I had a Super Mario World Speedrun on my yt channel. That got copyrighted so quick.
Hmmz, i wonder if they also start sending mails to Twitch users who use a capture card to display there playing on 3DS.
So No more Nintendo games on Twitch and YouTube (Wait till Pokemon GO is out, nobody can record anything anymore.)
Pitty, cause some userbased video's make me decide if i buy a game or not (Yes i hate official magazine review video's)!
For those not knowing and to lazy to look up:Does N not recall their old lawsuit against Game Genie?
After over a year of legal wrangling, the trial concluded in July 1991, with District Judge Fern M. Smith ruling in favor of Galoob, declaring that the Game Genie did not violate Nintendo's copyrights. In her ruling, Smith compared usage of the Game Genie to "skipping portions of a book" or fast-forwarding through a purchased movie; thus the altered game content did not constitute the creation of a derivative work as Nintendo had argued. Smith wrote that "Having paid Nintendo a fair return, the consumer may experiment with the product and create new variations of play, for personal enjoyment, without creating a derivative work."[2] Nintendo appealed the verdict to the Ninth Circuit Court of Appeals, but lost as the Ninth Circuit affirmed the lower court's decision.[1]
In December 1991, a hearing was held to determine how much of the $15 million bond would be awarded to Galoob to compensate for losses during the approximately one-year period they were prohibited from selling the Game Genie. The court found that because Galoob's losses actually exceeded $15 million, that Galoob was entitled to the entire amount, plus legal fees. Nintendo appealed this decision to the Ninth Circuit, but lost again.
Sadly, I think this will come down negatively on Youtube as well. Hopefully Twitch doesn't give in to this kind of thing from Nintendo. According to the email they sent it states:
Nintendo has the exclusive right to perform the games publicly.
I don't see how this is legal, since the public space is just that - Public, it's shared by everybody, and not one single person has control over it. That's like turning off someones boombox on the street and stating "Only I have the exclusive right to play my boombox here, yours has to be turned off." Sure the law enforcement could say "No Boomboxes", but legally in a public space (in America at least), I can play my boombox all I want and you can speak to my lawyer if you try to stop me.