Nintendo Is Taking Down My Videos [video]
Cut and paste from the tiny little transcript window because I don&#x27;t wanna watch this guy talk for eight minutes and maybe you don&#x27;t want to either:<p>----<p>so Nintendo has decided to take down the<p>my and other content creators videos I<p>ask that you watch this whole video so<p>you understand the entire situation<p>because it affects you and the content<p>creators that you may Support also this<p>is a prepared statement reviewed by my<p>lawyer so if it seems like I&#x27;m reading<p>from a script uh it&#x27;s because I am my<p>main hope is that if somebody at<p>Nintendo watches this they will listen<p>to what I have to say and consider<p>reversing the decision to claim these<p>videos<p>so uh hi<p>I&#x27;m Eric or Point Crow I make videos<p>playing games sometimes in strange ways<p>but for today it&#x27;s important for you to<p>know that on occasion I modify the games<p>I play and explore what happens when the<p>game mechanics are a little different<p>most recently I modified The Legend of<p>Zelda breath of the wild to become a<p>multiplayer game to be clear I have<p>never encouraged piracy of Nintendo&#x27;s<p>games the mods that I&#x27;ve commissioned<p>are not being sold and all of the code<p>is custom meaning that they are free of<p>Nintendo assets<p>on April 6th one week ago Nintendo<p>decided to block all four videos that I<p>put up on YouTube playing the<p>multiplayer mod<p>I appealed their decision as I&#x27;m very<p>much in line with their content<p>guideline policies we&#x27;ll go over that in<p>a moment and these videos are fair use<p>Nintendo then escalated and issued a<p>copyright strike against my YouTube<p>channel not once<p>but twice<p>rather than bundle the videos all into<p>one copyright strike Nintendo issued a<p>copyright strike for one video and then<p>bundled the other three into another<p>strike deliberately putting my channel<p>in danger but not taking it down<p>completely I was able to get an email<p>address for Nintendo and sent a message<p>asking that we discuss what&#x27;s going on<p>and try to reach an amicable resolution<p>that would make both parties happy I<p>heard nothing back so far here&#x27;s that<p>email if you would like to read it<p>so the next day Nintendo claimed 24 more<p>of my videos from my channels<p>most of them are modded content a lot of<p>them are breath of the Wild<p>but not all of them are this is key they<p>also claimed videos containing footage<p>from Super Mario Odyssey the Pokemon<p>series and Wii Sports Resort from my<p>channel the most surprising one though<p>was a claim from one of my first videos<p>back in 2019 marrying seiden and a<p>bookshelf to create hyrule&#x27;s first car<p>it&#x27;s just a regular vanilla gameplay<p>video of breath of the wild these<p>takedowns aren&#x27;t exclusive to my channel<p>either over the course of the next<p>couple days Nintendo was taking down<p>videos from other channels as well<p>Croton another very prominent YouTuber<p>has had at least 10 live streams and two<p>videos removed<p>importantly one of those videos is<p>simply a challenge video detailing how<p>the game would be played if the player<p>decided to explore Zelda with certain<p>restrictions the player has imposed on<p>themselves these takedowns may have<p>started with modded content but they<p>have spiraled into something else<p>entirely so now you know what&#x27;s<p>happening uh at this time my channel has<p>had 29 videos taken down two copyright<p>strikes and Nintendo does not seem to be<p>stopping the removal of videos from<p>other creators on YouTube<p>so let me really Levy the importance of<p>this on you the viewer Nintendo is<p>sending takedowns and Strikes against<p>the creators showing content of their<p>games it&#x27;s not just modded content<p>they&#x27;ve shown that they&#x27;re striking down<p>regular gameplay videos as well it&#x27;s<p>sporadic and their enforcement of their<p>copyright is incredibly uneven the thing<p>is without even considering fair use all<p>of these videos are very clearly in line<p>with Nintendo&#x27;s own game content<p>guidelines for online video and image<p>sharing platforms which I will include<p>in the description below I will also<p>read it for you here<p>from their FAQ what types of content are<p>acceptable under the guidelines what<p>types of content are not acceptable we<p>encourage you to use Nintendo game<p>content in videos and images that<p>feature your creative input and<p>commentary for example let&#x27;s play videos<p>and video game reviews are within the<p>scope of the guidelines however you may<p>not simply upload a live stream of an<p>existing Nintendo video gameplay footage<p>without your own creative inputs or a<p>copy of content created by someone else<p>for example mirror copies of Nintendo<p>promotional trailers tournaments music<p>soundtracks gameplay sequences and art<p>collections are outside the scope of the<p>guidelines you might argue that modded<p>content is in violation of these<p>guidelines<p>but historically that&#x27;s not the case the<p>terms of service for the Legend of Zelda<p>says you cannot modify the game<p>but it also says that you cannot stream<p>it you cannot make videos of it and you<p>cannot otherwise broadcast it<p>a Nintendo&#x27;s game content guidelines<p>changes this though by providing a<p>license on top of the existing terms of<p>service which modifies the terms of<p>service for Content creators all of the<p>videos that they have taken down are in<p>compliance with their own policies I use<p>Nintendo game content in my videos and<p>they are all featuring my creative input<p>and commentary throughout the duration<p>of the medium now this is a little scary<p>because the president that they set uh<p>with this case may apply heavily for<p>their upcoming release of The Legend of<p>Zelda tears of the Kingdom as per their<p>decisions to take down gameplay and<p>Challenge videos alongside the modified<p>content it&#x27;ll be difficult for any<p>content creator to post Creative<p>Concepts without having the fear of<p>Nintendo exercising their copyright over<p>video that is in line with their own<p>policies<p>in fact what they&#x27;ve demonstrated here<p>is that they will ignore their own<p>policies and licenses to selectively<p>enforce their intellectual property so<p>if you&#x27;ve uploaded any video that<p>features any Nintendo content no matter<p>how transformative or directly in line<p>with their published guidelines you are<p>at risk giving these decisions I&#x27;m<p>hesitant to post videos of myself<p>playing tears of the Kingdom even with<p>my creative input and commentary for<p>fear that they will also be taken down<p>I hope that is not the case so uh what<p>am I going to do<p>nothing<p>um I can&#x27;t do much of anything about<p>this other than plead with Nintendo and<p>move away from this kind of content<p>my other option is to appeal the dmca<p>notices and risk a multi-million dollar<p>lawsuit<p>so even if I&#x27;m in the right here that<p>risks my channel my livelihood and the<p>livelihoods of my team I don&#x27;t want to<p>go through that and I&#x27;m left questioning<p>the future of the content that I&#x27;m<p>allowed to make<p>so I&#x27;m releasing this video informing<p>you all of what&#x27;s going on in this<p>community and using this as an open<p>letter to Nintendo so here&#x27;s my explicit<p>message<p>to Nintendo<p>I love the games that you make the<p>stories you tell the ideas that you<p>explore from giving me the closest<p>moments that I&#x27;ve had with my friends to<p>my Mom calling every electronic device I<p>own a Nintendo<p>you mentioned in your content guidelines<p>that you are humbled every day but the<p>loyalty and passion for Nintendo&#x27;s Games<p>characters and world and respect that we<p>want to be able to express ourselves<p>creatively by sharing our own videos and<p>images using content from your game<p>if you truly respect us and are humbled<p>by this community<p>don&#x27;t take this creativity away from us<p>these channels you&#x27;ve targeted these<p>videos you&#x27;re claiming are from some of<p>the people that are most passionate<p>about your games you&#x27;re stifling that<p>imagination and punishing those who want<p>to share it with others when they do it<p>in the way that you have outlined for us<p>creators<p>please remove these strikes and claims<p>or at least start a dialogue with us so<p>we can figure this out and all move<p>forward with the excitement I&#x27;m sure you<p>would love to see about your future<p>games<p>you have my contact information already<p>from the dmca and the email that I&#x27;ve<p>sent uh I&#x27;ll be waiting eagerly for your<p>response so<p>thanks<p>----<p>(This is YouTube&#x27;s auto-generated transcript, no editing or formatting applied.)