dsheinem wrote:BoneSnapDeez wrote:They're pissing off the only niche group of people that would consider buying a Shining game in the first place. Stupid.
Stupid, perhaps..but well within their rights to protect their property as they see fit within confines of existing IP law...it is not worth launching a crusade against them for running their business in such a way as to control their properties as they see fit. Remember, they have shareholders to answer to who probably don't give a shit about your video of an old game if it might infringe on their ability to more effectively promote a new game.
What needs to change are the laws surrounding this stuff...
then YouTube's TOS/policies can be changed as well and stuff like Shining Force fan videos can be better protected.
tldr: Don't hate the player (Sega), hate the game (copyright law)
The question here, is if Fujii was within his legal rights to go on this copyright strike wave of his. Remember that fraudulent copyright claims are
illegal. Fujii Mutsuhiro himself does not own any part of the Shining Series, and he is NOT their legal team. It's difficult to say whether this is even Fujii himself.
There can be legitimate reasons toe exercise your right to remove content that you own the rights too, but this is hardly one.
Again, there was no profit, the video showed in part the over all product and is insignificant to affect the sale of a product (that isn't available anymore.) This isn't the same deal as uploading a prince song or a movie clip. By playing a portion of a game and recording it, I argue that it is therefor transformative in nature. Sega does not own the copy right to the video footage, they own the rights to the game itself, it's characters and trademarks, and so forth. What's next, Fujii spending all day on google images sending cease and desists for every picture that uses the word "shining"?
I won't just simply comply. Mr. Mutsuhiro is going to have to follow with threats of lawsuits before I bend over and take it. But will I win? No.
