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NewsResults of poll (self.Warthunder)

CEOAntonYudintsev が 投稿

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[–]CEOAntonYudintsev[S] 29ポイント30ポイント  (23子コメント)

Well, it is copyright claim. We have our rights to our game, and people can not use it to promote 3rd party (and illegal) software. It is exactly copyright issue.

We have released public license, allowing youtubers to make all videos they want and monetize it, if such videos do not violates simple rules (EULA). Otherwise our license is violated, so it is copyright claim.

[–]Ich bin ein YouTuber!Hirumaru 0ポイント1ポイント  (22子コメント)

Except he wasn't actually promoting use of such software. Try arguing that in court and the judge will scold you for wasting their time.

Second, your EULA can not infringe upon Fair Use. Discussion of cheaters, the very existence of cheats, and how it affects players of your game is protected under Fair Use. Same as criticism of your game. You can't silence critics, nor do you have any legal clout to tell people they can't talk about cheaters or how they affect the game.

The EULA is a contract, tied to your ACCOUNT. Copyright is actual law, and abusing DMCA because of a EULA violation is not legally valid. You can ban his account, but you can not legally strike his channel.

[–]CEOAntonYudintsev[S] -1ポイント0ポイント  (21子コメント)

Discussion of cheaters, the very existence of cheats, and how it affects players of your game is protected under Fair Use. Same as criticism of your game. You can't silence critics, nor do you have any legal clout to tell people they can't talk about cheaters or how they affect the game.

Of course. Anyone have all rights to criticize and discuss anything at all. And make any advertisement at all of anything. It is not even "use", so of course it is fair.

The EULA is a contract, tied to your ACCOUNT. Copyright is actual law, and abusing DMCA because of a EULA violation is not legally valid.

It has been discussed plenty of times. When someone is using something (any content, including game), it is derivative work (legally speaking). There are limitations to what you can do with other's people work to be considered Fair Use - for everything else there is copyright law and license. For example, you can not just upload a movie to your youtube channel and criticize it in background. Just by saying "it is fair use" is legally speaking not making it so.

[–]Ich bin ein YouTuber!Hirumaru 1ポイント2ポイント  (20子コメント)

As well, just because you have a clause in your EULA forbidding it doesn't make it legally enforceable. I could make a EULA which states you must give your firstborn son to be sacrificed for the glory of Satan. How well do you think that would hold up in court? Not very.

You can claim that they can't discuss cheats or cheaters, but do you really think a court would hold you in high esteem for infringing upon both Fair Use and freedom of speech? Less and less in this modern age.

[–]CEOAntonYudintsev[S] 0ポイント1ポイント  (19子コメント)

As well, just because you have a clause in your EULA forbidding it doesn't make it legally enforceable.

It depends on clause.

I could make a EULA which states you must give your firstborn son to be sacrificed for the glory of Satan. How well do you think that would hold up in court? Not very.

What that example have to do with any EULA? Of course if it is not lawful than it is not legal and wouldn't hold up in court. But we don't have anything like that in our EULA.

You can claim that they can't discuss cheats or cheaters,

Of course anyone can discuss anything. I said exactly that, and yet you say completely opposite statement.

but do you really think a court would hold you in high esteem for infringing upon both Fair Use and freedom of speech?

Freedom of speech allows everyone say anything. It doesn't allow everyone to have all rights to all others IPs. Freedom of speech doesn't give you right for using parts of Holywood movie for creating trailer for your game (nor it is fair use).

If you will stream movie with you and your friend discussing it in the stream, it is still copyright violation, regardless of the topic you discuss (it can be this movie, other movie, or ex-girlfriend).

[–]Ich bin ein YouTuber!Hirumaru 2ポイント3ポイント  (18子コメント)

Of course anyone can discuss anything.

Then why were you contemplating sending a copyright strike against Phly for doing exactly that?

[–]AtomicGuru 1ポイント2ポイント  (17子コメント)

Judging by some other comments I think he's proposing Phly not include any War Thunder footage in videos in which he talks about cheaters. Which is what I believe Magz did in his video response over the poll.

I suppose the thinking is that talking about cheating while simultaneously showing the effectiveness of the cheat is akin to advertising of the cheat. I don't agree, and I think the reason Phly showcased it in the first place is the perception that Gaijin tries to cover up and deny that cheating is possible in War Thunder.

Another major thing going on here that Anton might not be familiar with is the ongoing struggle of defining fair use of video game footage with regard to 3rd party content, particularly monetized 3rd party content. You can't really apply movie analogies to the fair use of video games since the content of the video is a mix of both the developer's content and the way in which a user interacts with that content. Anton may not know that US and Japanese video game publishers have been trying to restrict the usage of video game footage in youtube videos for several years, which has resulted in increasingly angry pushback by the fans.

Personally, I think EULA violations should be handled by punishments within the game itself, rather than trying to punish the user over a platform the company doesn't own. If Anton had said they were banning Phly from War Thunder until he took the EULA violating video down I could understand, even if I didn't agree with their EULA terms. Finally, it seems to me like Gaijin would have been better off just ignoring this whole thing and handling the marginally small increase in cheaters as they already do, but Anton seems fixated on fixing something not broken.

[–]Ich bin ein YouTuber!Hirumaru 1ポイント2ポイント  (16子コメント)

/u/antonyudintsev needs to look up the Streisand Effect.

https://en.wikipedia.org/wiki/Streisand_effect

The Streisand effect is the phenomenon whereby an attempt to hide, remove, or censor a piece of information has the unintended consequence of publicizing the information more widely, usually facilitated by the Internet. It is an example of psychological reactance, wherein once people are aware something is being kept from them, their motivation to access the information is increased.

[–]CEOAntonYudintsev[S] 0ポイント1ポイント  (15子コメント)

There is a huge distance between censorship and promotion.

I would very appreciate if everyone in youtubers community would be smart enough to understand their responsibility for not promoting cheating.

The guy who has been promoted by that video would be banned anyway in a about a month, but noone will care, the harm is already done.

And making video with showcasing how to use "markers cheat" effectively is irresponsible anyway.

And I am not talking about legal details, violation of license, and potential copyright violation claim and risks to the channel. I am saying it is just irresponsible for community.

"With great powers come great responsibility", and hundreds thousands of subscribers is power.

Using it for putting pressure on developers can be seen as resonable, because they are lazy asses and everything, but in this case it can not motivate developers to do anything useful, or doing more than we already doing in that matter to be effective.

Currently the most popular request is "don't do anything, you were doing great with cheaters, why should you change anything at all", but what people do not understand that what we were doing in that regards is working only if we can continue ban waves with the same frequency. If we are forced to do it more often, than we will loose our tool (both technically, cause bad guys will start figure out how we do what we do more faster; and rational, cause in ftp game the only penalty coming with ban is amount of time invested).

So if we are supposed to "not change anything" community should accepted their responsibility as well. If people thing of that as "censorship" - than ok, we don't want to be evil. We will address the issue other way - making server visibility more effective (since introducing markers is not an option for majority, ~60).

[–]Ich bin ein YouTuber!Hirumaru -1ポイント0ポイント  (14子コメント)

I would very appreciate if everyone in youtubers community would be smart enough to understand their responsibility for not promoting cheating.

YouTubers would appreciate it if the CEO of Gaijin was smart enough to understand the difference between promoting cheating and discussing cheating.

Now stop insulting everyone, you arrogant, paranoid fool.

"With great powers come great responsibility", and hundreds thousands of subscribers is power.

Yes, the power to CALL YOU OUT to do something about all the cheating, perhaps. That's what really irks you about this, doesn't it? That so many people are now aware that the company line of "there are no cheats in War Thunder" is bullshit. That there is now a pressure on you to do something about it.