DarksydePhil / TheyCallMeDSP / Phil Burnell - General Discussion

Status
Not open for further replies.
New Twitlonger with some insane parts
http://www.twitlonger.com/show/n_1sq0vhc
SqlXkrC.png


Phil responded to a Youtube email by threatening legal action and begging them to not shut down DSPGaming.


Does Phil think he could actually win a legal case again Google.

Just more proof Phil does not learn from his mistakes. Machinima called his bluff when he threatened them and Youtube is an infinitely larger organization but what does Phil do? Send another condescending e-mail to them throwing around threats that he knows he will not go through on. Nobody cares about his 7 years on Youtube it has ZERO weight in negotiation.
 
New Twitlonger with some insane parts
http://www.twitlonger.com/show/n_1sq0vhc
SqlXkrC.png


Phil responded to a Youtube email by threatening legal action and begging them to not shut down DSPGaming.


Does Phil think he could actually win a legal case again Google.

he's also threatening to slander/defame them if they don't comply. "I will blow this up on social media" means that he will push the narrative that these strikes are false---though, if his channel gets shut down, they probably aren't---and that yt mishandled the situation, which they didn't. not a great idea esp if he wants to sue them for negligence or something.
 
You can do whatever you want. You just cannot ignore the consequences of your actions because you do not like them.

Willful ignorance is not a legal argument.
That is a very, very stupid reply and intentionally obtuse. "You're free to not pay taxes, we'll just throw you in jail for years if you don't." That's a false dichotomy. Your contempt towards people who stream themselves playing video games is duly noted but I'd ask the more wise among us to taper their contempt for Phil's personal liberties before they start rioting for corporate monopolies.
 
That is a very, very stupid reply and intentionally obtuse. "You're free to not pay taxes, we'll just throw you in jail for years if you don't." That's a false dichotomy. Your contempt towards people who stream themselves playing video games is duly noted but I'd ask the more wise among us to taper their contempt for Phil's personal liberties before they start rioting for corporate monopolies.
You are being obtuse. No company is trampling over Gout King's personal liberties; they're not saying he's not allowed to ever play their games, they're saying he cannot broadcast and make a profit over it.

he's also threatening to slander/defame them if they don't comply. "I will blow this up on social media" means that he will push the narrative that these strikes are false---though, if his channel gets shut down, they probably aren't---and that yt mishandled the situation, which they didn't. not a great idea esp if he wants to sue them for negligence or something.
Can you really impersonate a company to do a copyright strike on a channel nowdays? I know nothing about this, but one would think that the company doing it has to provide some legal info to Youtube on the form where they request the strike.
 
This is just my opinion Null. If you wish to spend time, money, and energy into an internet career, more power to you.

My perspective is that its very easy for someone not having their IP stolen to say that abusing IP is not an issue. If you don't think you are running a risk at being shutdown for IP abuse...you are fooling yourself. Its only going to get worse in the future. More and more companies are going to start clamping down, especially since capital investment of making AAA titles is getting so large.

All of us here are "prison lawyers". We have opinions but none of us are trained on IP laws. At the end of the day, none of us know exactly what we are talking about. If its a legal situation that involves your income, I highly suggest you take the time to talk to someone that actually is licensed and trained on this. Its no different than if you were facing a criminal investigation. It sounds to me that this is more than a hobby to you. If that is the case, treat it as such. If you are serious about LP's, you need to be proactive about your rights and protecting yourself.

Going with what DSP says and using his arguments...its never going to work in a court room setting.

My advice to you, and you can ignore this or whatever, is to lower the target on your back as much as possible. Don't use adsense and generate income through alternative means. Sell your own shit. Artwork, T-shirts, whatever. Make your own IP. Be different from the rank and file lazy LPers.
 
You are being obtuse. No company is trampling over Gout King's personal liberties; they're not saying he's not allowed to ever play their games, they're saying he cannot broadcast and make a profit over it.
But they are. If they weren't fucking around with this penniless nobody these DMCA strikes against him would be brought before a court and slaughtered like a fucking animal for being the overstepping nonsense they fucking are. In fact, I am so sure of this, and so angry at seeing companies bully random tards on YouTube, I am strongly considering going into IP law so I can represent idiots like Phil.

Edit: And no, I recognize DSP's arguments are weak, but that's because he's dumb as fuck. He acts like a headless chicken any time shit gets real but if you cut the quick on this, RS would recognize a disproportionately expensive legal battle with tons of negative press.
 
actually i have to side with null
you are given the ability to do whatever you want within the engine, just like you can build whatever you want with what bricks you have
editing the manual would like talking over the cutscenes and the like

I can see an argument that I am not correct with my assessment. That said, Lego company has sued numerous people and companies over protecting their IP and they are generally very successful.

I am strongly considering going into IP law so I can represent idiots like Phil.

I HIGHLY recommend you consider doing just this Null. Financially, it can be an extremely rewarding field to enter. I would also recommend you do your undergrad in like computer engineering or computer programming. It would look very good for you when applying to law school and potential employers may actually pay for your law degree.

I knew a couple of fellow mechanical engineering students that ended up going into law for grade school, specifically for IP law, copyright, shit like that. If you got a head for the legalese, along with the technical background, you will never be hurting for work.

Edit: sorry my English is fucking terrible.
 
Last edited by a moderator:
But they are. If they weren't fucking around with this penniless nobody these DMCA strikes against him would be brought before a court and slaughtered like a fucking animal for being the overstepping nonsense they fucking are. In fact, I am so sure of this, and so angry at seeing companies bully random tards on YouTube, I am strongly considering going into IP law so I can represent idiots like Phil.

Edit: And no, I recognize DSP's arguments are weak, but that's because he's dumb as fuck. He acts like a headless chicken any time shit gets real but if you cut the quick on this, RS would recognize a disproportionately expensive legal battle with tons of negative press.

I'm no lawyer, so I can't be sure about anything, only wildly and irresponsibly speculate about Phil getting legally fucked. I'll tell you this, though: I'd love to see a case about this taken to court so we could finally settle this once and for all. And I'll side with the big companies in this case because I personally despise Let's Players. I hope they get smashed in courts and that they have to find something else to avoid working.
 
This is just my opinion Null. If you wish to spend time, money, and energy into an internet career, more power to you.

My perspective is that its very easy for someone not having their IP stolen to say that abusing IP is not an issue. If you don't think you are running a risk at being shutdown for IP abuse...you are fooling yourself. Its only going to get worse in the future. More and more companies are going to start clamping down, especially since capital investment of making AAA titles is getting so large.

All of us here are "prison lawyers". We have opinions but none of us are trained on IP laws. At the end of the day, none of us know exactly what we are talking about. If its a legal situation that involves your income, I highly suggest you take the time to talk to someone that actually is licensed and trained on this. Its no different than if you were facing a criminal investigation. It sounds to me that this is more than a hobby to you. If that is the case, treat it as such. If you are serious about LP's, you need to be proactive about your rights and protecting yourself.

Going with what DSP says and using his arguments...its never going to work in a court room setting.

My advice to you, and you can ignore this or whatever, is to lower the target on your back as much as possible. Don't use adsense and generate income through alternative means. Sell your own shit. Artwork, T-shirts, whatever. Make your own IP. Be different from the rank and file lazy LPers.

i don't understand why you think that let's plays are an IP issue. They're not modifying code and selling the product. They're not printing out screencaps or trademarked artwork and selling it. They're not claiming that the game is theirs in any way shape or form. What you're talking about with China would fall under that---when they just rip code and IP and sell it for money as their own. That's an IP issue.

Let's players aren't selling the game though. they're selling their personalities, insights, and their perspectives. They're playing the game and reviewing it in real-time, and people's support for that enterprise is what funds them. I think you're biases against the value of let's plays makes you think this is an IP issue when it's really not. so long as there's an element of interactivity in the game, and the exercise of skill and commentary on the part of the let's player, i don't see how anyone who doesn't have a personal bone to pick with let's players should give a fuck.

i should say that i don't give a flying fuck about let's players and i don't enjoy watching any of them, but i'm not gonna shit on what they do or claim it is or should be illegal.

also, re: Ai Weiwei, the issue was that Lego didn't want to support his political ambitions and use legos for political ends.
 
I can see an argument that I am not correct with my assessment. That said, Lego company has sued numerous people and companies over protecting their IP and they are generally very successful.
It all depends on how transformative the work is. I mean, would Campbell Soup be able to sue Andy Warhol for reproducing their can on his famous painting? Probably not.

i don't understand why you think that let's plays are an IP issue. They're not modifying code and selling the product. They're not printing out screencaps or trademarked artwork and selling it.
In a sense, they are - most of the time, they're using the game title and logo on their title cards for monetized content, for example. Sure, a judge could interpret it differently and agree with you. Too bad we probably won't have a final showdown in the Supreme Court, People vs Larry Flint style, to settle this.
 
You are being obtuse. No company is trampling over Gout King's personal liberties; they're not saying he's not allowed to ever play their games, they're saying he cannot broadcast and make a profit over it.


Can you really impersonate a company to do a copyright strike on a channel nowdays? I know nothing about this, but one would think that the company doing it has to provide some legal info to Youtube on the form where they request the strike.

there are three possibilities:

1) the strike is real and phil is fucked.
2) the strike is phony and phil is rightfully pissed about yt's negligence in spite of their efforts to block false strikes.
3) the strike is real but was a mistake from within rockstar (just like the Atlus case)

1) is pretty self-explanatory. rockstar might be coming after let's players. the thing to do would be to check other let's plays of the same games and see if they got struck too, which brings us into all sorts of issues re: whether let's plays should be protected by fair use or not, or if companies will start clamping down on them. either way, it's a bigger issue than phil if it's true.

2) a well-executed troll attempt to fuck phil, which may or may not have been made by phil himself. however, this is also the best case scenario which phil needs to be true. if the strike was phony, then i think he's got a pretty good case for negligence and can sue for whatever he would have made the past week and for however long his channel is fucked for. not sure if he'll do that or just get back to e-begging as soon as it blows over.

3) if the strike was a fuck up from within rockstar, then his channel will most certainly get shut down if Atlus' slowness is any point of reference. He can't go after yt though if that happens, since the claim would have been legit. rockstar would have been in the wrong though, and he could presumably sue rockstar for the fuck-up.
 
I been watching DSP a long time and I don't think youtube/google has ever directly fucked him over. They change the site and it ends up screwing him but it's not their intention. IDK if they would take too kindly too legal threats. Rockstar is a big company so if these claims are legit Youtube isn't just going to ignore it. DSP losing everything he owns in a court battle with google would be perfect ending to his LOLcow legacy.
 
New Twitlonger with some insane parts
http://www.twitlonger.com/show/n_1sq0vhc
SqlXkrC.png


Phil responded to a Youtube email by threatening legal action and begging them to not shut down DSPGaming.


Does Phil think he could actually win a legal case again Google.
Ah ha...so it's exactly as I thought when the strikes were first announced.
Getting a response from YouTube beyond their generic email that DSP loves so much isn't likely. They are seeking for Phil to get this cleared up, not to clear it up for him.
And it is not a good idea to threaten to go to the media and embarrass their business if sufficient action isn't taken while at the same time pleading for assistance.
Not very street smart of DSP.
Curse must be sick of this fuckin guy already. Unsurprisingly, he learned nothing from Machinima firing him.
 
Odd we have not heard anything about the Atlus strike right? If Phil counter claimed them don't they only have a week or so to respond? He only needs one of these strikes to go away so either he knows the Atlus strike is about to expire and blew this all out of proportion to get money or he knows the Atlus strike is sticking so he has to get the Rockstar stuff taken care of as fast as possible.
 
https://twitter.com/TheyCallMeDSP/status/883903155330625536

Atlus strike was lifted. Which it was probably gonna be anyway, so now he can upload vids, take his vacation, and keep all the money people donated yesterday.
Huh, isn't that a fucking coincidence. Almost like this was planned, or something.
For those that are blocked
F9F8AlG.png


This was expected to happen, but its funny that all of his "fans" gave him money for a non-emergency.

What are the negatives to having a channel with two strikes on it, because if those Rockstar strikes stick what could that do to him?
 
Status
Not open for further replies.
Back