It's fair to say that the Nintendo Creators Program was unanimously disliked. The program has forced content creators on YouTube to give up a portion of their ad revenue, something that discourages the creation of videos featuring Nintendo content. Criticisms of this include the fact that YouTube videos act as free advertisements, displaying just how out-of-touch Nintendo can be at times.

Today, Nintendo announced that the program is coming to a close. Starting at the end of December, content creators will be able to freely monetise their content, without giving up a share of the ad revenue. There are a few guidelines, but they are far less restrictive than what we have today.

• You may monetize your videos and channels using the monetization methods separately specified by Nintendo. Other forms of monetization of our intellectual property for commercial purposes are not permitted.
• We encourage you to create videos that include your creative input and commentary. Videos and images that contain mere copies of Nintendo Game Content without creative input or commentary are not permitted. You may, however, post gameplay videos and screenshots using Nintendo system features, such as the Capture Button on Nintendo Switch, without additional input or commentary.
• You are only permitted to use Nintendo Game Content that has been officially released, or from promotional materials officially released by Nintendo (such as product trailers or Nintendo Directs).
• If you want to use the intellectual property of a third party, you are responsible for obtaining any necessary third-party permissions.
• You are not permitted to imply or state that your videos are officially affiliated with or sponsored by Nintendo.
• We reserve the right to remove any content that we believe is unlawful, infringing, inappropriate, or not in line with these Guidelines.

Nintendo have also released an FAQ, detailing the new guidelines further.

Source

 

[Ev1l0rd]

yes, because you're not allowed to keep your toys once you break their terms.
they go for where it hurts. Your total views statistics.

...do you have any familiarity with the DMCA? YouTube's automatic systems do not permit filing DMCAs (for good reason, filing a false DMCA is perjury and they fuck with a channel in heavier ways, see the below there part). Their automated systems just permit demonetization or taking the total of the monetization. A DMCA must be filed manually. That paragraph specifically states they can still DMCA things, which is the only way to take down content from YouTube.

In addition, a DMCA strike has much bigger impact on a channel than just "total view statistics". 3 in 6 months is enough to take down a channel. Having 1 restricts your ability to upload 10 minutes+ videos and disables livestreams. They only get taken away if you wait 6 months and complete a patronizing little "copyright quiz".

 

[DarthDub]

Now fix Nintendo Switch Online.

 

[Clydefrosch]

...do you have any familiarity with the DMCA? YouTube's automatic systems do not permit filing DMCAs (for good reason, filing a false DMCA is perjury and they fuck with a channel in heavier ways, see the below there part). Their automated systems just permit demonetization or taking the total of the monetization. A DMCA must be filed manually. That paragraph specifically states they can still DMCA things, which is the only way to take down content from YouTube.

In addition, a DMCA strike has much bigger impact on a channel than just "total view statistics". 3 in 6 months is enough to take down a channel. Having 1 restricts your ability to upload 10 minutes+ videos and disables livestreams. They only get taken away if you wait 6 months and complete a patronizing little "copyright quiz".

Sounds like good incentive not to break their terms then.

 

[chaoskagami]

Sounds like good incentive not to break their terms then.

The DMCA is not a tool used to enforce end-user license agreements.

Especially when they conflict with the permitted exceptions within it for derivative works.

 

[Thulinma]

so, no "commentary-less" playthroughs of games? that's still kinda retarded

Playing the game is, quite literally, creative input. What buttons you press when are very much a creative type of input.
Basically, this doesn't ban playthroughs, but it does ban simply posting the cutscenes without alterations. Which makes sense.

 

[bodefuceta]

Seriously, I'm all for free speech and freedom, I hate DRM to my heart's content.

But freedom to monetize on someone's work isn't a good type of freedom. Not all freedoms are inherently good, take the freedom to own slaves as an extreme example. I never DARE to enter Youtube or most of the internet without an adblocker. The videos should ideally be completely FREE. If a copyright owner wants to restrict how much money you can make with that bullshit, I'm 100% for it.

 

[Ev1l0rd]

The DMCA is not a tool used to enforce end-user license agreements.

Especially when they conflict with the permitted exceptions within it for derivative works.

Unfortunately, thanks to the current state of copyright, the DMCA is a hammer that can be used by Copyright holders whenever and however they desire. Due to the nature of the law itself, it's essentially an immediate takedown unless a counterclaim is filed afterwards. Takedowns can be spurious (I could claim a video that has 0 content that I have control over in it), and thanks to the nature of YouTube, I can get a channel in heavy shit for 14 days (time it takes to counterclaim).

At the same time, I can keep filing claims and as long as counterclaims are submitted and I don't follow through on the counterclaim, I don't get dicked over for doing so by the people I'm putting into jeopardy. The only one that might sue me is the original rights holder, who is the only one that can put me in legal trouble for doing this.

If I file 3 separate spurious claims against a small YouTube channel (big ones are usually vetted by YouTube before approval), boom, channel gone, nothing the YouTuber can do about it afaik (not 100% sure if you can counterclaim after the video has been nuked off the earth).

The DMCA is a highly dangerous weapon that is very easily abused.

(NOTE: IANAL, this is not legal advice, this is what I've seen in ~3 years of watching video content on YouTube, in part content discussing the nature of the DMCA.)

 

[leon315]

THAT's an absolutely retard program to begin with, which has pissed all major youtubers causing them mass avoided to create videos about ninty games, there are ton of games to play and monetize with, and ninty games are not on top of list.

 

[Bladexdsl]

and now instead of helping youtubers they will just ban anyone who makes a video showing ANY of their content

 

[Saiyan Lusitano]

you can still silently play through your games.
you just can't make money off of it.

not that you'd make any from the 6 views you get anyways

Viewers can make "donations" instead.

 

[RattletraPM]

-snip-

That's sadly true, the DMCA can be used and abused by companies almost however they like. But I think part of what @chaoskagami meant is that (especially on YouTube) filing a DMCA for anything that isn't a blatant copyright violation is usually very frowned upon as it's just too extreme of a measure. If you remember the "good old" days when Sony BMG nuked half of YouTube then well, they're partly to blame because of that. Afterall it's one of the reasons why other tools such as demonetization and ContentID exist - which are anything but perfect, but at least put less pressure and punishment on content creators.

Realistically speaking, sadly DMCA is still the root cause and Nintendo could use it, but I doubt it'll use it for anything other than actual copyright infringment. It's still Nintendo we're talking about so we could see some nasty surprises tho.

 

[Dr.Hacknik]

 

[Frankbel]

Nintendo Creators Program:
Join now, and Nintendo receives a part of the advertising proceeds for your Nintendo-related Youtube videos.
F*ck

 

[Sakitoshi]

I don't share this BluRay, I just show a capture of my screen while my PC is playing it. Of course I'm allowed to show that on the internet, because some stranger from the other side of the planet could come into my home and stare on the screen with me.

Public showing ≠ Private showing. You can listen with your friends to music you bought, playing it at your club to earn some money you need to buy a special license.

games ≠ movies/music
just in case you didn't knew, games are an interactive medium. you don't acquire a game to watch or listen to it, you play them.
showing footage of a game is more akin to showing a trailer, you get only part of the experience not the whole experience.

 

[Deleted User]

it does ban simply posting the cutscenes without alterations.

I think this more covers cutscenes than "voiceless gameplay".

lmao do nintendo games even have cutscenes that are worth watching? they're all kinda cookie cutter badly pulled off garbage lmao

 

[Subtle Demise]

I don't share this BluRay, I just show a capture of my screen while my PC is playing it. Of course I'm allowed to show that on the internet, because some stranger from the other side of the planet could come into my home and stare on the screen with me.

Public showing ≠ Private showing. You can listen with your friends to music you bought, playing it at your club to earn some money you need to buy a special license.

That's not really the same. Sharing a movie publicly gives the full experience. A video of gameplay gives the viewer half or less than half of the experience.

 

[DarkCoffe64]

Oh yeah, I've read this BS on a discord server I'm in, I'm just gonna share my thought on this here too:
"We are humbled every day by your loyalty and passion for Nintendo's games"
and then you copyright strike, dmca or do worse stuff to your "fans". Fuck ya Shittendo

"You may monetize your videos and channels using the monetization methods separately specified by Nintendo. Other forms of monetization of our intellectual property for commercial purposes are not permitted."
Lemme guess, something like "we get to have 90% of your profits".

"You are only permitted to use Nintendo Game Content that has been officially released, or from promotional materials officially released by Nintendo (such as product trailers or Nintendo Directs)."
So, no romhacks, translations or what? Or shudders, emulators!?

"We reserve the right to remove any content that we believe is unlawful, infringing, inappropriate, or not in line with these Guidelines. " And here's the catch. Nothing's gonna change people, only for the worse :v

"Q7:What if I record someone playing an unreleased game at a public event, such as a gaming expo?"
They're sooooooooooo butthurts by the smash leaks

"Q11:What do you mean by content that is "unlawful, infringing, or inappropriate"?
A11:Examples of unlawful, infringing, or inappropriate content include, but are not limited to, content that incorporates Nintendo intellectual property and: Violates applicable laws; Infringes the intellectual property rights of Nintendo; and/or Features pirated Nintendo software."
Sooo, for the last one, pretty much 90% of youtube vids?(modificato)

 

[VitaType]

games ≠ movies/music
just in case you didn't knew, games are an interactive medium. you don't acquire a game to watch or listen to it, you play them.
showing footage of a game is more akin to showing a trailer, you get only part of the experience not the whole experience.

Sure the famous 45min film trailers /s
40-50 parts Super Mario Galaxy isn't directly what I would call a trailer... It clearly goes far beyond a trailer. Btw. there're trailer of the games on youtube. Trailers made by Nintendo, just as it's common the trailer is made by the owner of the product or a company which was hired by the owner. Just in case you didn't knew.

But I'm sure people watch 110parts CivVI just as an advert. Just to find out if they should buy the game.
The main focus, the main attraction of most Let's plays from Nintendo games clearly is the game itself and not the Let's Player.

The character of a Let's Play clearly is more one of a entertainment product exploiting the creativity and hard work which went into the played games rather then a information/buying influence. Trailers are only made for information and buying influence.

Maybe I should upload the first half of each of the Lord of the Rings films and the second half of the latest Star Wars film. Just as a trailer of course...

 

[Sakitoshi]

Sure the famous 45min film trailers /s
40-50 parts Super Mario Galaxy isn't directly what I would call a trailer... It clearly goes far beyond a trailer. Btw. there're trailer of the games on youtube. Trailers made by Nintendo, just as it's common the trailer is made by the owner of the product or a company which was hired by the owner. Just in case you didn't knew.

But I'm sure people watch 110parts CivVI just as an advert. Just to find out if they should buy the game.
The main focus, the main attraction of most Let's plays from Nintendo games clearly is the game itself and not the Let's Player.

The character of a Let's Play clearly is more one of a entertainment product exploiting the creativity and hard work which goes into the played games rather then a information/buying influence. Trailers are only made for information and buying influence as trailers are.

Maybe I should upload the first half of each of the Lord of the Rings films and the second half of the latest Star Wars film. Just as a trailer of course...

again, you are not getting to PLAY (play as of interact with) the games, which is all the point of them.
but whatever you say.
I bet you think that watching porn will get you pregnant.

 

[the_randomizer]

So why are let's play videos without commentary still something for Nintendo to bitch about? You have to add a commentary? You have to only show parts of a game and not an entire playthrough? Yeah, I call bullshit.