1. #1

    Why is streaming even allowed?

    cannot understand why streamers are allowed to do so. Anti-piracy is a very big thing and stuff like Denovo is inserted even though it is known to hamper a game's performance (see Borderlands 3 for latest ). Piracy is bad woo-hoo, piracy ruins the business woo-hoo. And then they let thousands of people stream their game. Streamers go a lot further than copyright infringement. They make money by streaming that copyrighted material. And all that watch it are not buying and playing the games. I just don't get it. Why do they allow sreaming of copyrighted games? You are not allowed to show it in a dedicated room and ask admittance, but putting it on Youtube is no problem. The only thing that would make sense is that thepublisher/developers get money from Youtube themselves. Low lifers like Pewdiepie got filthy rich by breaking the law and what do they do? They hire him and give him even more. And it doesn't stop at the money-issue. Many people seem to notice that certain patches and improvements are solely there for the benefit of hardcore streamers.

    Or am I missing something?
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  2. #2
    Goo-Goo-Man's Avatar Senior Member
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    Originally Posted by Rbox22 Go to original post
    cannot understand why streamers are allowed to do so. Anti-piracy is a very big thing and stuff like Denovo is inserted even though it is known to hamper a game's performance (see Borderlands 3 for latest ). Piracy is bad woo-hoo, piracy ruins the business woo-hoo. And then they let thousands of people stream their game. Streamers go a lot further than copyright infringement. They make money by streaming that copyrighted material. And all that watch it are not buying and playing the games. I just don't get it. Why do they allow sreaming of copyrighted games? You are not allowed to show it in a dedicated room and ask admittance, but putting it on Youtube is no problem. The only thing that would make sense is that thepublisher/developers get money from Youtube themselves. Low lifers like Pewdiepie got filthy rich by breaking the law and what do they do? They hire him and give him even more. And it doesn't stop at the money-issue. Many people seem to notice that certain patches and improvements are solely there for the benefit of hardcore streamers.

    Or am I missing something?
    Good question.

    Better one would be is why do people even part with their well-earned money by giving another person who sits in his basement all day playing PC games money? I mean yes, do with your money what you want, but hell, if it is burning a hole in your pocket and you absolutely must get rid of it, donate it to a Children-in-need charity or something of the like.Something that actually has a tangible benefit on humanity.

    But hey, who knows - it is indeed a strange world we live in lol
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  3. #3
    Welcome to the real world where you need to do marketing to sell stuff.
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  4. #4
    Originally Posted by Goo-Goo-Man Go to original post
    Good question.

    Better one would be is why do people even part with their well-earned money by giving another person who sits in his basement all day playing PC games money? I mean yes, do with your money what you want, but hell, if it is burning a hole in your pocket and you absolutely must get rid of it, donate it to a Children-in-need charity or something of the like.Something that actually has a tangible benefit on humanity.

    But hey, who knows - it is indeed a strange world we live in lol
    Because they enjoy it? To be honest, the same could be said for anything really. Why people spend money drinking or smoking? They could donate to a charity, that'd have a tangible benefit on humanity? Why do people buy games? They could donate to starving children around the world.

    Just because you don't understand something, or don't agree with it, it doesn't make it wrong, or stupid, or useless.
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  5. #5
    Nobody is breaking any law...

    Publishers are happy that influencer market their game
    And most publishers give explicit permission to specific organizations or even all content creators to use their content

    Stop being butthurt that these people make money by playing and advertising a game
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  6. #6
    First off, the question whether streamers infringe on copyright or not is not as easy as you may think. Professional streamers will usually ask for permission before they invest time and money into producing content, simply because they don't want to receive DMCA claims and copyright strikes. Many games include a permission to stream in their licenses, sometimes with a few extra conditions. So in these cases, there clearly is no infringement because a permission was explicitly given.

    Cases where there is no expllcit permission, are less clear. Some publishers (Nintendo for example) have argued that they own the content and therefore should be able to control how and where it is spread. On the other hand, a case can be made that a streamed game, with gameplay and commentary from the streamer, is a transformative work and thus does not infringe on copyright. This question will remain open until someone actually goes to court about it, but that's not very likely. For a streamer, if a publisher makes clear that they don't want them to stream their content, it is much easier and cheaper to simply switch to a different game. So we may never get an answer whether streaming a game per se is infringing or not.

    Regarding the question why people do it and why publishers allow it, obviously it's marketing for the game. Watching a game is not the same as playing, and watching someone play and have fun is one of the best ways to make the viewer buy the game so that they can experience it by themselves. Additionally, high-profile streamers have a lot of influence over young people, just like music stars, actors, athletes, or other youth idols. Personally I never understood why anyone would care which perfume a given actress wears, but the fact is, lots of people do, and it does drive sales. So if a popular streamer plays a game, then some of their fans will buy that game too,

    Apex Legends is a good example of how such a marketing approach can work, at least in the short term. When the game released, there was almost no marketing on the usual channels (very unusual for EA), but they spent several millions on a grassroots campaign with streamers. The game became extremely popular in a very short time, and it arguably saved EA from having to publish a horrible financial report after the Anthem debacle. However, Apex Legends is also a good example for how short-lived a game's success can be if it's mainly based on marketing.
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  7. #7
    It all matters on the Copyright owner.
    This means if it is OK by them, then it is perfectly legal.

    Which is why Nintendo was one of the most hated companies to online content makers when they announced their "Creators Program" ( 2015 - 2018 )
    which was met with enough backlash they changed their ways. They took 40% of all revenue from content creators and had specific guidelines on what could be shown. If you were not accepted to their program, you couldn't produce any content on Nintendo games.
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  8. #8
    Originally Posted by Dani-3009 Go to original post
    Nobody is breaking any law...



    Stop being butthurt that these people make money by playing and advertising a game
    Well, they ARE breaking the law. They infringe on copyright.. Eventually that buck stops with me. Every little or big consequence that comes of copyright infringement eventually influences the price of games. And it doesn't make them cheaper. If I pirate the game, that's my only way to get money of the game. So that would be OK too then yes? It's hypocrisy. Nintendo on the other hand doesn't turn a blind eye on this.
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  9. #9
    Originally Posted by Rbox22 Go to original post
    Well, they ARE breaking the law. They infringe on copyright.. Eventually that buck stops with me. Every little or big consequence that comes of copyright infringement eventually influences the price of games. And it doesn't make them cheaper. If I pirate the game, that's my only way to get money of the game. So that would be OK too then yes? It's hypocrisy. Nintendo on the other hand doesn't turn a blind eye on this.
    As I said earlier.
    They are not "Breaking the Law" - because it is the Copyright Owner to decide if people can or cannot stream. Not you, nor the Government gets to decide.
    This means the Government can't prosecute a copyright case - it is a civil case. Only the owner can prosecute.
    Vast overwhelming majority of game companies promote content streamers.
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  10. #10
    Originally Posted by Rbox22 Go to original post
    Well, they ARE breaking the law. They infringe on copyright.
    It's interesting that you claim to know a clear, strict answer to a question that 99% of law professionals regard as "up in the air". Care to show us some precedence cases?

    And again: If there is an explicit permission given, then there is no infringement. This is one of the pillars of copyright law that's universal among the judiciary systems that recognize copyright.
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