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Thursday, June 19, 2014

Phil is probably right

Currently there is a rather dumb debate about what Phil Fish said about YouTubers and others streaming, recording games in their entirety, and how some a large amount of royalties made from these recordings should be given to the developers.

First in this conversation I know that not everyone will not buy a particular game because they saw it in it's entirety on Youtube etc, They might say "Wow that looks awesome I gotta have it!"  At the same time the other side of that is true as well, If a streamer unfolds the entire story to you, some people will be just satisfied knowing what happens in a series, and they will not buy the game, or they decide the game is horrible and not buy the game.

No matter how you look at it whether you say it is free PR, or your user experience playing the game cannot be copyrighted, trying to warn gamers of a bad game, or whatever stupid reason you may have defending streaming games in their entirety, its crap, the announcements that this game is awesome and is a must have, can be done with a regular review, with gameplay segments, screenshots, etc, and guess what it is Federally protected under Fair Use!

And guess what, dumb asses that say, "Well My stream, had commentary! Its protected by Fair Use." No no its not idiot,

Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, search engines, criticism, parody, news reporting, research, teaching, library archiving and scholarship. It provides for the legal, unlicensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test.

The key word being Limited here, There are Four test that this argument must pass.  Purpose and character, Nature of the Copied Work, Amount and substantiality, and Effect upon works Value.

Please Gamers stop being idiots, understand laws and how they work, you wouldn't want someone scabbing your work don't do it to developers.

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