Believe it or not, i really am actually concerned about the commons. I don't think it's reasonable or fair to *the entire rest of society* to have all the "IP" locked up for literal generations after people keel over.
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IF we were trying to hew to the way copyright worked before streamers started doing their thing, then every single one of them is blatantly infringing, all of them owe pretty much 100% of their profits to the IP owners of the games they stream, and the industry shouldn't exist
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This is, obviously, not going to happen, and once streaming was established as a thing that all the kids were into now the developers and publishers decided "Well it's better to roll with it than be the bad guys like Metallica were"
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I think the issue is that the content owners are largely well aware of Twitch etc., and seem to treat it sort of like the RIAA treats bands where covers are performed - they're getting some sort of cut, so they allow it
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The issue seems to be a collision of multiple IP norms, notably the games industry and the RIAA, in cases like video games that the devs want to allow streaming for but which use copyrighted music that hasn't been cleared
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I dunno it might be? Like, there are two primary elements of transformation to watching a person stream. First, they play the game in a certain way. And, yeah, depending on the game, this might be very minimally transformative. Most people often play similar.
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And, critically, all play takes place within a region of play established by the creator. No one's drawing outside the lines the way you theoretically could for a play. You can't add a scene or whatever.
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I think we can agree on a few things: there are a LOT of holes in IP laws, there are a lot of problems that need fixing there....but we can do that while strengthening individual creator rights.
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