DarksydePhil / TheyCallMeDSP / Phil Burnell - General Discussion

[Um Oh Ah Yeah]

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When monetary incentive is withdrawn, a lot of the Japanese publishers especially will choose to not allow any raw playthrough videos...much like the old days of YouTube.

Spoiler: The future isn't so bright for Phil anymore

Is let's play even a thing in Japan?

 

[Voltekka]

According to some, Japanese developers used to sue people into jail for playing certain parts of a game. Phil is simply being a cunt, thinking he is the only one that is being pursued by Atlus Japan and their copyright claims. If he did act like a normal person, nobody would laugh at him.

 

[Um Oh Ah Yeah]

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Booooo

So were all the copyright strikes people reported "accidents"?

 

[BOLDYSPICY!]

So if this copyright claim sticks, I guess you could say. . .

Spoiler

I mean, that's really gotta sting, especially after PandaLee left &

Spoiler

Fun fact: Did you know that Catherine & Persona 5 were made in the same engine, & Catherine was made as a way of testing it out?

EDIT: Oh fuck me, I overlooked this.

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[PL 879]

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Don't assume Phil is out of the woods just yet. We have seen before with DSP tweeting, "Oh I'm a Prince in the land of sunshine and honey" then 10 minutes later, "Fuck...emergency. Folks empty your pockets. I'm shivering with panic."

Is let's play even a thing in Japan?

I do not believe they could be much of a thing in Japan since the big publishers such as Nintendo, Konami, Sega and Atlus are draconian in their stances towards new media presentations of their content...let's plays being primary on that list.

 

[Shore]

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That's so oddly convenient

 

[MMX]

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So maybe a youtube expert can explain something but
"Doesn't making videos private cause all the views to vanish and fuck you in the stats"
Isn't that what happened to Phil several times before so isn't this going to bury his LP

Also maybe some legal sperg can clear this up
What happens if you upload a video of a vs games (injustice, tekken, streetfighter) and your opponent makes a claim on the video ?

 

[James Smith]

There seems to be a lot of hate here toward people that make gameplay videos and streams. I've noticed at least one trend which is the position that these people are effectively parasites. As far as I know (and not to powerlevel but I'm interested in the copyright meets efficient copying through technology and the Internet, so I follow this kind of stuff- doesn't mean I'm credible; just means I'm not coming from no background) copyright, trademarks, publicity rights- whatever it may be- has not yet been legally established as granting and enforcing publishers etc rights to control gameplay videos and streams. Violation of a EULA is not copyright infringement, so accepting a EULA doesn't give the publisher etc the position of using copyright to control these behaviors. Lastly making money off someone else's work is a very poorly thought through foundation for these types of statements; no one starts from scratch and different people add different qualities and quantities of value to other people's work when they go about making and doing things- from NEETs to CEOs. There are people who can pretty easily be accused of being parasites at all points in the spectrum.

As far as a less logical, more subjective response to this culture here, everyone is entitled to their opinion. My opinion is that it's foolish to shit on it just because DSP or some other lolcow does it for sure, so I hope there's more reason for opposing opinions than "Lolcows does it so I hope it gets ruined for everyone."

 

[Um Oh Ah Yeah]

So maybe a youtube expert can explain something but
"Doesn't making videos private cause all the views to vanish and fuck you in the stats"
Isn't that what happened to Phil several times before

Nah, he deleted the videos, which caused the views to vanish. Setting them as private doesn't do that.

 

[James Smith]

So maybe a youtube expert can explain something but
"Doesn't making videos private cause all the views to vanish and fuck you in the stats"

Yes and no. The stats stay on the video and after a delay return to affecting your channel if you make the video public again. If you leave it private it doesn't help your channel stats anymore.

 

[Keystone]

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Don't assume Phil is out of the woods just yet. We have seen before with DSP tweeting, "Oh I'm a Prince in the land of sunshine and honey" then 10 minutes later, "Fuck...emergency. Folks empty your pockets. I'm shivering with panic."

Yeah I'm not taking Phil's word for anything. He might be lying or downplaying things.

Although if nothing else comes from this little drama, we now know that he cannot fuck up even once or Curse will drop his ass instantly. And if there's one thing you can count on Phil to do, it is to fuck up somehow.

 

[MMX]

There seems to be a lot of hate here toward people that make gameplay videos and streams. I've noticed at least one trend which is the position that these people are effectively parasites. As far as I know (and not to powerlevel but I'm interested in the copyright meets efficient copying through technology and the Internet, so I follow this kind of stuff- doesn't mean I'm credible; just means I'm not coming from no background) copyright, trademarks, publicity rights- whatever it may be- has not yet been legally established as granting and enforcing publishers etc rights to control gameplay videos and streams. Violation of a EULA is not copyright infringement, so accepting a EULA doesn't give the publisher etc the position of using copyright to control these behaviors. Lastly making money off someone else's work is a very poorly thought through foundation for these types of statements; no one starts from scratch and different people add different qualities and quantities of value to other people's work when they go about making and doing things- from NEETs to CEOs. There are people who can pretty easily be accused of being parasites at all points in the spectrum.

As far as a less logical, more subjective response to this culture here, everyone is entitled to their opinion. My opinion is that it's foolish to shit on it just because DSP or some other lolcow does it for sure, so I hope there's more reason for opposing opinions than "Lolcows does it so I hope it gets ruined for everyone."

Obviously I can't speak for everyone here but it's not so much the making your hobby into a job that pisses people off its the e-begging and sense of self importance a lot of these idiots have.
Playing games for a living doesn't make a parasite, playing games as professional making money via e-sports isn't a parasite but effectively begging your bills away, demanding a gracious living wage from fans and being handed free shit whilst being ungrateful the whole time certainly equals a parasite.
I have no probs with the LP scene but I'm looking forward to its collapse and can't imagine anyone other than pewdiepie having stashed anything for retirement.

 

[Overcast]

This will all just inflate Phil's ego even more, leading him to do something even stupider and falling that much harder.

 

[JackEastriver]

From what I can tell the email phil got was just some intern at the US branch shrugging his shoulders and saying IDK dude, maybe it's a mistake. For all we know Japan hq will still enforce it

 

[AnOminous]

I'm pretty sure it was Phil's shitty habit of splitting up a playthrough into hundreds of shitty little videos that caused this. They only apparently DMCAed two out of these spam videos. Because he split them up into so many parts, the video that had that fusing stuff in it that maybe triggered a cutscene was exactly the kind of video Atlus prohibited, videos that consist mostly of cutscenes.

If he wasn't a shitty spammer, this probably wouldn't have happened because none of his videos would have consisted entirely of shit that Atlus considers infringing.

 

[FapCupFanta]

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.

Going off your movie analogy, look at things like Rifftrax. When you buy their audio tracks, you're just buying their recording. You sync that up with a copy of the original film, and that puts the whole thing together. The only way you obtain a movie from them is through a stream, for which they have obtained a license to sell as a fair use work. A very few films are actually available through their online store for purchase in their original, "unriffed" forms; these are older films for which they have gotten commercial rights to sell. And I'm sure they pay royalties to the copyright holders for anything purchased on their site, riffed or unriffed. If they tried to put that stuff on YouTube for free, you can bet your ass they'd get hit with copyright strikes on the majority of them. The copyright holders have deemed that the work the folks at Rifftrax do is transformative enough to justify them making money.

As far as Atlus goes, the Persona games are extremely story-heavy titles. Hell, anything under the SMT umbrella tends to be that way. While we haven't seen it done before to this degree, it's very likely legally within the publisher's rights to determine if they want to allow anyone (or just specific, approved people) to stream any amount of the game's story to people who may well not buy the final product. I don't think Phil has a leg to stand on to demand anything from Atlus at this point. Most of us don't ever need to see the fine print on a game when we buy it. I happened to pick up the leaflet that came with my copy of Persona 5 just to see what the terms of use say.

"Unauthorized copying, reproduction, rental, public performance, or broadcast of this game is a violation of applicable laws. All rights to make copies of any portion of the game for subsequent redistribution is retained by the copyright holder..."

The reality is, we aren't buying any rights to a game when we purchase one these days. We're buying a license for the software, and that license has a laundry list of conditions that we're supposed to follow. In most cases, broadcast and public performance violations aren't called out as often; especially these days when streaming has been a "business" for quite some time, and serves as free advertising like you said. Regardless, a publisher can decide to revoke a person's privilege to stream a game at any time, for virtually any reason based on the license terms of use. Your $60 grants you access to the software providing you don't violate any terms of use or service, and that's it. Nobody is entitled to the privilege of streaming a game, and Phil needs to realize that before he decides to lawyer up and try to fight an unwinnable battle.

 

[Kevlar]

Give it about a week and we'll see another (((emergency))) and a call to shekels over it. I'm really waiting for his break down video or Leanna's side of the story regarding their relationship. I really enjoy the drama. It's a nice reminder that no matter how hard life gets, I'm not DSP and that's a good thing.

 

[FapCupFanta]

Give it about a week and we'll see another (((emergency))) and a call to shekels over it. I'm really waiting for his break down video or Leanna's side of the story regarding their relationship. I really enjoy the drama. It's a nice reminder that no matter how hard life gets, I'm not DSP and that's a good thing.

No matter how bad it gets, just remember: you aren't Anthony Burch or Phil Burnell.

 

[Saladin]

Darn, I was really hoping this was going to be an ongoing saga. Seeing Phil get fucked is always really amusing.

Fun fact: Did you know that Catherine & Persona 5 were made in the same engine, & Catherine was made as a way of testing it out?

ACKSHUALLY Catherine was made in Gamebryo. P5 was done in a proprietary engine.

 

[ChickenSkinBeanbag]

Remember how yesterday he said that Curse dropping you if you have a lasting copyright strike was a troll tip? Now all of a sudden it's true because he checked with Curse.

Edit: Quality dick-sucking in chat today

Edit: BeTheAllen is my favorite autist at this point. This dude kissed ass until he got modded so now it's super easy to find the juvenile shit he spews in chat. This is what one of Phil's biggest fans is like.