The Patch #90

The Patch: The Patch #90

The Patch Discusses Nintendo News

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Comments (70)

  • MrJohnnyBadger FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold

    2 years ago

    So here's basically how Fair Use works, paraphrasing and interpreting Title 17 (which is Copyright Law) Section 107: Fair Use:

    Factors to be considered include:

    1) The purpose of the use, which means are you making money off of it or is it for nonprofit, educational purposes. Since Rooster Teeth would be making money, that would go in favor of Nintendo

    2) The nature of the original work, meaning are you using parts of it that cannot be copywrited due to already being in the Public Domain or simply full of facts. Again, probably would go to Nintendo since they definitely can copyright the game.

    3) The amount and substantiality of the portion used in relation to the whole original work. This is what they discussed comparing multiplayer let's plays to single player ones like Full Play. Since multiplayer is just a set of rules to give structure to what you are doing, it isn't a big part of the game. This would probably go in favor of Rooster Teeth.

    4) The impact the use would have on the market for the original work. Again, something like Full Play gives you the whole story of the game, therefore making it so you can simply watch instead of purchase the game and play it yourself. However, multiplayer let's plays are, like Ryan said, almost like an advertisement of the game. It shows how much fun they are having playing it so you should get it too. So that would likely go to Rooster Teeth.

    The categories are not weighed evenly, the judge has to think of all of those things in a case to determine if it is fair use.

    Bonus fact: To my understanding, parodies, specifically songs, were never actually ruled to be Fair Use. 2 Live Crew made a parody of Roy Orbison's "Oh, Pretty Woman" titled "Pretty Woman" and were sued by Orbison's publisher. The case made it to the Supreme Court which ruled the lyrics were definitely fine since a lot had been changed, but since the music was basically identical it was sent back to a lower court to make a first ruling on just the music. Before a decision could be made the case was dropped because the parties settled outside of court. Many people just accept that parodies are ok because a lot of them are made. Fair Use really is a case by case thing and the closest there was to a precedent for parodies never finished being decided.

    If anyone wants to read the original text of Title 17 you can go to copyright.gov/title17/

  • Survivalist FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold

    2 years ago

    camera quality omg yes!

  • JohnOnDaMoon

    2 years ago

    Those Black Magic cameras are giving you really flat curves. That's perfect for color grading, because you can read all of your black levels, but if you just stream the raw output without grading, it just looks chalky and desaturated.

  • MattBann FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold

    2 years ago

    Glad I'm not the only one who played FFX-2 multiple times to get the ending they wanted! Great conclusion to X, which is my favourite game

  • tayils FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold

    2 years ago

    Interested to know how will this affect the already existing Nintendo Let's Plays?

    • JohnOnDaMoon

      2 years ago

      Depends on how thorough Nintendos legal campaign is. Due diligence equals time and money. If it's well funded, cease and desists will come in on all content Nintendo related.

  • antartiguy

    2 years ago

    The last of Us is always a game that reduces me to tears.

  • bigdanz2099

    2 years ago

    i actually didnt watch cause they said thats it for the patch at the beginning lol

  • Jaworth

    2 years ago

    I really want a video of Meg and Gavin trying to beat Ace Attorney. It's Capcom I believe and not Nintendo so they should be able to get away. Plus, Gavin trying to use the complex logic would be amazing.

  • JustinCecil1

    2 years ago

    Was listening to this today. When yall mentioned the valiant hearts trailer. I am an oilfield worker.

    I was sitting at the entrance to a rig location with 10 other vehicles with people in them surrounding me when I watched that trailer the first time and I cried. Most embarrassing moment in my 7 years in the feild.

  • DavidBatterb FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold

    2 years ago

    Weird, wonder where my post went. Talking about the Nintendo situation ... here are the games that I have bought directly as a result of Achievement Hunter videos ...

    -Halo ODST
    -Halo Reach
    -Halo 4
    -GTA IV
    -GTA V
    -Minecraft
    -Trials Evolution
    -Trials Fusion
    -Fez (sorry about that)

    If they hadn't put that content out due to revenue sharing arrangements ... I legit wouldn't have bought all of those games.

    • Bran187

      2 years ago

      I'm in the same boat. GTA V, Minecraft, Worms and Trials Evolution were all bought as a direct result of AH videos and I have plenty of other games that I bought because of other YouTubers.

  • kgar041

    2 years ago

    I'm buying dying light based on their lets play out this week. Honestly fuck Nintendo. Great games but antiquated ideas.

  • Jrex FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold Gus Sponsor

    2 years ago

    Meg Turney breathing in the mic for the win! smiley4.gif

  • ilexly FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold Merc Union Rep

    2 years ago

    The real problem with fair use and the whole "what is fair use" question is that people want it to be something it isn't. Unfortunately, fair use isn't a magical shield that'll keep content from being taken down. It's a legal defense against a copyright infringement claim. And when it's small time content creators on the internet v. huge companies with a lot of resources, the case isn't going to get far enough for the creator to claim fair use.

    So the guy who made the Taylor Swift parody video? Looks like fair use, smells like fair use, but he's not going to win against Sony because he won't have the resources fight that legal battle. He'll never get the chance to make a fair use claim.

  • phantem FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold

    2 years ago

    I bought the game worms because of their Lets Plays.

  • PasvSmkng FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold Worst ever, of all time

    2 years ago

    So, basically Nintendo are throwing away all the free advertising that their fans were doing for them, is that correct? Because that's what it sounds like!

  • Sase3119 FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold

    2 years ago

    Ashley made me cry talking about saving the world in video games :(

  • BlindmanV2 FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold

    2 years ago

    I would understand if roosterteeth made now nintendo based Let's Plays but they don't. Why Cancel the SmashBros Sponser Cut Its not even on the list of games that nintendo is proposing and its for the Sponsors so probably 75% of the fans won't know its gone.

    On the flipside yeah it would suck to lose money but they won't be by posting the tournament actually the whole reason I checked is because Smash Bros has a whole site devoted to Smash tournaments!

    Can I posts links here I have the list of games in front of me?

    • BlindmanV2 FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold

      2 years ago

      r.ncp.nintendo.net/whitelist/ Nintendo Creators Pogram

      Not even a lot of games are under the Wii U section.

      Post edited 2/07/15 1:58AM

  • billybob8476

    2 years ago

    I don't think Nintendo's policy is going to work, but it just seems so strange. I DO think they have the right to do this, but why are they? Everybody else is fine just letting their content go online with no problems. I just don't know what the Nintendo Execs are thinking...

  • VyctoriYang

    2 years ago

    Would it be possible for the Mortal Kombat X link to link to the Conan video shown as well.

  • Gannon94 FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold

    2 years ago

    Fucking Nintendo... Nobody else takes money off em other than youtube, way to put people off playing your games.

  • TylerCatlin FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold

    2 years ago

    Actually Meg you don't own the game, only the rights to use the software (AKA the game).

    • Znake

      2 years ago

      Not just games. Most (if not all) other software is the same way. You don't own your copy of Windows, you just have the right to use it.

    • tanukivilla FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold

      2 years ago

      This was something I had hoped someone would bring up!

      Steam has been pretty clear on this for years, if you read their SSA:
      forums.steampowered.com/forums/showthread.php?t=2941215

  • JakeSully

    2 years ago

    so happy homeworld is coming back been playing for so many years

  • GrimTwin

    2 years ago

    I'm with Ryan. Just drop Nintendo and focus on the other companies that don't pressure the hell out of people.

  • good2cya FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold Horse McDoomkook

    2 years ago

    I was acutely aware of Ryan and/or Meg breathing into the mic when he wasn't talking lol

    Post edited 2/06/15 2:06PM

  • SkilledWar

    2 years ago

    The new policy makes me not want to buy nintendo products for awhile, which sucks because I was planning on upgrading to the New 3DS

  • tanukivilla FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold

    2 years ago

    Was surprised during the whole Hard Rain/Heavy Rain discussion no one brought up Black Rain.

    Also, nice shout out to TotalBiscuit who is one of the very few sane well-reasoned voices out there.

  • Narithius FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold

    2 years ago

    Maybe someone can confirm this for me, but I believe Hard Rain was one of the campaigns for Left 4 Dead.

    • CaitlionRoar FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold

      2 years ago

      No, as Meg said, Hard Rain was in Left 4 Dead 2

  • Tsuzuru

    2 years ago

    The new policy of Nintendo sucks and just shows how greed they really are.

    I've not liked Nintendo since the Snes days anyway, each Nintendo console these days
    gets the same games, mario, zelda, donkey etc, then the console becomes a shovelware magnet and then dies.

  • IanStebbins

    2 years ago

    So Microsoft just recently started allowing monetization again. I wonder how much longer until they suddenly disallow it again? :(

  • LVillanueva FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold

    2 years ago

    Where can we find The Patch koozies?

    • Ashley FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold The Know

      2 years ago

      A fan made them and sent them to us, but a lot of people have been asking about them so we'll take it under advisement!

  • Matt317 FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold the guy

    2 years ago

    Tiny Tina's Assault on the Dragon Keep is another great game/add-on that has to do with using games to help overcome the death of a loved one.

  • ColtonSR FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold

    2 years ago

    I love Ah's Mario vids and I think they should continue with them but I wouldn't want them to do it and them be losing money by it. Nintendo kind of sucks

  • HalfricanBush FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold Halfrican Warrior

    2 years ago

    best ending ever

  • thraaaaaaa FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold

    2 years ago

    That Nintendo discussion in the beginning got intense man, and I agree with Ryan. One of the reasons why some of Nintendo's policies are so frustrating is because they're great, and they've made some of my favorite games.

  • Bran187

    2 years ago

    You know Ashley, you hit the nail right on the head and that's part of what I love about video games. They can be that escape from reality, where you can save the world, regain that feeling of control and be in a place where you can make sense of things. I totally know the feeling and you articulated that aspect of gaming so perfectly.

  • Growda

    2 years ago

    id buy an audible book Read by Ryan.

  • Toxifies

    2 years ago

    God damn Ashley is such a semen demon. Burnie you lucky bastard.

    Post edited 2/06/15 1:15AM

    • Ashley FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold The Know

      2 years ago

      What on earth made you think that was a good idea to type, let alone submit?

  • aldaira FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold

    2 years ago

    this was a genuinely great episode - an interesting discussion of what the Nintendo situation will mean for online gaming content, a lot of honest laughs, and a heartfelt little moment of talking about the ways that games can help us deal with rough times. <3

  • Danelli FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold

    2 years ago

    I could hear someone breathing into the mike the whole episode made it alittle hard to enjoy it but over all good episode.

    • The_Yob

      2 years ago

      *Mic. Breathing into Mike would be weird.

  • glitch14

    2 years ago

    Props to rooster teeth for actually talking about both sides of monetizing lets plays. Its a lot more of a grey area than most of these lets players make it out to be, and lets face it they aren't exactly impartial on the issue.

  • johnbarnes FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold Trophy Hunter

    2 years ago

    Glad to hear someone else got emotional during Big Hero 6, Ashley.

  • saxxy_assassin FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold

    2 years ago

    Ashley, there IS a sequel for Okami called Okamiden on the DS. Just FYI.

  • latrixk

    2 years ago

    Nintendo is pretty out of touch with the whole "lets play" culture

  • peartposer

    2 years ago

    Stop being grumps Nintendo! As if they didn't make enough money already >_>

    • peartposer

      2 years ago

      Yeah I was wondering why there were doing this and I didn't stop to think that they were having financial troubles. Kind of surprised me, I mean Nintendo doesn't really have big AAA titles every year but the games they do have sell like crazy. I think this is the wrong way to go about making extra income for the company though. They need more big titles that appeal to a broader range of players.

    • SpuddNugget FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold

      2 years ago

      Well Nintendo isn't doing to well compared to how they were doing in 2010. Last year they were even thinking about merging with other companies or selling off IP.

  • Aardvark_RvB FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold

    2 years ago

    I am the milkman, my milk is delicious. Special delivery!!!

  • The_Humble_Elephant FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold Never Forget

    2 years ago

    Hey, Hard Rain was not a shitty movie. Granted I haven't seen it since I was a kid but I thought it was okay. It had a lot of water.

    Plus Ashley is great.

  • JBH

    2 years ago

    Who's breathing into the mic, do they not have people listening to it while filming ?

  • Outis FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold Non Mea Culpa

    2 years ago

    So I have to wonder, has Achievement Hunter decided to just give up on Nintendo when they have other video host options (i.e. blip, local hosting)? Is the business decision that making the fight not worth the potential legal costs? Given that RT is established on the fact that you can create your own property using a game company's software as a tool, are they concerned about fighting it and losing, thus creating a judicial standard? FYI, these are not loaded, rhetorical "how dare they not fight for freedom" questions; I'm seriously curious about what all of the implications are.

    • Consumerism FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold

      2 years ago

      RT has a certain cost to make each video because they pay people to do them, to record them, and to edit them. It simply doesn't make sense to spend the same amount of money, but earn 60% less on making Nintendo videos, when there's also PC PS4 and Xbox One.

    • YMIHere

      2 years ago

      There's no reason to risk anything at all on any potential fight with Nintendo. It's like offering $5 for a Ferrari at a dealership, Nintendo has no leverage so they're just going to be politely ushered out of the building. That $5 doesn't mean squat when there are more than enough people willing to pay sticker price. Even if they have a legal battle with Nintendo and win, it's still good for Nintendo because views drive sales. Let them suffer and they'll figure it out, they've been slowly working that way anyway.

    • SkilledWar

      2 years ago

      Well, Burnie had Kyle cancel the RT office Smash Bros. tournament and streams because of this, so I guess nintendo is just out. (Source: twitter.com/burnie/status/563486043479875... )

    • thegovna FIRST Member Star(s) Indication of membership status - One star is a FIRST member, two stars is Double Gold RTX Guardian

      2 years ago

      The only logical things I can think of would be that the revenue generation for hosting on their own or through blip wouldn't equal what they'd get on youtube, not to mention they'd get much less traffic than they'd get from the audience that watches them strictly on YT. Like Ryan said it's not worth it to them to jump through hoops to play Nintendo games when they can put another game on their channel and make the money.

  • Darkman220 PSAT YEAH

    2 years ago

    This was the best Patch episode

  • MGurr

    2 years ago

    Black and White was great! One of my favourite memories of childhood gaming involves the disc arriving in the post the day before the official release date, I was so happy! Creature island was good too although sadly I never played the sequel.