DarksydePhil / TheyCallMeDSP / Phil Burnell - General Discussion

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Lies damn lies:
https://twitter.com/Drgnkiller/status/878260321462476800 (http://archive.is/P6DT7)

HE A GOOD BOY, HE DINDU NUFFIN'
https://twitter.com/Drgnkiller/status/878260690770952194 (http://archive.is/2Vi6N)

History repeats itself
https://twitter.com/Drgnkiller/status/878263365004664832 (http://archive.is/1zU1K)
I'd be willing to bet Atlus was on the fence about any actions they were going to take against him until he sent them that email. That probably sealed their decision. I suspect they're gonna roast his fat ass.
I have a very difficult time believing that Atlus would ponder for more than a second giving Phil the benefit of the doubt when during his Persona 5 playthrough, fan art boldly proclaiming "Fuck Atlus" has been a regular part of his pre-streams. This is not even taking into account all the history with the charm salt being real.
He's toast.

5901626babb3a_FinishingTouch.jpg.c8d270cba0269284577c70b5b8dc3808.jpg
 
Even then I think he could just make a new YouTube account or stream somewhere else unless I miss something.
How many times can he create new YouTube and AdSense account a after being permanently banned?
It wouldn't be about the money, it'd be about setting a precedence or sending a message. Since they've issued strikes to multiple YouTube folks, i would be interested to see if they are able to sue everyone at once.
I don't think they'd want to. I think they'd want to go after one weak defendant, set precedent, then potentially go after others. A precedent would also send a message to people that they're serious.
 
I have a very difficult time believing that Atlus would ponder for more than a second giving Phil the benefit of the doubt when during his Persona 5 playthrough, fan art boldly proclaiming "Fuck Atlus" has been a regular part of his pre-streams. This is not even taking into account all the history with the charm salt being real.
He's toast.

5901626babb3a_FinishingTouch.jpg.c8d270cba0269284577c70b5b8dc3808.jpg
I fucking hate that face he makes, he really does think he is hot shit.
 
I have a very difficult time believing that Atlus would ponder for more than a second giving Phil the benefit of the doubt when during his Persona 5 playthrough, fan art boldly proclaiming "Fuck Atlus" has been a regular part of his pre-streams. This is not even taking into account all the history with the charm salt being real.
He's toast.

5901626babb3a_FinishingTouch.jpg.c8d270cba0269284577c70b5b8dc3808.jpg
Again, if Phil just acted like a normal, rational human and tried calmly talking to Atlus/Youtube, he wouldn't be in this problem. The past few months have been the best argument for being "Book Smart" rather than "Street Smart".
 
Again, if Phil just acted like a normal, rational human and tried calmly talking to Atlus/Youtube, he wouldn't be in this problem. The past few months have been the best argument for being "Book Smart" rather than "Street Smart".
People who are street smart don't pick fights with every single motherfucker at the slightest hint of an offense. And they don't talk big then publicly run away like a little bitch.
 
Again, if Phil just acted like a normal, rational human and tried calmly talking to Atlus/Youtube, he wouldn't be in this problem. The past few months have been the best argument for being "Book Smart" rather than "Street Smart".
It's part of his persona that he tries to preserve for himself being "the realest motherfucker on the Internet" by telling publishers to go fuck themselves and fighting for the common gamer.
The reality is that DSP also coldly and regularly shits all over viewers and refers to the common gamer as a "stupid moron" or a similar MENSA-caliber pejorative.
Consequently, Phil has alienated publishers, developers, his fanbase, and gamers in general with his behavior.
Nobody will fight for this guy, and it is all his own doing.
 
Again, if Phil just acted like a normal, rational human and tried calmly talking to Atlus/Youtube, he wouldn't be in this problem. The past few months have been the best argument for being "Book Smart" rather than "Street Smart".

"Street smart" would mean having the common sense necessary to survive in the world. When you consider that professional LP'ers essentially are allowed to make money based on the good graces of developers and publishers, "street smart" also means having the basic intelligence to not be an antagonistic, egotistical asshole to said people who allow you to collect a paycheck.

Considering how much Phil has publicly talked shit about developers and publishers in such an aggressive way while at the same time making money via playing games by these people, this was bound to happen once somebody got tired of the hypocrisy. No one should ever be barred from being critical of the flaws in a product or work of art, but calling the creators profane names ("piece of shit," "fucking assholes," "cocksuckers," etc.) smacks of immaturity more than anything else. Other content creators do this in more tasteful and respectful ways, while still making their point clear about what they find lacking or flawed. This may be a case of Atlus exercising their right to choose who gets to make money off their property. As publishers of the product, they may well have absolute power to choose whether or not specific individuals can profit off of streaming their game. If all of this is due to their belief that Phil had been obscene in his method of conveying his opinion, as opposed to the opinion itself, I could see this as being an inevitability. I would have pegged well-known Phil nemesis Hideo Kojima to be the one who did something like this first, but I suppose the clusterfuck at Konami meant someone else would have to pick up the torch.
 
But over a Let's Play that is making pennies? Even if they wanted to open a precedent, there are probably better targets to go after.

I think they'd want to go after one weak defendant, set precedent, then potentially go after others.

I mean we're all pretty much talking out of our hindquarters here (unless @AnOminous gets bored and chimes in with actual legal info or someone else has specific details we don't), but that's what it seems like to me. Everyone playing has agreed to the EULA and it was public knowledge what they didn't consider acceptable behavior to do with their game. There's not really a lot to argue about here, especially if the objections they made were a mass sweep against every violation they could find. Atlus doesn't really have to be delicate and patient in this situation, they can just grab the scariest looking lawyer on their legal team, grab them by the ankles, and use them like a whack-a-mole hammer at whoever is annoying them the most.

And Phil is just. So annoying.
 
"Street smart" would mean having the common sense necessary to survive in the world. When you consider that professional LP'ers essentially are allowed to make money based on the good graces of developers and publishers, "street smart" also means having the basic intelligence to not be an antagonistic, egotistical asshole to said people who allow you to collect a paycheck.

Considering how much Phil has publicly talked shit about developers and publishers in such an aggressive way while at the same time making money via playing games by these people, this was bound to happen once somebody got tired of the hypocrisy. No one should ever be barred from being critical of the flaws in a product or work of art, but calling the creators profane names ("piece of shit," "fucking assholes," "cocksuckers," etc.) smacks of immaturity more than anything else. Other content creators do this in more tasteful and respectful ways, while still making their point clear about what they find lacking or flawed. This may be a case of Atlus exercising their right to choose who gets to make money off their property. As publishers of the product, they may well have absolute power to choose whether or not specific individuals can profit off of streaming their game. If all of this is due to their belief that Phil had been obscene in his method of conveying his opinion, as opposed to the opinion itself, I could see this as being an inevitability. I would have pegged well-known Phil nemesis Hideo Kojima to be the one who did something like this first, but I suppose the clusterfuck at Konami meant someone else would have to pick up the torch.


I get this is unpopular but I'm all for streamers who feel entitled to make a living off playing somebody else's content getting a bit of a reality check. Like you say, it's dangerous to suddenly ban everybody from making criticism of or reviewing video games but a lot of streamers seem to think that they're untouchable, that they're providing some sort of meaningful, higher service and that as soon as they pay for the game they're allowed to do whatever they want with it.

It sucks that I'm sure Atlus are hurting good people who don't take what they do seriously but if it's taking people like DSP down a notch and reminding them that they're just gamers at the end of the day, these strikes aren't a bad thing.
 
that they're providing some sort of meaningful, higher service and that as soon as they pay for the game they're allowed to do whatever they want with it.

Exactly.

Try uploading a Disney movie you don't own broadcasting rights to, and make your argument "Well me and my friends were talking over and laughing at it, so it's really more about what we were doing, and also we wanted people to see if they want to watch the movie". I think video games are an artistic medium that deserves respect, honestly, and part of that respect is that the owners and creators are the ones who decide what's acceptable use of their work.

I mean personally I think in a lot of cases that streaming a game boils down to free advertising because most of the joy comes from actually playing them, and modding games is ultimately just contributing to their overall value and appeal. But it's not the players who get to decide that, it's whoever made it in the first place, and for story heavy games I could absolutely see "Watch someone else play the entire game start to finish" not being something they want to give away freely.
 
I get this is unpopular but I'm all for streamers who feel entitled to make a living off playing somebody else's content getting a bit of a reality check.
I agree with this 100%. Doing it for fun is one thing, but so many people now think they're entitled to getting money to play a video game that it boggles my mind.

I saw the titles of the videos he got strikes against, and one of them mentioned his first persona fusion fail. When you try to fuse and it fails, you get a brand new cutscene that you'll probably only see once, since fusion fails are rare. I wonder if that was a trigger of some kind.
 
The entire YouTube content creation system is in flux since advertisers began pulling out a few months ago. If the money is no longer there for YouTubers and publishers to benefit from, then it is reasonable to conclude that the latter may very well be drawing back the reigns on what is allowable to have monetized featuring gameplay of their titles.
When monetary incentive is withdrawn, a lot of the Japanese publishers especially will choose to not allow any raw playthrough videos...much like the old days of YouTube. Going straight into handing down a copyright strike instead of just a Content ID match is a big shot across the bow.

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I get this is unpopular but I'm all for streamers who feel entitled to make a living off playing somebody else's content getting a bit of a reality check. Like you say, it's dangerous to suddenly ban everybody from making criticism of or reviewing video games but a lot of streamers seem to think that they're untouchable, that they're providing some sort of meaningful, higher service and that as soon as they pay for the game they're allowed to do whatever they want with it.

It sucks that I'm sure Atlus are hurting good people who don't take what they do seriously but if it's taking people like DSP down a notch and reminding them that they're just gamers at the end of the day, these strikes aren't a bad thing.

Now I may be a old timey shit lord but I remember a time when people played games for fun, when youtube was for laughs and to expose new talent and when a job was something you left your house to do.

Fuck everyone, they all need a reality check
Deadwood is rejoining polite society.
 
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