UESP Forums

You don't seem to understand how fair use laws work though (and neither do a good deal of "large" YouTube channel owners), nor how they play into how YouTube handles things, nor how they relate to video games (because it is kind of a grey area given that game streaming is a relatively new concept as opposed to, let's say, playing music in a public place). U.S. laws fall by precedent a majority of the time, and this includes federal copyright laws. There's no such thing as a magic word or phrase that you can use to declare your video or work to fall under fair use, because Fair Use is largely subjective. It's not a checklist of little boxes you have to mark off in order to be fair use compliant; fair use is considered on a case-by-case basis and is based on the interpretation of a judge.

Bear with me here, because this IS related to the topic given that it's about general gaming, and YouTube has seen a lot of growth as a streaming channel for that very purpose.

Fair use is decided by the following four points, or 'doctrines':

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes: Works are judged on if they are 'transformative' or not, if they add new meaning to the original, and if they are uploaded for profit. A straight up silent playthrough of a game is far more likely to be stricken than one where commentary is involved and often tangential to the gameplay; which is how people like the Game Grumps, Markiplier, VideoGameDunkey, Cr1tikal, PewDiePie, or JackSepticEye get away with the Fair Use Defense when they play Nintendo Titles.
2. The nature of the copyrighted work: Factual works are more likely to fall under fair use than fictional ones. Video games are in a precarious position here for obvious reasons, because even a game that takes place on an entirely factual basis can still be construed as 'fiction' because the law still doesn't really know HOW to define video games. They're much harder to frame than a song or painting.
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole: This is why you can't upload the entirety of movies onto YouTube, but can use small clips. However, to use Star Wars as an example, iconic scenes such as the "I am Your Father" are more susceptible to fair use strikes because they can constitute the 'heart' of the work than lesser known scenes like Uncle Owen and Aunt Beru fussing about how that boy ain't right over their cups of blue milk.
4. The effect of the use upon the potential market for, or value of, the copyrighted work: Again, this is why you can't upload the entirety of movies onto YouTube. This doesn't often apply to games with gameplay uploaded to YT, because watching and playing are two very different things.

Giving credit to the author ("I do not own", "All credit goes to", etc), disclaimers, claiming entertainment or non-profit use, or adding some original content are not magical shields against copyright strikes, and people need to realize that.

What happens on YouTube isn't exactly copyright infringement or the ruling thereof. YouTube isn't a court room, you can't go off and just sue a channel for uploading something that violates fair use. The owners of concerned content (who have certain rights as copyright holders and are entitled to said rights) have to contact YouTube and justify to them how the concerned video violates fair use, and prove that they have done adequate analysis. When YouTube takes something down, it's not because they brought the case to a court and had a judge decide; they decided for themselves on the case and then took it down themselves to avoid lawsuits (of which they face many a year).

Do I think that it's perfect? No, of course not, but I have to stress again the sheer magnitude of stuff on YouTube. Even if you don't count the people who upload absurdly long videos up to the site for the comedy factor, there is enough content for a single category alone on that website to span several lifetimes of constant viewing. You cannot, and I mean literally cannot expect any human or collection of humans to comb through that much content in a day without automated assistance.

Do I think that copyright holders are always rational about this? Hell no, I hate how Nintendo has attacked people over fair use and killed off popular fan games over the years and et cetera... but at the end of the day, it's their copyright and they are entitled to the manipulation of it, because that's how the law works and they deserve that as owners of an intellectual property.

TSD, spewing hyperbole and passing it off as fact like you do doesn't change that. YouTube is complying with the law, and if you are using someone else's intellectual property to pursue monetization, then you are responsible for making sure your content is not liable to violate fair use.

Copyright Laws may suck sometimes, of course, but it's a large part in how artists protect their already paltry livelihoods. For every Nintendo takedown, there's a small indie firm whose game's story is being broadcasted by a massive gaming channel; I can only imagine how many potential purchases of games like UnderTale were deterred because it was just easier to watch a thing. For every Prince takedown of his works being used, there's a little garage band whose new single that barely has 1,000 hits on Spotify has just been put into a major gaming channel's new intro without giving credit to the recording artist, netting them nothing because copyright is not being followed. Without laws like that, artists and video game developers alike would be much more susceptible to exploitation, and would be n a less stable state overall.

Just think about that before you blindly follow the rhetoric people spew all the time.

Sources: YouTube's policy on Fair Use, United States Copyright Laws, literally studying this for years as a significant part of my major (Music Business).
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Shadow of Mordor/War might be like okay/passable games (I think the Assassin's Creed-esque style of game is beyond tired and needs to die sooner rather than later unless someone other than Rockstar learns to do it well), but they are completely abysmal adaptations of Tolkien's work and universe and could easily have just been in their own settings.

All I want is a game set in Middle Earth that doesn't explicitly follow the Fellowship to the letter and is actually good. The Third Age was kinda like that but there could be more original storylines than just following in the wake of the Fellowship. War in the North was a good step in the right direction, but as an actual game it wasn't the best.

Them being highly rated games is cool and everything, but the interpretation of Middle Earth in SoM violates the lore and themes of LotR on a fundamental level when they present generic white stubbleguy Talion as a half-wraith.

Remember that huge thing about The Gift of Men being death? Remember how important that was to their susceptibility to the ring's corruption, how important it was to making them special in contrast to the elves, and how it was essential for even small scale interactions like Arwen's despair over her love for Aragorn?

I just think about stuff like this a lot, and Middle Earth has yet to see justice in a video game as far as I see it, because everyone goes for the all SWORDS AND RINGS N' [&@%!] part of it rather than the virtues and themes. Those things have their place and I am all about the awesome fights, but they're not the most important thing. Middle Earth deserves a good game up to the detailed storytelling quality standard of something like Dragon Age or The Last of Us.

If you can't tell, I'm not psyched about Shadow of War in the slightest.

I kinda agree that AC and their clones need to take a break due to them kinda being filled with collectibles as side content. Granted, I do enjoy most AC games. Shadow of Mordor was the first proper decent game for Middle Earth but it was really pushing the lore. Shadow of War seems to take a sledgehammer to it. I mean, Shelob as a woman instead of a giant friendly interesting spider? Who doesn't want that? Heck, rip off Queelag of Dark Souls if they want fanservice. Mini-Balrogs with glowy weakspots? Really? Talion as a half-wraith is interesting but the ending of SOM was erm.... what the heck was it? It's really forgettable and worse, QTE. Why put QTEs in a game that has a valid combat system?

I enjoyed the third age(this was waaaay before i got into RPGS) but it was fanfiction. Good fanfiction though fighting the eye of Sauron was just stupid. It also made no sense and should have just been a bonus boss instead of the final one. A Dragon Age Origins type game would be excellent for LOTR. Or a Mass Effect type game. Sadly, it seems that EA and now, Warner Bros are obsessed with setting it near/on/in the film trilogy universe and whilst that is ok, imagine what a decent developer could do with it if they were allowed to retell the entire trilogy.(with it being extended for gameplay reasons, quests etc..)

It is quite surprising that we did not get a game based on the Hobbit films(though that may be a good thing due to the films having their own set of issues and would likely be a mess in game form).

On a bit of a different topic, What. The. [&@%!]. EA? LOOTBOX PROGRESSION!? Is that really the future of gaming? Paying to win? Guess I won't even attempt to get SW:BF 2.(4 because I am that petty and to me, it is always gonna to be SWBF 4) but come on, really? It's Star Wars. What's wrong with natural progression?

Darn it, this is why I am a moody old [&@%!] when it comes to gaming nowadays. Stop making me be Old Man Dovah. I have half a mind to start a written series called Old Man Dovah rants:*insert topic* .

Anyone here played Stardew Valley?

Also, would be really cool if all games came with a demo or free trial. Youtube is good for seeing what the gameplay is like, but doesn't give you a proper feel for something. And no one wants to waste their money.

My sister played it. And played it and played it and played it. I think my mom played it for a while, too... I've heard good things, anywho.

Sounds popular!
Yeah, the reviews seem to be positive. One thing I'm wondering is if it has any of that lengthy waiting for things to grow/build/cook, or whatever. Not sure if you actually build or cook anything, tbh, but those waiting times in farming type games are a real fun flop.

I'm kinda getting into it.

...possible Moon & Star episode.

Question.. But how would an XCOM2 style of game work, for say.. Star Wars(Original trilogy). I mean, I could see it.. Nobody thought a top-down strategy game for Halo could work or Hyrule Warriors could be a thing

I just discovered that xbox are cheeky in that in order to play a previously downloaded free games with gold game, you have to have an active gold subscription, which is annoying as mine has now run out, and I don't intend to renew, as the free games are commonly too hack n slash for my liking, but it means that my half way through game of The Turing Test cannot be played.

A question for you Stardew Valley players...
I got a map with my copy of the game and there is a bit on it they've named 'Wilderness'. On the map below, it's the area full of trees between the farm and Pelican Town.
Can you go in this section? I've looked about and can't see any access, but it does seem strange that in the whole chunk of map this is a fairly large section that is inaccessible, and that they also named it on the map.
https://www.google.co.uk/search?source= ... LtM2nWdKRM:

It could. Not as Jedi vs Sith stuff as everyone expects full on lightsaber battles and well, XCOM loves it's [&@%!]. XCOM with Jedi and Sith would be pure XCOM [&@%!] at 100% because the force and XCOM should never meet. But as a small organisatin with normal troops and....

It's Star Wars, it would be hard to pull off without Jedi and Sith being involved. *sighs*

Who said anything about going Old Republic on this game? Star wars isn't just about with and jedi, hell, there are plenty of badass examples without either. Insert any and every example of the arc troopers in action(Clone Wars 2003?) No, what I'm talking is the good ole underdog story, playing as the rebels vs the vastly superior Empire. Admit it, it could work. Not to mention all those elite and boss enemy options. Death troopers? Royal guards(ya, they're more than just for show)? Any number of loyal(or conquered) alien species? Even dark Jedi/assassins? Mandalorian for hire? No sith tho.. Can't have that. We can have splinter-rebel groups that border on the extreme, ya, sure, we can have that(friend or foe? Ya or nay?)

Plus, between canon and the extended comics, there are more than plenty of ideas to recycle

It's... Super easy to pull off Star Wars without Jedi and Sith. There's more to Star Wars than lightsabers. Look up Republic Commando.

Dude... Don't even start with that Republic Commando.. Your gonna give me a nostalgic coma

I know that but a lot of people automatically assume it needs Jedi and Sith. I would love for a proper 501st legion game. Battlefront 2(not Lootbox 4) had a rather meh campaign about it but if done properly, could be a decent shooter. Sadly, we will never find out what 1313 could have been. Uncharted in Space? Why was that cancelled? Sure, cloning Uncharted but it's Uncharted. It's a darn good game to clone/use a template. *sigh* We're getting nothing but whatever EA can milk out of the license, aren't we?

Or are you just presuming everybody else does? Bc frankly speaking, the first thing to come across most people's minds when they hear star wars is giant space battles, lasers, 'glowing swords', some dude in a black outfit with asthma, and the Death Star

By the way, anybody playing Monster Hunter World?

It's labelled "Wildlife!" on my map. I think it's just there for flavour.

All the new/hidden areas I've found so far have had access points that were fairly easy to spot even since the start of the game - but as you say there's no visibly obvious way in for this area.

Or maybe there is access through the Ranch, but you need to be BFF with the Ranch owner first?

I remember now, it said Wildlife on mine too, not wilderness.
Yeah, flavour sounds like the reason it's there, rather than it being accessible. At least now I know I've not been missing out on an area.

Yes, maybe the ranch has a door! I think I remember a back door in Marnie's house that said 'locked.'
Good thinking! Maybe she'll be getting some gifts coming her way now.

I'm surprised you can't go to the woods section to the left of the wizard's house (the place you go for the Flower Dance), but perhaps that will be revealed at some point.
(Maybe that's a friends with the wizard thing too).

There's that little square of trees with a fence round, just a tad North of the Blacksmith's that you can enter by a third but then there are little perma-rocks blocking you. It's odd though because I've seen foraging items and those wiggly worms in there, but you (afaik) can't reach them.

Thanks!

I really want to see more Star Wars starfighter games. Not the game, just space fighters. I mean, there has to be a ton of reasons to do so. I just want more space combat games in general.

So there is an entire argument in favour of lootboxes, microtransactions etc... and it is due to the cost of game development rising. I heavily disagree because erm.... well, most of the triple A publishers tend to spend millions on marketing and then wonder why the cost has risen.

There needs to be another Deadpool game.

Bruh, Star Wars Battlefront 2 i.e the original. Space combat? Well.. not as glorious as you would hope.. but it"ll scratch that itch if your playing multiplayer.

Then again.. I always used the bomber and boarded the main ship for that maximum damage

I'm a space fighter Specialist in Bf2! I'm way better with that than the ground. I'm always in a fighter. A-Wings are my babes

Okay that door in the ranch leads to...

Also the Wilderness Map has had an 11th hour reprieve. Turns out that later on in the game you can turn the monster spawning 'off' - so getting rid of the monsters permanently sort of becomes part of the 'Main Quest'. Anyway I used a Wilderness Farm for my JojaMart playthrough and it's now my second favourite SV map.

Having said that - I'm not convinced that SV has much in the way of replayability so I think it will going back to the shop shortly.

You know what type of attack really needs to fade away? Or not spammed at least? Teleportation spam. Most of the time, it is tedious to fight and cheap. Dragon Age:Inquisiton had teleportation spam demons. DMC3 has the reaper teleportation spam(Granted, easy to dodge most of the time and is more of a cheap shot move then a real threat) but I hate teleportation spam as an attack. Most of the time, it's just cheap bull.

Come to think of it, I've yet to see it done right. The closest I would say is DMC3's Vergil and even then, that can be spammy.

I am really hating the timed exclusive betas stuff. No, not you, Beta. Beta etc... you all know that joke. Worse, it seems to have replaced demos. Granted, most of the time, it is for server testing but come on. Be more creative with marketing.

C&C is back! (I've heard it is THE game for Strategy) It's also a [&@%!] mobile game. It's also done by EA. I know it's waaay too early to judge it but erm... it's EA. They did this with Dungeon Keeper and C&C is their next target.

I got Fallout 4 a, while back, but have only played it for a few hours.
I just looked up mods though, that I previously didn't install because they disable achievements, but I reckon I would enjoy the game a lot more with some cheats in place. Namely, unlimited ammo. One thing I'm never keen on in these sorts of games is having a [&@%!] gun or running out of ammo.
I don't find it fun to move stealthily around whilst trying to replenish ammunition.
I just want to explore, pick up stuff and dispatch of baddies without worrying about ammo and such.
Plus, if i'm doing the cheat mod, I might as well do the official patch and some others I intended to add.

What I do in Fallout is to buy as much ammo as I can from traders, at least until I've got a decent stockpile myself. Ammo is normally weightless so stock up. I am currently rolling with 1,000+ rounds for each of my sniper rifle, shotgun and laser-rifle-thingy.

Though if you're only a few hours in I guess you might not have found a trader yet.

If you search the general area...
...you should find one.

Anyone else here a fan of Star Wars Battlefront 2 (2005)?

That game is my Number 1 childhood friend.