Why It's Morally Okay To Pirate All Of Nintendo's Games (The Jimquisition)

[breadisfunny]

I just went through all pages of this thread and I am shocked how many idiots just go straight to bashing Jim without watching the video or understanding the complete picture of this situation.

I am subscribed to Jim, so I saw the video yesterday. I was shocked seeing such title, but after watching it I understood what he means.

The situation:

Jim Sterling is not making any money from posting the video of Jimquisition on Youtube. Those videos are completely crowdfunded on Patreon.

Jim shows 10 seconds of gameplay of Nintendo game. Video gets COPYRIGHT CLAIMED BY NINTENDO.
Jim shows 10 seconds of a Nintendo TRAILER in his video. COPYRIGHT CLAIMED BY NINTENDO.
Jim says Nintendo once in a video. COPYRIGHT CLAIMED BY NINTENDO.

Because the video gets claimed by Nintendo, the originally add-free video gets adds put in front/middle of it. Video that was not supposed to make any money for ANYONE, starts making money for Nintendo.

Their actions are absurd, to the point of copyright-claiming 2 hours of Co-Optional podcast just because they've played Nintendo's trailer while discussing upcoming release of the game the trailer was about.

The situation where Nintendo of America and Nintendo of Japan claimed the same footage and blocked each other from getting a revenue is even more ridiculous.

If it goes on, you will see adds on nearby monitors whenever someone even mentions Nintendo in near vicinity.


Nintendo thinks copyright laws serve them and they don't even acknowledge fair-use clause. That's the point of video. But you have to watch and understand the video instead of going "TRIGGERED!!!!!!1!1!!1!" just by reading the title.

in 2005 i think it was....a law was passed in the u.s. that you no longer need to prove that there was ANY MONETARY GAIN FROM SAID COPYRIGHT INFRINGEMENT to do any sort of copyright related actions. the big propanents of this.....THE RIAA AND MPAA.

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1) fair use does not apply to lets plays
2) fair use is an US only thing. Nintendo is a Japanese company.

isn't the dns servers for youtube hosted in the u.s though? so technically it would actually apply....

[Deleted]

in 2005 i think it was....a law was passed that you no longer need to prove that there was ANY MONETARY GAIN FROM SAID COPYRIGHT INFRINGEMENT to do any sort of copyright related actions. the big propanents of this.....THE RIAA AND MPAA.

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isn't the dns servers for youtube hosted in the u.s though? so technically it would actually apply....

You must be one of those super smart fellas that think people hosting private wow servers are untouchable because the server isnt located in the US.

Nintendo thinks copyright laws serve them and they don't even acknowledge fair-use clause. That's the point of video. But you have to watch and understand the video instead of going "TRIGGERED!!!!!!1!1!!1!" just by reading the title

Nintendo doesnt need to acknowledge fair use, because thats an US only thing.
Oh, and it doesnt apply to lets plays to begin with. Fair use is an incredibly vague and ambiguous thing people like to wave around like its a free pass or something.


Long story short? Its their property, and they can do as they please with it. There is nothing else to discuss. You do not own the games you bought. They remain property of the developer.

[Deleted]

your seriously making the argument that all the time and labor and effort put into a digital product does not mean anything...if the developers had never put the time into making the product that digital product wouldn't exist. these developers need to be paid. the product is sold for a determined amount of money. how do they make any money if they release it digital only and you expect it to be free? if that was the case NO ONE would ever make games digitally unless they are doing it in their spare time. because using your logic there is no return on investment and no profit from it. which means the developers don't get paid and they can't pay their bills.

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nintendo's draconian bullshit policy on fair use on youtube does not make it legal or ok to pirate their games. that is just an excuse one uses to justify something they were predisposed to do anyways. btw i find jim's take on it somewhat ironic in that if he knows anything about how the real ones who make the decisions won't really be hurt by piracy because of upper managements decisions since they get paid absurd salaries and get absurd bonuses and get really absurd severance pays when they leave anyways. only people your really hurting are the lower employees like devs,customer support,janitors,minimum wage employees who make the games who might just get fired for it because of poor sales when they have to cut staff. you know the people who actually NEED the wages.

No, I'm just asking why some ones and zeroes and diffetent to other ones and zeroes.

[rad586]

You must be one of those super smart fellas that think people hosting private wow servers are untouchable because the server isnt located in the US.



Nintendo doesnt need to acknowledge fair use, because thats an US only thing.
Oh, and it doesnt apply to lets plays to begin with. Fair use is an incredibly vague and ambiguous thing people like to wave around like its a free pass or something.


Long story short? Its their property, and they can do as they please with it. There is nothing else to discuss. You do not own the games you bought. They remain property of the developer.

How about you watch that video atleast once ? Or read my entire post instead of quoting last part ?

In said video, Jim is explaining yet again how Nintendo is claiming every single video on youtube there is whenever little bit of a trailer is played. Freaking TRAILER. And not Let's Play, not Let's Watch, no no no. Reviews, reactions to trailers, even non-monetized blog videos (which Jimquisition basically is). Imagine you would have to watch an add on these forums just because someone mentioned "Nintendo" in their post.

If Nintendo goes and claims 2 hours of podcast on youtube just because 10 seconds of a trailer was played it's just ridicoulus.

[Sergar]

using this logic you can morally justify murder because you hate that person. in fact if your going to use your feelings to justify breaking the law why have laws in the first place?

Not only is piracy not equivalent to murder, it isn't even equivalent to theft. Meanwhile, Nintendo taking money from fair-use videos is exactly equivalent to theft. Yeah, two wrongs don't make a right etc, but the person in the video isn't ACTUALLY suggesting that you pirate Nintendo content for this or any other reason. They're just pointing out that Nintendo is hypocritical by being harsh on fan made games featuring or inspired by Nintendo owned IP while also stealing money from fair use video.

You must be one of those super smart fellas that think people hosting private wow servers are untouchable because the server isnt located in the US.

People in other countries have to respect US copyright law of World of Warcraft because of the treaties their countries have signed to that effect.

Nintendo doesnt need to acknowledge fair use, because thats an US only thing.

Nintendo, apparently, doesn't though. Even when it is their American branch taking money from Americans over an American website over American copyrights they hold.

I understand completely.

Oh, and it doesnt apply to lets plays to begin with. Fair use is an incredibly vague and ambiguous thing people like to wave around like its a free pass or something.

Long story short? Its their property, and they can do as they please with it. There is nothing else to discuss. You do not own the games you bought. They remain property of the developer.

Also, while there are complicating factors Let's Plays are probably fair use because they are transformative and don't replace the actual product. The reason "probably" is because their has never been a test case because a Youtube creator intentionally getting into a legal pissing match with a 1-2 large corporations for an indeterminate number of years over a few video's profits sounds pretty suicidal. I wonder if anyone has tried to get the EFF to back them in a case yet?

Anyway, what Jim Sterling was for the most part talking about was video of Nintendo content for the purpose of review or editorial comment which is absolutely Fair Use and that the automated system is, of course, unable to make that distinction. Nintendo itself ignores appeals on that distinction as well.

[Halicia]

People in other countries have to respect US copyright law of World of Warcraft because of the treaties their countries have signed to that effect.

Except for like... that !@#$ING WORLD OF WARCRAFT THEMEPARK in China.

[Deleted]

Way I see it, it is morally okay to pirate Nintendo games until they release Zelda Breath of the Wild for literally anything other than their Nintendo Switch.

I am of course only joking... Or sort of joking I suppose.

[Pachycrocuta]

Way I see it, it is morally okay to pirate Nintendo games until they release Zelda Breath of the Wild for literally anything other than their Nintendo Switch.

I am of course only joking... Or sort of joking I suppose.

I could have swore I heard it was coming for the Wii U. I could be wrong about that, and don't feel like looking it up at the moment. It's almost bed time.

As for more on topic: I can understand what he's saying, and agree with him. I watched the entire video (though this was two days ago, and just now deciding to comment on it). Do I think it is morally ok to pirate Nintendo games? It depends. With the way Nintendo treats people doing videos and such (even reviews and reactions), I can see the reasoning people would cling to, and Nintendo being twats about it, I would agree.

Is pirating a good thing? Again, it depends.

[Yriel]

How about you watch that video atleast once ? Or read my entire post instead of quoting last part ?

In said video, Jim is explaining yet again how Nintendo is claiming every single video on youtube there is whenever little bit of a trailer is played. Freaking TRAILER. And not Let's Play, not Let's Watch, no no no. Reviews, reactions to trailers, even non-monetized blog videos (which Jimquisition basically is). Imagine you would have to watch an add on these forums just because someone mentioned "Nintendo" in their post.

If Nintendo goes and claims 2 hours of podcast on youtube just because 10 seconds of a trailer was played it's just ridicoulus.

Then just stop making Nintendo Videos. Where is the problem?

[Cosmic Janitor]

1) fair use does not apply to lets plays
2) fair use is an US only thing. Nintendo is a Japanese company.

Fair use applies to an american service that american youtubers use and watch in america. If they would block these videos in Japan then you'd have a point.

The only reason why nintendo gets away with it is because youtube doesn't give a shit about it's contend creators, as everyone who isn't in the multi-million subscriber range can be replaced easily.

[Tech614]

Fair use applies to an american service that american youtubers use and watch in america. If they would block these videos in Japan then you'd have a point.

The only reason why nintendo gets away with it is because youtube doesn't give a shit about it's contend creators, as everyone who isn't in the multi-million subscriber range can be replaced easily.

Or Nintendo gets away with it because Google is not going to get into a lawsuit fight with them over a case that could go either way depending on the judge and who throws the most resources at the case?

You should look up the definition of fair use, because this clearly has never been a clear and cut case of it with Nintendo, ever. Even when simply using cuts of their trailers they have their trailers up on their own youtube channel which they make revenue off of.

If people like you would stop feeding entitled youtubers this bologna maybe they would figure out what any sane person already knows. If Nintendo doesn't want you promoting their shit, then don't promote their shit. You have like 1,000 different publishers to cover in the video game world have at it.

[Deleted]

How about you watch that video atleast once ? Or read my entire post instead of quoting last part ?

In said video, Jim is explaining yet again how Nintendo is claiming every single video on youtube there is whenever little bit of a trailer is played. Freaking TRAILER. And not Let's Play, not Let's Watch, no no no. Reviews, reactions to trailers, even non-monetized blog videos (which Jimquisition basically is). Imagine you would have to watch an add on these forums just because someone mentioned "Nintendo" in their post.

If Nintendo goes and claims 2 hours of podcast on youtube just because 10 seconds of a trailer was played it's just ridicoulus.

it is THEIR trailer.
They made it, they paid for it.

They can do with it as they please.

You are not entitled to the right to use it in YOUR shit as you please.

Not gonna argue with someone that seems to suck the dick of a retard like jim, but you sure seem to love crying about how his vids arent monetized while conveniently hiding that he gets paid out the ass on patreon for them.

Is it stupid for nintendo to do this? Probably.

But it is their full right and you dont have a say in the matter.

Dont like it? Then stop making videos about them. They dont give a fuck. But we both know pissbabby jimbob is just a clickbaiting dipshit so he cant help himself making anti nintendo vids.

Didnt he already claim he was gonna stop talking about them, months ago?

[rad586]

it is THEIR trailer.
They made it, they paid for it.

They can do with it as they please.

You are not entitled to the right to use it in YOUR shit as you please.

Not gonna argue with someone that seems to suck the dick of a retard like jim, but you sure seem to love crying about how his vids arent monetized while conveniently hiding that he gets paid out the ass on patreon for them.

Is it stupid for nintendo to do this? Probably.

But it is their full right and you dont have a say in the matter.

And with the bolded part you just proved you didn't even read my first post where in bolded letters I've said that he gets paid on Patreon for them.

Unless your IQ is so low you can't understand what someone is writing / telling you.


The copyright law works both ways. Fair use clause included. No one gets to pick what parts work and which parts don't.
No one dares to pull this shit with TV companies. Even though they play trailers or even parts of the movie itself when they are talking about said movies. Same with games.

The only reason Nintendo gets away with this on YouTube is because Google is too lazy.

[Tech614]

And with the bolded part you just proved you didn't even read my first post where in bolded letters I've said that he gets paid on Patreon for them.

Unless your IQ is so low you can't understand what someone is writing / telling you.


The copyright law works both ways. Fair use clause included. No one gets to pick what parts work and which parts don't.
No one dares to pull this shit with TV companies. Even though they play trailers or even parts of the movie itself when they are talking about said movies. Same with games.

The only reason Nintendo gets away with this on YouTube is because Google is too lazy.

You clearly don't understand what you're talking about when you bring TV into it.

Call me when Nintendo has a TV channel making ad revenue.

[rad586]

You clearly don't understand what you're talking about when you bring TV into it.

Call me when Nintendo has a TV channel making ad revenue.

Trailers played on TV channels are also available on YouTube on channels that are making add revenue for companies that made said movies/games/etc.

You can't just isolate TV from YouTube in copyright discussion. TV stations are, after all, issuing copyright claims on recorded videos of their transmissions which are posted on YouTube.

Like I said, copyright law works both ways.

[Tech614]

Trailers played on TV channels are also available on YouTube on channels that are making add revenue for companies that made said movies/games/etc.

You can't just isolate TV from YouTube in copyright discussion. TV stations are, after all, issuing copyright claims on recorded videos of their transmissions which are posted on YouTube.

Like I said, copyright law works both ways.

When you're trying to backseat law people and you didn't even read the law you're trying to talk about...

Take lesson kiddos, don't do this.

[rad586]

When you're trying to backseat law people and you didn't even read the law you're trying to talk about...

Take lesson kiddos, don't do this.

Pot calling kettle black.

If you're such an expert in copyright law, please, educate us.

[Orange Joe]

And with the bolded part you just proved you didn't even read my first post where in bolded letters I've said that he gets paid on Patreon for them.

Unless your IQ is so low you can't understand what someone is writing / telling you.


The copyright law works both ways. Fair use clause included. No one gets to pick what parts work and which parts don't.
No one dares to pull this shit with TV companies. Even though they play trailers or even parts of the movie itself when they are talking about said movies. Same with games.

The only reason Nintendo gets away with this on YouTube is because Google is too lazy.

You do know this is because TV companies have permission to air said content right?

[Low Hanging Fruit]

If Nintendo gave me affordable options to play all the classic games I would. But honestly they don't. They cherry pick certain ones for the store and over charge for it. Then they release a limited number of a classic system just to make it news. For that reason I emulate a ton of SNES and NES titles. I mean I would love to have a classic collection of actual games and systems but I am not going to spend thousands of dollars to build one. Nor am I interested in the limited selection from the shop for when the newer systems release them. Although I would lie if I didnt have a few.

[Cosmic Janitor]

Or Nintendo gets away with it because Google is not going to get into a lawsuit fight with them over a case that could go either way depending on the judge and who throws the most resources at the case?

You should look up the definition of fair use, because this clearly has never been a clear and cut case of it with Nintendo, ever. Even when simply using cuts of their trailers they have their trailers up on their own youtube channel which they make revenue off of.

If people like you would stop feeding entitled youtubers this bologna maybe they would figure out what any sane person already knows. If Nintendo doesn't want you promoting their shit, then don't promote their shit. You have like 1,000 different publishers to cover in the video game world have at it.

They litterally claim 10 second clips in reviews, reports or pretty much anything. These are explicitly allowed. In any other medium they don't give a shit. Heck on other online platforms they don't act like that. It's all down to youtube giving them this automated tool and Nintendo using it with absolute disregard to the law. It would be great if people like you would stop crawling up nintendo's ass.