113
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
this post was submitted on 08 Sep 2023
113 points (95.2% liked)
Technology
34419 readers
962 users here now
This is the official technology community of Lemmy.ml for all news related to creation and use of technology, and to facilitate civil, meaningful discussion around it.
Ask in DM before posting product reviews or ads. All such posts otherwise are subject to removal.
Rules:
1: All Lemmy rules apply
2: Do not post low effort posts
3: NEVER post naziped*gore stuff
4: Always post article URLs or their archived version URLs as sources, NOT screenshots. Help the blind users.
5: personal rants of Big Tech CEOs like Elon Musk are unwelcome (does not include posts about their companies affecting wide range of people)
6: no advertisement posts unless verified as legitimate and non-exploitative/non-consumerist
7: crypto related posts, unless essential, are disallowed
founded 5 years ago
MODERATORS
Obligatory I am not a lawyer, this is just my opinion.
A let's play is a derivative work. You can claim fair use, but that's hard to do. Fair use often boils down to a question of 'does the derivative work compete with the original enough to cause a loss in sales?' Think of when people film themselves watching a movie for YouTube, without cutting anything out and barely commentating over anything, meaning that someone could watch their video instead of the movie and get almost the same content.
In this case, he filmed himself playing the entirety of a visual novel. I think it's fair to say that for a lot of people, his let's play could absolutely substitute for playing the game, thus losing sales for the developer.
But losing sales for the company should not be a criminal act. A sternly written letter should be the maximum punishment while the company pounds sand
Yeah this part of it isn't getting enough attention. Take down his videos? Totally normal. Make him pay for some damages? Sure, I guess. Put him in prison? What the fuck?
I would say it's wrong they can get the video taken done. If he created the video then it's his. They should have to pound sand