucking wrong with people?

I had a think about it and guess it's because you fail so much you feel better someone else is in the same shitty situation, LOL.

Edited by ThatDogGuy
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4 minutes ago, ThatDogGuy said:

Why would another human being watch something to see another person failing. What's fucking wrong with people?

I had a think about it and guess it's because you fail so much you feel better someone else is in the same shitty situation, LOL.

Not at all most people who tend to laugh at Phil are in better positions than he is, Phil's like a car crash you can't avert your eyes from. With the amount of chances he's had he could have been successful but his refusal to improve, listen to others advice and learn from what others are doing is ultimately what caused him to create his own situation

Edited by TheBlackSword
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12 hours ago, TheBlackSword said:

Not at all most people who tend to laugh at Phil are in better positions than he is, Phil's like a car crash you can't avert your eyes from. With the amount of chances he's had he could have been successful but his refusal to improve, listen to others advice and learn from what others are doing is ultimately what caused him to create his own situation

So... You are a detractor? Justifying these silly videos? 

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