Gaming Mario Kart 8 DMCA thread

Elliander

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As requested, this thread is specifically for discussing and dealing with copyright claims made by Nintendo specifically for cases arising out of legal use of Mario Kart 8. If you have a similar experience feel free to post about it, but keep in mind that this isn't for normal gameplay videos. This is just for videos created with the MKTV feature and uploaded to youtube by the Wii U console itself.

The basic argument that I am making is this: I paid Nintendo for a license to use Mario Kart 8. Nintendo provided me with the means of creating 15, 30, and 45 second videos and then to upload these videos to youtube. Even if Nintendo initially only wants to put advertising in it's videos, making a claim of copyright infringement is in and of itself very serious and once Nintendo sends an official DMCA take down notice it is taking the official legal stance that it never provided me with permission to upload the content to begin with which isn't true.

Copyright strikes are also damaging in and of themselves. For example, while a single copyright strike is in place, I am not eligible to dispute any copyright claim unless I have the video restored by a counter notification or wait 6 months. Since Nintendo is willing to go far enough to create a copyright strike, but not far enough to take me to federal court, it's damaging in another way since it would take more than a year to dispute each and every video. While I could of course NOT dispute it at all and get no copyright strikes, I take issue with the practice of being accused of copyright infringement when in truth I am a paying customer.

_______

Here is the 30 second video that I disputed first:



And here is proof of the issue:

10974519_10152897259865668_6086464988592753942_o.jpg

photo.php


Here is the proof of the email sent by YouTube of Nintendo's decision.

10408158_10152897594640668_4123362834291698265_n.jpg


Nintendo responded with a DMCA take down notice as you can see here:

11014992_10152933526830668_5584559361167548920_o.jpg


If I do not submit a counter notification the copyright strike will remain on my account for 6 months, which would directly damage my income since I occasionally have false copyright claims made on gardening videos. Here's proof that I submitted the counter notification:


11037324_10152933531445668_3440795830538081056_n.jpg


I also contact Nintendo over the phone and by email who both insist that they do not send DMCA take down notices, trying to blame it on Youtube Content ID. I am writing to show that this is NOT true. Nintendo is intentionally abusing the DMCA take down procedure, and it knows that if they take me to court they will face severe liabilities for doing so.

Yesterday I received this email from youtube basically telling me that the video was restored and all penalties have been removed, but it was in Japanese which is interesting.

counter_notification_success_1.jpg


Nintendo has no intention of bringing it's customers to federal court, but has no problem with attacking it's customers with DMCA take down notices. I fully intend to dispute each and every video one at a time and we'll see how Nintendo responds to subsequent claims, but as a whole I expect they will respond the same. This represents an ongoing challenge for people, but by doing this Nintendo has opened itself up to a class action lawsuit since mandatory arbitration does not apply to copyright claims.

Anyone else dealing with the same please post with proof. Hopefully gaming news sites will eventually pick it up and Nintendo will eventually change it's position of attacking it's customers.
 

Elliander

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Here's my next case. I am only doing one at a time, even though I can appeal up to 3, because each strike removes more features and the 3rd strike will result in the deletion of all my videos:



Here's what the page looks like initially. As you can see, Nintendo is doing this for advertising revenue, except that the terms of service did not say that use of it's product constitutes copyright infringement or that it would embed adverts in such videos:

monetized_example_1.jpg


Here's the dispute process:

copyright_2.jpg


Here's what I typed in on the Appeal page (address information cut out)

copyright_3.jpg

copyright_3b.png


And here's what the final page looks like:

copyright_4.jpg


The next step is that Nintendo will probably file a DMCA take down notice in 4 weeks. The video will be taken down and I will get a copyright strike. Then I will file a counter notification and 2 weeks later it will be restored. As a whole it takes a month and a half to go through it, but as long as you are willing to deal with the limited features temporarily there is no reason not to do it.

I will edit this post rather than create a new post when this case is updated and will then create a new post when I start the following case.

EDIT April 16, 2015:

As expected, Nintendo "decided that their claim was still valid" so I filed the counter notification. Attached is proof of this along with, of course, proof that I was hit with a copyright strike for using Nintendo's product the way THEY intended it to be used.

"∗Why are you filing this counter-notification? (this will be forwarded to the claimant)

"I paid Nintendo for a license to use Mario Kart 8 and all of the included features which include the ability to upload to youtube. Attacking your customers for using what they paid for isn't just wrong, it's criminal misuse of DMCA procedures.""

001.jpg


I wish Nintendo would have to fill out a form like this each and every time they decide to abuse DMCA. A list of questions to make sure they understand what actually constitutes infringement.

002.jpg


As you can see here, a copyright strike.

003.jpg


004.jpg


005.jpg

EDIT: May 1st 2015

As expected, Nintendo dropped the case. It's safe to assume that although Nintendo has no problem with attacking it's customers and sending copyright strikes for using a product as intended, they aren't willing to take the customers to court over it. Well, I'll just keep building my case against them.

いつも YouTube をご利用いただきありがとうございます。
デジタル ミレニアム著作権法に従って、以下の動画に関する異議申し立て通知の処理を完了しました。

このコンテンツは、あなたが動画を削除した場合を除き、復元されています。あなたのアカウントに罰則は適用されません。
よろしくお願いいたします。
YouTube 法務サポートチーム


Translates to:

Always Thank you for using YouTube.
In accordance with the Digital Millennium Copyright Act, we have completed the processing of the appeal notice relates to the following video.

This content, except when you have to delete the video, has been restored. Penalties on your account does not apply.
Thank you.
YouTube Legal Support Team
 

the_randomizer

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I find it ironic and very asinine, that Nintendo would implement the capability of using in-game software to capture highlights of their own IP, and then sabotage it with YouTube's copyright stupidity. Oh they backlash will be huge. This issue right here, makes their so-called partnership program even more of a laughingstock than it was before. Oh Nintendo, when will you ever learn?
 

Elliander

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I find it ironic and very asinine, that Nintendo would implement the capability of using in-game software to capture highlights of their own IP, and then sabotage it with YouTube's copyright stupidity. Oh they backlash will be huge. This issue right here, makes their so-called partnership program even more of a laughingstock than it was before. Oh Nintendo, when will you ever learn?

Ya, and I have a big problem with the "partnership program" in general. Nintendo hopes that by pushing enough it will get people to agree to share advertising revenue with Nintendo, but only if you allow Nintendo to monetize and gain profits from all of the videos you upload - even the ones that have nothing to do with Nintendo. I don't have the legal capacity to agree to such a thing because I manage comedy videos for a company and uploaded them to youtube long before youtube was bought out by google. I also upload AMV's which are fair use, and fair use videos cannot be monetized and still be fair use. Since I cannot legally monetize either type of video I cannot enter into a partnership program with Nintendo, and even if I did the videos that I do monetize are my own work anyway while the page views for Nintendo videos are so small that any potential gain would be offset by giving Nintendo all of my ad revenue. My solution is to just not monetize videos with Nintendo content at all.

Of course, if Nintendo was smart (and they clearly are not) they would realize that gameplay videos encourage people to actually buy the product. The advertising revenue is small in comparison to potential sales. I myself buy most of my games based on videos. Then there is the fact that people who already own the consoles are more likely to be repeat customers, but those customers who are attacked for being customers are less likely to buy in the future. As a whole, the entire situation can only cost Nintendo money.

Nintendo tried to shield itself from class action lawsuits by putting in a mandatory arbitration agreement, but they were at least smart enough to realize that they can't file copyright claims if mandatory arbitration applies and so that's why I am threatening them with a class action lawsuit over this issue. My hope is that the threat alone will cause them to rethink their position since I really do love Nintendo products and want to see Nintendo succeed. I don't want the console to fail. I sincerely hope they back step on the issue, but if they don't stop I do have the resources required to take them to court. Whenever I am between classes that is.
 

Elliander

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Filetrip died some years ago, so I don't know if that relates.

I'd like an official response as to where attached files went, as I need to know if it's even safe to use built in image upload for this thread.

Also, don't necrobump.

This if the official thread for a specific issue and this response relates to that issue. People who prefer double posting over necro posting annoy me.
 
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FancyNintendoGamer567

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What the fuck? Is Nintendo taking down the short 15-45 second videos uploaded from MK8U?! I don't even fucking understand?! You allowed us to upload videos of your game officially and yet you take them down?!
 
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Stealphie

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What the fuck? Is Nintendo taking down the short 15-45 second videos uploaded from MK8U?! I don't even fucking understand?! You allowed us to upload videos of your game officially and yet you take them down?!
NO
This WAS from the ORIGINAL Mario Kart 8 for WiiU.
Nintendo has stopped copyrighting gameplay.
 
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Elliander

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I have some news to report on this issue: I only filed a counter notification for 3 out of 9 videos that Nintendo claimed and never went through the process for the remaining 6 due to the restrictions placed on my account each time. I noticed recently that the claims placed on the remaining 6 were inexplicably lifted, although I never got any emails from Youtube informing me. I initially thought that maybe the action was taken by YouTube, but the videos still have comments so haven't been marked as "For Kids" meaning that Nintendo likely took action on it's end. I just don't know exactly when. Hopefully though it suggests that Nintendo backed off on this policy.

I am curious as to if anyone else who used MK TV still has any copyright claims on their videos or not.

In the meantime, I was going to go in and use MK TV, make a gameplay video upload, and see what happens. I'm just not sure how best to post proof of anything now with images missing.
 

DinohScene

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Filetrip died some years ago, so I don't know if that relates.
Also, don't necrobump.

He's the OP, it might be a 5 year old thread that got bumped but OP asked a question in relation to the thread.
I wouldn't say it's necrobumping.

I'd like an official response as to where attached files went, as I need to know if it's even safe to use built in image upload for this thread.

Where did you upload the pictures to originally? Filetrip?
If yes then they're gone, Filetrip got removed a while ago and some of its content has been part of our download center as of today.

I can't predict the future but uploading pics directly to GBAtemp would be the safest option.
Imgur would be second I guess.


This is getting locked, i'm sure.

If you people keep on shitposting before I can get a reply out then yes.
Don't.
 

Elliander

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I'm sorry, but what is wrong with the original poster bumping his thread, I would too if the images I posted are gone and want to ask why?

Exactly. Even though it now looks like Nintendo has backed away from it's policy, old images showing proof of what Nintendo has actually done to it's customers are still a big deal, especially for a community of archivists.

This is getting locked, i'm sure.

Hey, there's no reason to be rude. Again, it's very annoying when people scream "No Necro!" and "lock the thread!" just because the OP is trying to update a thread with new information and then notices that all old records have vanished. A real necro bump would be if a random person unrelated to the original thread chimes in years later with a similar issue that may or may not relate to what the OP has brought up.
 

E1ite007

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Hey, there's no reason to be rude. Again, it's very annoying when people scream "No Necro!" and "lock the thread!" just because the OP is trying to update a thread with new information and then notices that all old records have vanished. A real necro bump would be if a random person unrelated to the original thread chimes in years later with a similar issue that may or may not relate to what the OP has brought up.
Well, yeah... I made a mistake actually. The thing is that I've never seen before a thing like this: OP updating a thread when it didn't have activity since... forever.
:wacko:
 

duwen

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It's surprising that this issue wasn't more widespread - I can only deduce that Nintendo's asshattery only kicked in on 'popular' channels with ads enabled and/or when a certain viewcount was reached.
I used to upload all my race 'hi-lights' and never got a whiff of interest from Nintendo... but even the most viewed of mine wouldn't have generated any revenue. I think my most viewed MK8 YT vid didn't even reach a couple hundred views.
 

Elliander

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He's the OP, it might be a 5 year old thread that got bumped but OP asked a question in relation to the thread.
I wouldn't say it's necrobumping.

Thank you for standing up for me!

Where did you upload the pictures to originally? Filetrip?
If yes then they're gone, Filetrip got removed a while ago and some of its content has been part of our download center as of today.

I can't predict the future but uploading pics directly to GBAtemp would be the safest option.

When I replied I thought they were all uploaded directly to GBAtemp, but it looks like I was wrong. I used more than one image hosting option. Looks like most were on postimg.org , which does not appear to be up, but at least one was uploaded to Facebook and the image is still there, it just doesn't show up here, so that's still a problem to figure out.

What I may end up doing is looking through my old files to find these and edit the original posts pointing to my own server, and from there when I do some tests to see what if anything happens when I try using MK8 again on the Wii U I can upload that way whatever I find.
 

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