PaulBearer
kiwifarms.net
- Joined
- Jun 27, 2021
It's a little bit more disgusting than that, he'd cover it if the guy was straight, left or right wing.
Jim Sterling / James "Stephanie" Sterling / James Stanton/Sexton & in memoriam TotalBiscuit (John Bain) - One Gaming Lolcow Thread
- Thread starter José Mourinho
- Start date
- Joined
- Mar 1, 2020
Wrestling is cringe and Jim made me hate it.
Scarmaiden
kiwifarms.net
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- May 18, 2020
He probably thinks it's ok when he does it to corporations, because "wage theft"
- Joined
- Mar 1, 2020
It's quite simple really, just don't sell big enough to be noticed by copyright enforcers.
Corpos are not The Eye of Sauron who see everything all the time and will send nazgul lawers uppon you to protect their copyright.
It is, actually, quite surprising how much you can get away with if copyright enforcers don't give enough fuck to bother and take you down. Big N would probably give a damn about limited merch runs, it's too bothersome to deal with it.
- Joined
- Oct 8, 2018
Sometimes it's financially advantageous to ignore it. It's free advertising and marketing data. There's also a fair amount of space to legally sell such things. Nintendo, if they notice this, will confirm it doesn't match any existing designs, then take note of how well it goes over. If it is successful they will immitate the design and self official merch featuring these pokemon and others in similar poses and groupings.
It's also worth noting that Nintendo is only really protective of the starters, Pikachu, eeveelutions, the pokeballs, and box legendaries. They are where the real money is and where their trademarks are.
Trademark law is defend or lose, so they are pretty touchy with trademark stuff. The rest? Negligence that produces marketing data is worth it. They can knock out a popular design if needed with a C&D and release something official if there's money to be made.
Nintendo is also less protective of gens 1-3 as the money has been made there. Gen 4 just got a remake so they are protecting that, gen 5 is next remake, and 6, 7, and 8 are all new and still being milked. Once gen 5 remake happens gen 4 will be fair game.
- Joined
- Nov 16, 2021
I don't know if anyone here watched Hannah Gadsby's comedy special nanette on netflix (don't if you haven't), but it ends with her announcing she's leaving comedy forever. Everybody who was talking about it when it came out talked about how "powerful" a statement that was, even though she had repeated it verbatim multiple times before landing the comedy special gig. All of the cultural import she was getting, and all of the money, was trading on this phony martyrdom, without which her comedy special was just listening to a lesbian poorly argue her dumb takes on shit.
That is what all this is for Sterling. It's a self-imposed false martyrdom to remain relevant. They was already losing subscribers when they started the transition, and suddenly this happens and now everyone who was sick of listening to the same takes said in the same smug tone over and over again is being a bigot and a monster.
The cultural critic role is such a useless parasitic existence anyway. It's only just recently that they're even featuring calls for organizing in the games industry, now that the movement is happening already, despite that being literally the only thing that would even begin to solve the problems they've been ranting about for years now. They barely even called for consumer boycotts, despite how useless those are. All they did was bang on continuously about how gamers acted liked every other consumer group in history. It's a position of moral superiority that is in practicality meaningless, except as a way of justifying a grift to a believing audience. The truth is that Sterling would never actually bother involving themselves with any activism directly, because they benefit personally from the status quo continuing to justify their position as the court jester "speaking truth to power".
E: I will say that if he was at least still entertaining, then I wouldn't care. Cultural critics on Youtube can make engaging content. But the "importance" of the topics is meaningless, it's still just content for the sake of revenue. Moral indignation doesn't mean he deserves an audience, which is the part that these narcissists always trip up on. He started making shit content, so people leave. That's not an attack, nobody owes him anything.
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Its not Nintendo he has to worry about. The Pokemon Company usually go in harder than most on C&Ds but clothing never seems to be a big issue for them. Probably because of just how much of it there is.
- Joined
- Oct 8, 2018
The Pokemon Company is a joint venture of Nintendo, Creatures and Game Freak. The trademarks outside of Japan are entirely under Nintendo's name though. It's worth noting the division of ownership currently is 32% Nintendo, 34% Creatures and 34% Game Freak. However Nintendo last I checked had controlling shares in Creatures, though they don't use that control often, it's purely to block someone else from being able to influence The Pokemon Company.
Nintendo runs the show. Just in a convoluted way.
As for being quick with C&D's, they only really care about games, mods, or table top stuff. The reason is Pokemon makes it's big bucks from card games and video game sales. Keeping control of those is critical to them. From there it moves into merch. They don't care about most merch, but there's around 60 Pokemon that you better not make a knock off of or else. Clothing is only enforced if you touch those 60 or so pokemon.
Notice Jim has Ekans, Lickitung, Ghastly, Milktank, Ditto on there. Ekans is the most well known from the early anime, but is just a purple snake. Ghastly is a popular ghost type, being one of the original ghost types and as a result iconic of the type, but itself isn't all that popular. Milktank is is just a cow, it's pretty low popularity, though might be the most popular pokemon here, and is the only gen 2 pokemon there as the rest are gen 1. Ditto is unpopular, known more for a single joke episode, it's meme face, and for being used as a sex slave for breeding. Lickitung is absurdly unpopular and normally only comes up to make pussy eating jokes or because people hate its design.
None of them are popular pokemon nor something The Pokemon Company traditionally jumps on. If there was a Pikachu there though... He'd likely get fucked right up the ass by their lawyers.
UzumakiLeaf
kiwifarms.net
- Joined
- May 17, 2021
The only thing to watch out for is how much Jim keeps poking Nintendo, he did put out a video advocating for people to pirate their games. For reasons people already covered it is doubtful that Nintendo will come after him for the shirts.
Jim does have an understanding of copyright and how to exploit the system.
He even came up with the copyright deadlock. He did a video on it where he explains how he uses two different copyrighted works to prevent the companies from getting revenue off his video.
I will let Jim explain it himself. This is an older Jimquisition from 5 years ago so it is watchable.
However, if he keeps pushing and gets on Nintendo's radar I would not be surprised if it would be an intentional move so he can have an excuse to play victim. Either that or the drugs are frying his brain or maybe both, but he does have a history of dancing on the line.
Jim does have an understanding of copyright and how to exploit the system.
He even came up with the copyright deadlock. He did a video on it where he explains how he uses two different copyrighted works to prevent the companies from getting revenue off his video.
I will let Jim explain it himself. This is an older Jimquisition from 5 years ago so it is watchable.
However, if he keeps pushing and gets on Nintendo's radar I would not be surprised if it would be an intentional move so he can have an excuse to play victim. Either that or the drugs are frying his brain or maybe both, but he does have a history of dancing on the line.
- Joined
- Oct 8, 2018
While Nintendo is pretty chill these days, when they snap it tends to be by going scorched earth. They won't give him time to play victim if they decide they've had enough, I remember a few years back when they were on the war path against YouTube, a lot of people talked about how they destroyed YouTube channels, but something that got less attention is they also went after patreon and any social media you had somethings as well.
I like to call Nintendo the Disney of gaming: They made all the fun kids stuff from your childhood, they are really protective of their mascot, they have fuck you money and can do whatever shit they feel like (seriously, the only difference between Disney and Nintendo here is Nintendo isn't trying to be a monopoly), and when they decide to fuck you up, they fuck you up. Don't fuck with the mouse, and don't fuck with the plumber.
The only thing you have going for you with Nintendo is they are a bit more chill than Disney, too distracted thinking up new gimmicks to make consoles out of.
Though I will dispute his understanding of copyright, it's actually not that great, better than the average person's, but he's not that good at exploiting the legal systems, just the half assed systems of things like YouTube. He's always gotten away with never actually having to get involved in a copyright legal battle.
- Joined
- Feb 16, 2021
The Pokemon shirt is really bizarre to me, because it's such blatant copyright theft with zero effort to do anything transformative as far as I can see. It doesn't even change up the Pokemon's colour schemes by using the troon flag colours or something equally cringe; it's deadass just Pokemon on a shirt.
The product description claims it's 'inspired' by Jim's favourite Pokemon and done in the unique style of the artist, which is the usual --and often compelling imo-- excuse fan artists give for selling work based on IPs they don't own, but in this case I really don't see anything distinct enough from the official designs; if you showed this to most people and told them it was official Nintendo merch they'd believe you.
I think the odds of a C&D are strong, (an actual lawsuit probably not,) but I'm more curious what Jim was thinking selling this. You can't just sell merch in your store for random shit you like that has absolutely nothing to do with your channel or brand.
The product description claims it's 'inspired' by Jim's favourite Pokemon and done in the unique style of the artist, which is the usual --and often compelling imo-- excuse fan artists give for selling work based on IPs they don't own, but in this case I really don't see anything distinct enough from the official designs; if you showed this to most people and told them it was official Nintendo merch they'd believe you.
I think the odds of a C&D are strong, (an actual lawsuit probably not,) but I'm more curious what Jim was thinking selling this. You can't just sell merch in your store for random shit you like that has absolutely nothing to do with your channel or brand.
- Joined
- Sep 2, 2015
I'm not sure what he means be "legally distinct." This isn't like Keiji Inafune making M#9 and getting away with him looking like a knock-off Mega Man because "Its my style bro." This is actually worse than creating a Sonichu.
If I didn't know any better he was trying to provoke a C&D.
If I didn't know any better he was trying to provoke a C&D.
- Joined
- Apr 5, 2019
Lots of people saying this is copyright infringement, but Nintendo legitimately does not care so long as they see that you're small enough to be stepped on, you dont claim it's officially licensed and they aren't about to/just recently launched similar merch that could be affected in the slightest.
Jim fits the bill on all 3 counts.
Jim fits the bill on all 3 counts.
- Joined
- Mar 10, 2021
Sterling has been branding himself as the one who cares for years.
By his own history of feigning outrage and the copyright standards he's advocated, this is unforgivable.
- Joined
- Feb 16, 2021
They recently launched some new Pokemon games, and have another launching sometime next year I believe, so I'd say that's more than enough to give them a case if they wanted it. Just thinking about it from the perspective of how a lawyer would frame it: Jim has barely mentioned Pokemon at all for years, but now these new games release and suddenly he just so happens to put a Pokemon shirt out?
Also throw a checkmark in the box for 'has made several videos to his near-million-subscribers openly advocating for the piracy of your products' and I wouldn't be surprised if Nintendo decided to ruin Jim out of pure spite.
- Joined
- Nov 16, 2021
The merch store is really something else. I've seen anarchist communes with less edgy fundraising slogans than some of his shit, and they are at least doing it to fund their activism. What the fuck is the point of buying eat the rich badge from Sterling's store, it's not like he's going to use the money to fund a sit in or anything, except for him sitting on his ever-expanding ass. If you really believe in any of the slogans, this would be the stupidest way to go about supporting them. Liberal grift at its finest.
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- Joined
- Mar 10, 2021
He's definitely baiting them. He's using their
Included some bonus cringe in the bottom right corner.
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- Joined
- Apr 5, 2019
When I say competing product, I meant direct competition. In this case, Nintendo would have to had put out a shirt with a similar theme or design for them to care. And they don't, so they honestly won't. Fangames of games that are coming out soon a la AM2R or Mario Royale were dead on arrival because Nintendo wanted no competition for their Metroid 2 remake and Mario Maker 2.
I also doubt Jim talking about pirating their games even comes close to rustling their Jimmies. Nintendo knows about piracy, they know why people do it, and they tend to only go after ROM sites because it impacts sales on their tiny collection of old games on DS/Switch.
Trademarked names of not, Nintendo doesn't give a fuck. Small fan run shops sell shirts with actual Pokemon names all the time. The Pokemon Company doesn't care, they know that the shirts are meaningless compared to how much their own proper store prints and that it's not worth the legal fees. So long as it doesn't say "Official Pokemon Company merchandise" or "Official Nintendo merchandise", and isn't carried by a large enough distributor (ie. Walmart), it means nothing.
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He's definitely baiting them. He's using their trademarked names which confirms the copyright infringement, lmao.
Included some bonus cringe in the bottom right corner.
Jim will not EVER see any form of consequence from Nintendo/Pokemon Company for this.
- Joined
- Feb 16, 2021
Maybe, maybe not. I've seen fan artists DMCA'd for MUCH less.
He almost certainly won't get sued, though. But it'd be really, really funny if he did.
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- Oct 25, 2021