/!\WARNING/!\ Youtube + SX OS Video = Strike

Discussion in 'Switch - Exploits, Custom Firmwares & Soft Mods' started by Aldoria, Sep 11, 2018.

  1. Aldoria
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    Aldoria GBAtemp Fan

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    I just saw Nintendo striked one of my video talking about SX OS, and i thought it was just for me. But by visiting channel that also had video talking about sx os, they are gone. So if you have a youtube channel, i'm telling you : don't do videos about SX OS if you don't want to be striked
     
    NoNAND, jimmyj, yanagi and 4 others like this.
  2. Kubas_inko

    Kubas_inko "Something funny goes here."

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    I gues on earth.
    #WTFU
    Also reclaim the video (because fair use).
     
    Last edited by Kubas_inko, Sep 11, 2018
    Maximilious, Fuk, NoNAND and 6 others like this.
  3. JellyPerson

    JellyPerson https://discord.gg/BMVma8j

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    Hey, that's no good. Reclaim that video.
     
    Fuk, NoNAND, nachuz and 5 others like this.
  4. Aldoria
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    Aldoria GBAtemp Fan

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    Yeah i'm going to do that, it's annoying
     
    NoNAND likes this.
  5. I pwned U!

    I pwned U! GBAtemp Advanced Fan

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    Use a censorship-resistant service like D.Tube instead. It is where I plan on uploading exclusively from now on.
     
  6. Ashura66

    Ashura66 GBAtemp Advanced Maniac

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    Kind of obvious WHY they do it, i mean it's a tool used for piracy, specifically to pirate THEIR console. I this specific case it's actually very unclear if free use applies or not
     
    Shalashaska98 likes this.
  7. VinsCool

    VinsCool Cattus Incerta Tacitusque

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    I saw some other people having the same as well on Twitter.

    It's obvious that Nintendo is becoming a lot more aggressive regarding hacks.
     
    SpiffyJUNIOR and The3rdknuckles like this.
  8. wiiando

    wiiando GBAtemp Regular

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  9. DKB

    DKB ...!

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    Yikes. Sadly, I'm not sure if you're allowed to do anything about it because they are indeed in the right.
     
  10. VinsCool

    VinsCool Cattus Incerta Tacitusque

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    Aldoria likes this.
  11. ShadowOne333

    ShadowOne333 GBAtemp Guru

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    As long as you don't feature any kind of gameplay of sorts, Nintendo can't do shit about videos with SX OS on the system.
    Fight hard for the videos, Nintendo is going too fucking hard on this and they have NO legal grounds to do this.
    You are not infringing any kind of copyright, EULA or any law.

    Fuck Nintendo in the ass, show them they are not above the law.
    They can't and should not do this.
     
    w1nn1ng, NoNAND, DarthDub and 9 others like this.
  12. DollyWhipDoll

    DollyWhipDoll You're on ignore.

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    They're going after @Nevercholt, too. He has all kind of tutorials. I recommend removing/editing this video as it might cause your third strike. They seem to have their hunters out, manually looking for that stuff. Those things {N} will get you for video, sounds AND images @1:00.
    Warning: Spoilers inside!
     
  13. wiiando

    wiiando GBAtemp Regular

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    This was my point, if they contain game footage of any kind they'll likely pull it if you're not a top/high YT channel
     
  14. TotalInsanity4

    TotalInsanity4 GBAtemp Supreme Overlord

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    Technically they can. The menu layout is still their intellectual property

    That said, tutorials generally speaking fall under fair use
     
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  15. ShadowOne333

    ShadowOne333 GBAtemp Guru

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    Copyright of a menu layout?
    Really?
    I don't know, but that doesn't seem to fall under any kind of copyright law.

    In any case, tutorials and such are under fair use, and they have NO ground to hold in this.
    They can't shut down videos just because someone talks about the SX OS.
    If you mention where to get the ROMs from, they yeah perhaps, but if not and you simply explain how to use it, they cannot do it.

    Claim the video back, and counter Nintendo with their bullshit.
    I had it with their anti-homebrew shit already, they need to stop now.
     
  16. Ashura66

    Ashura66 GBAtemp Advanced Maniac

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    It's software AND hardware designed to hack and illegally modify something they own(The Switch). Pretty sure the law is on THEIR side on this one
     
  17. ShadowOne333

    ShadowOne333 GBAtemp Guru

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    Sorry but no.
    The law has already been modified to serve the user in this kind of case.
    You can modify the hardware and software to whatever as long as it doesn't imply directly that it will be used for piracy.
    You own the device once you buy it, the only thing that is not bough is the services the device itself has tied to it, which is where the EULA enters.
    They are even forced to keep the warranty alive even in the case of a hardmod, as long as the issue itself is not a derivative of the hardmod itself.

    You can make a video of the SX OS, it doesn't mean you are condoning piracy in any kind.
    You can simply explain how to use it and so, and they can't take down the video just because you are showcasing how to use a modchip or even a softmod.

    Nintendo is just doing iffy shit and it's going into bare illegal territory.
    Just because they sell you the console means they will have to ask you how to treat it and what to do and not to do with it.

    What's next?
    People that make tear-down videos getting their videos taken down just because Nintendo doesn't like it?
    I just hope people start realizing that they are playing around with shit that is going above the client's own rights.
     
  18. Nevercholt

    Nevercholt GBAtemp Regular

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    This Nintendo shit indeed also goes around at my channel. The stupid part is that they striked my SX OS video, in which I didn't show gameplay at all.... You can send a message to YouTube but they rejected mine.... YouTube's reporting system is shit and Nintendo is shit as well. One of my striked videos had 1 sec Pokemon gameplay and got striked for that I guess... So fked up since there are A LOT of gameplay channels on YouTube going through entire Pokemon series but because I also include the Switch hacking videos they strike my gameplay of course........
     
  19. jt_1258

    jt_1258 GBAtemps Midna

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    Well dam, I guess don't have more then 2 sx os videos up at a time or they could instakill ya
     
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  20. V-Temp

    V-Temp GBAtemp Maniac

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    Nintendo's AP page (which is legal facing and written by lawyers, rather than public facing and written by/as PR) now defines SX and SX OS as a piracy tool for DRM circumvention. It is not even remotely defined as homebrew tool (note, Nintendo makes no mention or classification for other CFW options as they are purely software and, for Nintendo, probably considered insignificant compared to a packaged good).

    YouTube won't side with the user, the tool is strictly illegal by Nintendo's definition and would violate YouTube's policies as it shows DRM circumvention, regardless of whether or not you show it being deliberately used for piracy (and when common sense says 99% of usage is piracy). Until someone challenges Nintendo to a court case (be aware Nintendo has been winning a ton of flashcart cases all over, and they classify SX/OS as a similar tool so they have precedent in market's they've already won in) and prove otherwise, SX OS is basically poison.
     
    SaffronXL, ByteBite, Alex1234 and 4 others like this.
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