WEBVTT Kind: captions Language: en-IE 00:00:00.000 --> 00:00:04.859 I wanted to talk about a little bit more on some of the reactions to uh 00:00:06.279 --> 00:00:10.169 what happened I'm by no means trying to stir up any more of it and 00:00:11.200 --> 00:00:14.460 ultimately this is my fault I'm the one 00:00:15.580 --> 00:00:23.189 responsible and the more time that passes the more and more I realized how wrong I was but a lot of people's 00:00:23.410 --> 00:00:30.389 outrage or uproar about it was pretty interesting maybe you saw this tweet but it's from Sean Vann - 00:00:30.820 --> 00:00:37.950 whatever - "We're filing a DMCA takedown of PewDiePie's Firewatch content and any future Campo Santo 00:00:38.320 --> 00:00:43.230 games". Followed by "There is a bit of leeway you have to have with the internet when you wake up 00:00:43.930 --> 00:00:50.249 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 00:00:50.250 --> 00:00:53.969 what we make". For those who don't know a DMCA claim is 00:00:54.520 --> 00:00:56.520 basically a Copyright strike. Umm 00:00:57.100 --> 00:01:03.570 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 - 00:01:05.019 --> 00:01:08.669 my channel will shut down. So you could say this is an attack on 00:01:10.150 --> 00:01:13.589 me, my livelihood. So it seemed more than just 00:01:15.460 --> 00:01:21.839 grandstanding. This seems more like an attack to me. Uh, he also followed with: "I urge other developers and will be reaching out 00:01:22.340 --> 00:01:26.520 to folks much larger than us to cut him off from the content that has made him a millionaire". 00:01:27.030 --> 00:01:32.759 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 00:01:33.310 --> 00:01:40.140 It's sort of like a gray area in legal terms, because it's not like we owned the game. We don't own 00:01:40.390 --> 00:01:45.119 direct licence to it and I don't think technically we can sell 00:01:45.759 --> 00:01:46.780 the video 00:01:46.780 --> 00:01:53.460 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 00:01:53.799 --> 00:01:58.349 "Yes, Let's Plays are protected by fair use you can't do 00:01:58.600 --> 00:02:03.839 copyright takedown claims on them". But generally there hasn't been a case because developers 00:02:04.659 --> 00:02:06.070 uh, benefit 00:02:06.070 --> 00:02:11.039 massively from Let's Players or streamers this is pretty commonly known 00:02:11.819 --> 00:02:12.549 eh, 00:02:12.549 --> 00:02:14.549 Minecraft Is a billion dollar 00:02:14.620 --> 00:02:18.720 title because of streamers, largely because of streamers and YouTubers. 00:02:19.240 --> 00:02:26.320 Same thing you know PUBG, I don't think It probably would not be even nearly as big without streamers and 00:02:26.500 --> 00:02:29.640 developers know this. This is pretty commonly known and that's why even 00:02:29.980 --> 00:02:34.920 though, yes we are making money through your game it's still seen as something positive 00:02:35.319 --> 00:02:41.339 but it is sort of interesting to me this case in particular because Sean's game is very much 00:02:41.739 --> 00:02:43.858 probably the most linear game 00:02:45.159 --> 00:02:50.279 in question. You know, out of all games that could have been 00:02:51.459 --> 00:02:54.539 talked about you know to me it's really interesting how 00:02:55.659 --> 00:02:58.888 a game like Firewatch talks about this 00:03:00.400 --> 00:03:05.400 in a way like this because Firewatch Is an extremely linear game it's almost like a walking 00:03:05.650 --> 00:03:08.849 simulator. It's not a bad game, I quite enjoyed it, but 00:03:09.340 --> 00:03:16.619 arguably if you play Call of Duty and someone else play Call of Duty you're gonna get a completely different experience 00:03:16.959 --> 00:03:18.609 almost no matter what 00:03:18.609 --> 00:03:20.560 but if you play Firewatch 00:03:20.560 --> 00:03:27.030 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 00:03:27.400 --> 00:03:33.179 playing the game yourself rather than just watching someone else play it then" and ya, no, it's a fair point 00:03:33.540 --> 00:03:40.440 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 00:03:40.599 --> 00:03:45.478 generally want to play the games themself almost no matter what. Even games that are pretty much just a 00:03:45.940 --> 00:03:53.609 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 00:03:54.639 --> 00:04:02.189 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 00:04:02.530 --> 00:04:09.329 much on the line and I think there was some controversy as well with this game in the past because people 00:04:09.849 --> 00:04:12.418 refunded the game because it was so short and 00:04:12.970 --> 00:04:19.499 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 00:04:19.930 --> 00:04:25.330 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 00:04:25.790 --> 00:04:31.060 this is the developer that did it. That's pretty much my point here "furthermore we're complicit and 00:04:31.370 --> 00:04:39.309 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 00:04:39.610 --> 00:04:41.800 Let's get into the meat of this 00:04:42.500 --> 00:04:45.370 Lot of people are saying I've seen a lot of tweets saying 00:04:45.650 --> 00:04:50.949 they're not abusing Copyright laws Let's Plays because Let's Plays aren't fair use. 00:04:51.830 --> 00:04:56.439 Get over it. I can't say for certainty that it is protected against fair use 00:04:58.550 --> 00:05:00.759 but I'm fairly certain and most 00:05:00.980 --> 00:05:07.809 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 00:05:07.940 --> 00:05:14.410 commentary to it I'm giving my insight to it whoever watches me play it is gonna experience it 00:05:14.750 --> 00:05:21.250 differently than anyone that plays it themselves. That's just how it is. There was an interesting article about this as well 00:05:21.680 --> 00:05:25.509 saying "Having seen some of Pewdiepies Firewatch Let's Play video it 00:05:25.940 --> 00:05:32.350 definitely would appear to be protected by fair use. The fact that Vanaman directly and publicly admits that he's not 00:05:32.900 --> 00:05:39.099 taking the video down for any valid copyright reason but rather because he thinks Pewdiepie is a "propagator of 00:05:39.680 --> 00:05:42.880 despicable garbage" doesn't help Vaenaman's case at all, 00:05:43.150 --> 00:05:50.799 rather it gives Pewdiepie a lot more leverage to claim that any such take down would be abusive and possibly even a violation of 00:05:51.170 --> 00:05:54.000 DMCA's against misrepresentations. 00:05:55.000 --> 00:05:56.770 I've also seen other legal experts 00:05:57.230 --> 00:06:02.080 claiming that the video isn't protected by fair use Let's Plays aren't protected by fair use 00:06:02.420 --> 00:06:05.710 No one can really say for certain, that's why it's a gray area. 00:06:05.810 --> 00:06:10.869 There are other legal experts saying that Let's Play's aren't legal "Firewatch DMCA's are 00:06:11.000 --> 00:06:17.650 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 00:06:18.170 --> 00:06:20.740 pointed out shortly after these tweets were made 00:06:21.290 --> 00:06:22.400 was that 00:06:22.400 --> 00:06:27.519 they have a stream policy on their website. This is literally if you go to Firewatchgame.com/about. 00:06:27.830 --> 00:06:33.489 It says "can I stream this game can I make money off of those streams?". "Yes. 00:06:33.990 --> 00:06:40.669 "we love that people stream and share their experience in the game. You are free to monetize your videos as well". So people 00:06:40.740 --> 00:06:42.740 pointed this out but 00:06:42.750 --> 00:06:48.769 there's still arguments against saying "it doesn't matter because Let's Plays still aren't fair use 00:06:48.990 --> 00:06:54.530 so they can do whatever they want". And I would - I would agree because basically Sean said he will 00:06:55.259 --> 00:07:01.788 he will strike down any one of my future Let's Plays and the current the past one, but the thing is 00:07:02.729 --> 00:07:07.609 that doesn't mean he can go back and revoke from the old one. Do you know what I'm saying? 00:07:08.280 --> 00:07:13.099 Basically Sean has the right to strike any video that I upload from this point because he's publicly said that 00:07:13.500 --> 00:07:20.179 that's what he's gonna do but you can't retroactively let go and say you know what I'm revoking this license 00:07:20.400 --> 00:07:27.109 because you are a racist garbage or whatever. That's not how DMCA work and I'm pretty sure 00:07:27.210 --> 00:07:33.500 that in that form of selection bias is not gonna hold up in court imagine if 00:07:34.680 --> 00:07:36.680 I made some 00:07:36.690 --> 00:07:42.409 artwork and I told people "hey you're free to use his artwork go ahead everyone" 00:07:43.229 --> 00:07:47.149 people start using the artwork and then I point to some people 00:07:47.849 --> 00:07:50.209 and I say "no" and file a copyright law 00:07:50.550 --> 00:07:54.949 dispute against that. Doesn't really add up does it? So regardless if 00:07:55.110 --> 00:08:02.060 Let's Play is fair use or not this argument of claiming my video is incorrect. Most likely if my 00:08:02.460 --> 00:08:06.409 video gets striked I can't really do anything about it, Youtube really doesn't 00:08:08.009 --> 00:08:12.139 they're sort of washing their hands around these copyright things, they kind of want 00:08:12.139 --> 00:08:22.008 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. 00:08:22.139 --> 00:08:29.448 If anything it would be a huge waste of time and money for Sean and his developing team. When I saw these tweets I 00:08:29.669 --> 00:08:33.919 immediately privatized the video out of respect for his request 00:08:34.680 --> 00:08:36.680 but 00:08:36.870 --> 00:08:43.370 my video got claimed anyway. They got the strike anyway, which is pretty disappointing 00:08:44.520 --> 00:08:49.849 to be honest. As far as I'm concerned I didn't use any abusive language in this video. 00:08:50.399 --> 00:08:58.159 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 00:08:58.500 --> 00:09:00.500 gotta say I'm pretty disappointed. 00:09:00.540 --> 00:09:06.320 Also in people defending this that I know personally have had problem with DMCA request - 00:09:07.170 --> 00:09:10.039 take down requests as well. Whether you like me or 00:09:10.649 --> 00:09:18.589 Mr. Vanaman, these laws are made to for people to take down content and whenever there's power to do 00:09:18.589 --> 00:09:25.578 so it's going to be abused and especially when the reason to take down the content has nothing to do with copyright 00:09:26.220 --> 00:09:27.269 it's 00:09:27.269 --> 00:09:30.679 it sort of shows that. I think these laws are important 00:09:31.260 --> 00:09:35.389 for people, for artists to protect artists work and what they do and 00:09:35.940 --> 00:09:42.679 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 00:09:42.680 --> 00:09:49.969 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 00:09:50.399 --> 00:09:53.509 you're are free to tweet me I will probably see it and 00:09:54.360 --> 00:09:56.990 I will respect that request. I did get a 00:09:57.240 --> 00:10:04.190 request from another developer asking the same thing "hey can you delete this video" and I did and I wouldn't have any problem 00:10:04.190 --> 00:10:06.190 to have done the same with this video 00:10:06.600 --> 00:10:11.540 I have a huge amount of respect for developers and what they do. I know my 00:10:11.790 --> 00:10:14.360 work would not have been possible without them and 00:10:14.519 --> 00:10:19.309 that's why I would never go against that. I could probably fight this in court and I would probably win 00:10:19.440 --> 00:10:24.019 but I decided to just delete the video and not waste everyone's time more about this. 00:10:24.149 --> 00:10:27.979 Like I said, this - everything about this was my fault the 00:10:28.529 --> 00:10:32.359 whole drama I'm the one starting it but I still think it's an interesting 00:10:32.550 --> 00:10:40.310 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 00:10:40.740 --> 00:10:42.740 make any form of censorship or 00:10:44.220 --> 00:10:49.310 abusive claims. This video is not meant to attack Sean or his development team or anyone 00:10:49.470 --> 00:10:55.500 I just think it's important to talk about these things. Like I said, I thought Firewatch was a really great game and 00:10:56.350 --> 00:10:59.110 I wish him all the best in the future with their next title.