And yet, my seven-year-old manages to watch a zillion hours of video game play critiques and run-throughs on YouTube anyhow, and a bunch of floating heads who say things like "Whoa, this is EPIC!!!" are now millionaires.
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Replying to @NMamatas @simonm223 and
The annoying thing here is that copyright law is in an extreme state of flux, enforcement is highly selective, so people talk past each other all the time about this The stronger argument in my view is that existing case law says streaming is copyright infringement, full stop
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Replying to @arthur_affect @NMamatas and
It seems incredibly obvious that streaming a video game is a "public performance" of the content of that game -- it's somewhere between screening a movie/playing an album and producing/filming a script (It can't possibly be a MORE transformative work than filming a screenplay)
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Replying to @arthur_affect @NMamatas and
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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Replying to @arthur_affect @NMamatas and
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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Replying to @arthur_affect @NMamatas and
But this is just benign neglect -- no new laws were passed, no court case was held, and if you actually seriously try to argue with a straight face that this is what "fair use" ALWAYS meant and every single rightsholder in the past century was getting away with robbery, well
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Replying to @arthur_affect @NMamatas and
And this is why this debate is highly annoying, because no one's really having it in good faith The copyleft side doesn't really think copyright should exist at all, or thinks it should end after 10 years from creation, or whatever
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Replying to @arthur_affect @NMamatas and
So their definition of "fair use" is very unlikely to meet the courtroom standard of the "reasonable person definition" -- their position defaults to "EVERYTHING should be fair use until proven otherwise because don't give them a fucking inch"
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Replying to @arthur_affect @NMamatas and
And, sure, on the flip side, when a corporation decides to play hardball, they don't give a fuck about moral consistency either A valid DMCA takedown is any DMCA takedown you can get to stick, who gives a shit what the actual context of the infringing clip was
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Replying to @arthur_affect @NMamatas and
Which means the general public ends up getting this overall sense "This law doesn't really exist, it doesn't have any objective meaning whatsoever, it's just whatever lawyers think will benefit them at any given moment" This is, generally, not a great thing to happen
2 replies 2 retweets 13 likes
Like for a colorful parallel this is how sodomy laws were for most of their history Yes, it was technically illegal for anyone to ever give anyone else a blowjob in Texas No, this was not enforced, especially among Christian married couples
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Replying to @arthur_affect @NMamatas and
No, this did not make the law "meaningless" or "harmless", because it was an easy way to add jail time if you were someone who got arrested that the system doesn't like -- a sex worker, a queer person, an unpopular celebrity caught up in a "sex scandal"
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Replying to @arthur_affect @NMamatas and
I’m more in favor of limiting copyright terms than you, but you’ve got the law here right. Fair use has ALWAYS been a highly flexible concept. There’s actually very little case law on it. Unspoken negotiations rule most of how the public understands copyright, which is a problem.
1 reply 0 retweets 3 likes - Show replies
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