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  • I wanted to talk about a little bit more on some of the reactions to uh

  • what happened I'm by no means trying to stir up any more of it and

  • ultimately this is my fault I'm the one

  • responsible and the more time that passes the more and more I realized how wrong I was but a lot of people's

  • outrage or uproar about it was pretty interesting maybe you saw this tweet but it's from Sean Vann -

  • whatever - "We're filing a DMCA takedown of PewDiePie's Firewatch content and any future Campo Santo

  • games". Followed by "There is a bit of leeway you have to have with the internet when you wake up

  • every day and make video games there's also a breaking point". "I'm sick of this child getting more and more chances to make money off

  • what we make". For those who don't know a DMCA claim is

  • basically a Copyright strike. Umm

  • It's like a legal action towards your channel. It's a pretty big deal if I get more than three of them then - um -

  • my channel will shut down. So you could say this is an attack on

  • me, my livelihood. So it seemed more than just

  • grandstanding. This seems more like an attack to me. Uh, he also followed with: "I urge other developers and will be reaching out

  • to folks much larger than us to cut him off from the content that has made him a millionaire".

  • So basically urging other people to do the same I don't know a lot of people aren't really sure about Let's Plays

  • It's sort of like a gray area in legal terms, because it's not like we owned the game. We don't own

  • direct licence to it and I don't think technically we can sell

  • the video

  • with us in it and there hasn't really been a trial that tests this as well. There hasn't really been a trial that confirms

  • "Yes, Let's Plays are protected by fair use you can't do

  • copyright takedown claims on them". But generally there hasn't been a case because developers

  • uh, benefit

  • massively from Let's Players or streamers this is pretty commonly known

  • eh,

  • Minecraft Is a billion dollar

  • title because of streamers, largely because of streamers and YouTubers.

  • Same thing you know PUBG, I don't think It probably would not be even nearly as big without streamers and

  • developers know this. This is pretty commonly known and that's why even

  • though, yes we are making money through your game it's still seen as something positive

  • but it is sort of interesting to me this case in particular because Sean's game is very much

  • probably the most linear game

  • in question. You know, out of all games that could have been

  • talked about you know to me it's really interesting how

  • a game like Firewatch talks about this

  • in a way like this because Firewatch Is an extremely linear game it's almost like a walking

  • simulator. It's not a bad game, I quite enjoyed it, but

  • arguably if you play Call of Duty and someone else play Call of Duty you're gonna get a completely different experience

  • almost no matter what

  • but if you play Firewatch

  • you're probably gonna have the exact same experience no matter who plays it, so you could say "okay, well what's the difference between

  • playing the game yourself rather than just watching someone else play it then" and ya, no, it's a fair point

  • and I think especially with Firewatch in mind. Personally I think either way is wrong. You're bringing in more attention to the game. People

  • generally want to play the games themself almost no matter what. Even games that are pretty much just a

  • story base where you click through and read people want to play themselves and Firewatch compared to other walking simulators like the Walking Dead or

  • Life is Strange it doesn't really have choices that leads to different outcomes or different endings so it's it's it is very

  • much on the line and I think there was some controversy as well with this game in the past because people

  • refunded the game because it was so short and

  • they didn't like the ending and people were streaming it so they were just worried that people were just watching it instead of buying it

  • So I think it's you know out of all people to come out of make a statement like this I think it's interesting that

  • this is the developer that did it. That's pretty much my point here "furthermore we're complicit and

  • I'm sure we made money off the 5.7 million views that video has and that's something for us to think about". now

  • Let's get into the meat of this

  • Lot of people are saying I've seen a lot of tweets saying

  • they're not abusing Copyright laws Let's Plays because Let's Plays aren't fair use.

  • Get over it. I can't say for certainty that it is protected against fair use

  • but I'm fairly certain and most

  • legal expert's would say the same. There are some arguments against it but if you watch my video you know that I'm adding my

  • commentary to it I'm giving my insight to it whoever watches me play it is gonna experience it

  • differently than anyone that plays it themselves. That's just how it is. There was an interesting article about this as well

  • saying "Having seen some of Pewdiepies Firewatch Let's Play video it

  • definitely would appear to be protected by fair use. The fact that Vanaman directly and publicly admits that he's not

  • taking the video down for any valid copyright reason but rather because he thinks Pewdiepie is a "propagator of

  • despicable garbage" doesn't help Vaenaman's case at all,

  • rather it gives Pewdiepie a lot more leverage to claim that any such take down would be abusive and possibly even a violation of

  • DMCA's against misrepresentations.

  • I've also seen other legal experts

  • claiming that the video isn't protected by fair use Let's Plays aren't protected by fair use

  • No one can really say for certain, that's why it's a gray area.

  • There are other legal experts saying that Let's Play's aren't legal "Firewatch DMCA's are

  • legal dev's can easily destroy Youtube channel and the law isn't how you want it listen here". The thing though that a lot of people

  • pointed out shortly after these tweets were made

  • was that

  • they have a stream policy on their website. This is literally if you go to Firewatchgame.com/about.

  • It says "can I stream this game can I make money off of those streams?". "Yes.

  • "we love that people stream and share their experience in the game. You are free to monetize your videos as well". So people

  • pointed this out but

  • there's still arguments against saying "it doesn't matter because Let's Plays still aren't fair use

  • so they can do whatever they want". And I would - I would agree because basically Sean said he will

  • he will strike down any one of my future Let's Plays and the current the past one, but the thing is

  • that doesn't mean he can go back and revoke from the old one. Do you know what I'm saying?

  • Basically Sean has the right to strike any video that I upload from this point because he's publicly said that

  • that's what he's gonna do but you can't retroactively let go and say you know what I'm revoking this license

  • because you are a racist garbage or whatever. That's not how DMCA work and I'm pretty sure

  • that in that form of selection bias is not gonna hold up in court imagine if

  • I made some

  • artwork and I told people "hey you're free to use his artwork go ahead everyone"

  • people start using the artwork and then I point to some people

  • and I say "no" and file a copyright law

  • dispute against that. Doesn't really add up does it? So regardless if

  • Let's Play is fair use or not this argument of claiming my video is incorrect. Most likely if my

  • video gets striked I can't really do anything about it, Youtube really doesn't

  • they're sort of washing their hands around these copyright things, they kind of want

  • to leave out of it, I mean they've been sued enough so it sort of makes sense. I imagine if a case like this toes to court then there's not gonna be much leverage for it.

  • If anything it would be a huge waste of time and money for Sean and his developing team. When I saw these tweets I

  • immediately privatized the video out of respect for his request

  • but

  • my video got claimed anyway. They got the strike anyway, which is pretty disappointing

  • to be honest. As far as I'm concerned I didn't use any abusive language in this video.

  • I didn't do anything that I think would be considered offensive. This video was uploaded as far as I know two years ago and I

  • gotta say I'm pretty disappointed.

  • Also in people defending this that I know personally have had problem with DMCA request -

  • take down requests as well. Whether you like me or

  • Mr. Vanaman, these laws are made to for people to take down content and whenever there's power to do

  • so it's going to be abused and especially when the reason to take down the content has nothing to do with copyright

  • it's

  • it sort of shows that. I think these laws are important

  • for people, for artists to protect artists work and what they do and

  • I think and that's why I think it's really dangerous to make these sort of claims and to do these sort of copyright claims for

  • no real valid reason, no matter what you think of me. If you have a problem with any content online or any video being up

  • you're are free to tweet me I will probably see it and

  • I will respect that request. I did get a

  • request from another developer asking the same thing "hey can you delete this video" and I did and I wouldn't have any problem

  • to have done the same with this video

  • I have a huge amount of respect for developers and what they do. I know my

  • work would not have been possible without them and

  • that's why I would never go against that. I could probably fight this in court and I would probably win

  • but I decided to just delete the video and not waste everyone's time more about this.

  • Like I said, this - everything about this was my fault the

  • whole drama I'm the one starting it but I still think it's an interesting

  • discussion to talk about and I think it's important that we don't abuse these laws because they exist to protect artists not to

  • make any form of censorship or

  • abusive claims. This video is not meant to attack Sean or his development team or anyone

  • I just think it's important to talk about these things. Like I said, I thought Firewatch was a really great game and

  • I wish him all the best in the future with their next title.

I wanted to talk about a little bit more on some of the reactions to uh

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