Gaming Mario Kart 8 Discussion Thread

[shinkodachi]

The reward for the 10k coins is as everyone knows the Gold Glider but meh, it doesn't look as fancy as the Gold Kart and Gold Wheels.

All those parts suck, though. I was half expecting invincibility or special features with those parts. Nothing. I'd understand if they were banned from online at that point, but they're just ugly and heavy versions of the standard kart kit. Who would equip them anyway?

 

[Elliander]

For those who don't know, Nintendo has been sending copyright claims against people who upload their gameplay videos from within the Wii U console itself (even though that's using the software exactly as intended) and although in some places people are defending Nintendo over it saying it's Youtube doing it a representative at Nintendo manually reviewed the videos and agreed that it is copyright infringement so now they have to send me a DMCA take down notice which I will counter-claim and then they will have to sue me. Incidentally, the mandatory arbitration is void in cases where copyright claims are made so I can even sue them.

I love the game, but even when using games legitimately without any third party software it still gets me in trouble.

Here is the 30 second video that I am disputing first:



And here is proof of the issue:

EDIT: Figured you guys might also want the proof of the email sent by YouTube of Nintendo's decision.

 

[shinkodachi]

Really, anyone defending Nintendo's practices when it comes to YouTube will look like complete idiots now. You're using a legitimate feature provided in Nintendo's software on Nintendo's hardware without modifications and you're being bullied for that practice. Seriously, WTH?

 

[Elliander]

Really, anyone defending Nintendo's practices when it comes to YouTube will look like complete idiots now. You're using a legitimate feature provided in Nintendo's software on Nintendo's hardware without modifications and you're being bullied for that practice. Seriously, WTH?

Ya. I will keep people updated on the issue. Just wanted to say a bit about it. I did spend about an hour on the phone with Nintendo this morning and I gave them all the links, legal information, etc. and made it clear that I would prefer a quick resolution rather than having to dispute the videos one at a time. I will get a copyright strike on my account and I won't be able to dispute the next until this one is gone and that can take a very long time. If it keeps going on I will probably file my own lawsuit eventually, but I really hope they sue me over the first one just to get it over with. I made it clear to them that I take copyright infringement notices very seriously and that on principle I will take it to court if I have to. I technically could just leave it as it is, but I'm not the type to bend to bullying. I won't back down so unless they back down a Judge will be deciding this issue.

I told them that I don't feel comfortable using official Nintendo services if I could be threatened with lawsuit for using those services and I asked them to imagine what it would feel like to walk into a Federal court room and explain to a Judge how a 30 second video uploaded by Nintendo on my behalf for the sole purpose of promoting their product damages Nintendo in any way, and then I asked them to imagine what the Public Relations issue would look like. It will be sent to their legal team who may or may get back to me, but no one can say they aren't aware of it.

The more people who complain about it the more likely they are to back down

 

[WiiCube_2013]

This is really silly on Nintendo's behalf but spending an hour on the phone with them? Jeesh.

 

[Elliander]

This is really silly on Nintendo's behalf but spending an hour on the phone with them? Jeesh.

I earn advertising revenue. Copyright claims against me hurt that revenue. Nothing silly about protecting a portion of my livelihood.

 

[Bladexdsl]

so 1st they include a feature to upload your videos to youtube from mariokart...and now they don't want the videos on youtube?!

 

[WiiCube_2013]

so 1st they include a feature to upload your videos to youtube from mariokart...and now they don't want the videos on youtube?!

The MK8 video capture to YouTube feature sucks donkey dick as it tends to more often than not to skip the interesting parts.

 

[shinkodachi]

The MK8 video capture to YouTube feature sucks donkey dick as it tends to more often than not to skip the interesting parts.

I'd still like Nintendo to support their donkey dick features instead of bullying users for using their software the way it was intended to be used. The higher ups at Nintendo probably still backup their data on 3.5" floppy disks and use 56K modems, seeing as they are oblivious to what people expect of a company in this day and age (or actually, the past decade).

 

[Elliander]

The MK8 video capture to YouTube feature sucks donkey dick as it tends to more often than not to skip the interesting parts.

Actually, there are some pretty interesting settings. You can adjust the length of the clip and tell the game what types of scenes you want to focus on and you can change this as much as you like before you upload so it is pretty good. I may hate what Nintendo is doing, but the Game is very well made. I even paid for all the DLC to go with it.

I'd still like Nintendo to support their donkey dick features instead of bullying users for using their software the way it was intended to be used. The higher ups at Nintendo probably still backup their data on 3.5" floppy disks and use 56K modems, seeing as they are oblivious to what people expect of a company in this day and age (or actually, the past decade).

Ya, and you know what's extra weird about this? They recently promoted the ability to embed these MK8 videos in Miiverse posts after they are uploaded to youtube. As in, it's still a feature they are promoting despite the stance that using the feature constitutes copyright infringement.

I'm not worried about my legal prospects though. When I bought Mario Kart 8 (multiple times actually, some for gifts) it was with the understanding that I would be able to record and upload videos. In other words, I specifically paid Nintendo for the right to create and upload videos of Nintendo content. That means that Nintendo sold me a license to it's content when it sold me the software to use it's content. Obviously that's not the same thing as ownership, but if I pay for a license to software a company doesn't have the license to retract that right while still promoting it as a feature. And actually, even if they changed things to get rid of it, that wouldn't retroactively apply to what I already paid to do.

That would be like a film company suing me for piracy after viewing it's movie on Netflix, despite licenses between the film company and Netflix and myself giving me the right to view that movie. It's just not legally possible for it to hold together in court under any stretch of the imagination which is why I will expose myself to lawsuit and dispute each and every video.

 

[Reecey]

Ya. I will keep people updated on the issue. Just wanted to say a bit about it. I did spend about an hour on the phone with Nintendo this morning and I gave them all the links, legal information, etc. and made it clear that I would prefer a quick resolution rather than having to dispute the videos one at a time. I will get a copyright strike on my account and I won't be able to dispute the next until this one is gone and that can take a very long time. If it keeps going on I will probably file my own lawsuit eventually, but I really hope they sue me over the first one just to get it over with. I made it clear to them that I take copyright infringement notices very seriously and that on principle I will take it to court if I have to. I technically could just leave it as it is, but I'm not the type to bend to bullying. I won't back down so unless they back down a Judge will be deciding this issue.

I told them that I don't feel comfortable using official Nintendo services if I could be threatened with lawsuit for using those services and I asked them to imagine what it would feel like to walk into a Federal court room and explain to a Judge how a 30 second video uploaded by Nintendo on my behalf for the sole purpose of promoting their product damages Nintendo in any way, and then I asked them to imagine what the Public Relations issue would look like. It will be sent to their legal team who may or may get back to me, but no one can say they aren't aware of it.

The more people who complain about it the more likely they are to back down

For a start bud I hope your not serious?, I suggest not taking Nintendo to court unless of course you have lots of money to defend your side in court, that would be just silly! Second Nintendo will have what we call, Terms & Conditions which is what you click on to accept to use the WiiU, now as far as Terms and Conditions goes there not worth the paper they are written on because they can be changed to suit whatever Nintendo feels like so if it is not in the T&C's then it will be when you go to court say for example what your intending on doing!. Now if it was a Transfer you had signed up to now that is different, a transfer you may have a chance because you can not alter a Transfer if the documentation has been signed by you but obviously Nintendo are not going to have Transfers, that would be very silly on there behalf. Forget it, you would be battling a lost cause from the get go, trust me m8 I know about this sort of thing. It would be very costly for you and you would not have a chance in hell of winning! in fact at the end Nintendo would crush you for there court costs. Surely you don't think a company like Nintendo are that stupid??? I suggest accept whats coming to you and be done with it

 

[Elliander]

For a start bud I hope your not serious?, I suggest not taking Nintendo to court unless of course you have lots of money to defend your side in court, that would be just silly! Second Nintendo will have what we call, Terms & Conditions which is what you click on to accept to use the WiiU, now as far as Terms and Conditions goes there not worth the paper they are written on because they can be changed to suit whatever Nintendo feels like so if it is not in the T&C's then it will be when you go to court say for example what your intending on doing!. Now if it was a Transfer you had signed up to now that is different, a transfer you may have a chance because you can not alter a Transfer if the documentation has been signed by you but obviously Nintendo are not going to have Transfers, that would be very silly on there behalf. Forget it, you would be battling a lost cause from the get go, trust me m8 I know about this sort of thing. It would be very costly for you and you would not have a chance in hell of winning! in fact at the end Nintendo would crush you for there court costs. Surely you don't think a company like Nintendo are that stupid???

Actually, I am serious, and as far as T&C goes there is one thing that ties their hands: DMCA.

In order to legally file a DMCA take down notice the company must be legally capable of filing a lawsuit which is why when they added mandatory arbitration they specifically left in an exception allowing lawsuit in cases of copyright infringement. The idea was that it would shield them from class action lawsuits while also allowing them to send DMCA take down notices. Now, the moment they send a DMCA take down notice (if they decide to take it that far) they are agreeing to be held according to Federal Court. Basically, they are the ones who are signing someone else's T&C. Once they do that there is no going back for them. Even if they change the terms completely they are locked - at least for that one case - into whatever they were when they initiated that action.

As far as court costs goes that's only for lawyer fees and filing. As long as I wait for them to make the first move the costs are entirely theirs. Aside from the time to be taken out of my day of course. If they instead play cat and mouse - sending take down notices and backing off like most companies - I know a good class action lawyer who specifically takes on cases like this. It wouldn't be my first time involved in class action lawsuits either.

Are they stupid? Well, let's just see what they do next.

 

[shinkodachi]

Can we all stop talking about what Elliander does with his time?

I'm not even going to make a comment on the process of taking this kind of matter to the courts and that's fine because I'm not involved and neither are you. I don't even know how the US court system works in practice, which is good since I don't want to waste my time learning the American Dream. And who cares that he spent an entire hour with Nintendo on the phone about this? I masturbated an entire hour to Shantae last month. All of us have their own personal business and if someone is inclined enough to declare war against Japan because of a feature in Mario Kart 8, that's good. At least such a person is pursuing whatever they feel is of importance in life. I don't want to stay in the way of that and neither should you. Let's focus on the discussion at hand, which is the fact that Nintendo is making its users bend over backwards for using their software on their hardware how their marketing stated their software works on their hardware with their YouTube integration feature. I can't stress that point enough. *Drops mic*

 

[WiiCube_2013]

Elly @ Good luck.

Back to the topic @ Does anyone know when Nintendo plans to release DLC 2? I suspect that I'll play 20hrs of the DLC (as it was the case with the 1st pack) and then forget the game exists again.

 

[shinkodachi]

I have a feeling we'll see the second DLC pack in April.

 

[the_randomizer]

so 1st they include a feature to upload your videos to youtube from mariokart...and now they don't want the videos on youtube?!

Seems legit. Why can't people just, I don't know, make a huge petition for Nintendo to stop acting like cyberbullying pricks? As far as I can tell, they're being sodding idiots about YT. Go Nintendo of America, screwing over users since, well, 2014...?

Elliander I hope either you or someone sues their asses over this, because allowing users to upload videos via the Wii U, then sending DCMA notices against them is not only hurtful for their PR, but also damning users for using the software as intended. Someone has to contact Nintendo about this en masse.


Anyways, there should be that DLC pack coming out soon, I think?

 

[WiiCube_2013]

I have a feeling we'll see the second DLC pack in April.

That would be a good guess considering in March we'll have DLC Party 10 released by then.

 

[TotalInsanity4]

Elly @ Good luck.

Back to the topic @ Does anyone know when Nintendo plans to release DLC 2? I suspect that I'll play 20hrs of the DLC (as it was the case with the 1st pack) and then forget the game exists again.

If I recall correctly, it's either next month or sometime in May

 

[Elliander]

That would be a good guess considering in March we'll have DLC Party 10 released by then.

The only thing that I'm not looking forward to about the DLC release is that it will no doubt, again, require a system update which will likely be pushed primarily as a way to close more exploits. I'm sure that hardware based backup loaders will eventually work regardless, but I am just worried about not being able to run future homebrew.

The First DLC was pretty fun though. I loved having Rupees instead of coins. Although the models didn't seem as good as I expected. I preordered on all of it so it is also nice to have all the Yoshi colors.

 

[Elliander]

Nintendo has decided to move to the next step: It has officially sent me a take-down notice under DMCA. This means that Nintendo can no longer claim that this is something Youtube is doing on it's own. In order to file a DMCA take down notice a company must be willing to be dealt with in Federal Court, so at this point the Mandatory Arbitrary agreement is null and void. I submitted a counter notification, so Nintendo would have to give notice of it's intent to bring me to Federal Court within 10 days. If they do there are very clear penalties for abusing DMCA. Even if they don't I know have the right to take them to court. In either case, Nintendo would have to show how the use of the software that I paid a license for constitutes copyright infringement.