DarksydePhil / TheyCallMeDSP / Phil Burnell - General Discussion

[EddyB43]

Any of you remember when someone cheered and said to dsp he should challenge himself and play something without help... or something like this. And then dsp probably called him an idiot, and that he did that years ago when he wasnt streaming... and challenge complete! followed by probably an akackack. 10 secs later, he turned to chat for help.

When was this? Maybe a concrete video? Maybe @EddyB43 remembers?

Funnily enough it actually was Spyro 1, which I imagine is why the troll question was asked - he was getting so much paid advice from the chat. Easiest place to link is DragonSlayerVlog's TIHYDP, ~24:39 in.
EDIT: If you want to see it 'raw' plus the $2 tip showing up on screen, it's in DSP's pt22 "The Most Elusive Wizard" at 4:05, the rant begins at 4:30. Here's the tip:

The Twitter rant he's referencing is on October 3rd before his main stream, the 2nd time playing Spyro 1, when DSP saw a tweet mocking games journalists that even DSP can beat Cuphead and he loses his mind. This is just the start of the tweets, not even the entire rant.

 

[CabbageMan]

@neger psykolog I just don't understand why he thinks he needs two internet lines especially since he's living alone now. Got to keep the business line for wireless gaming and youtube uploads and the residential for mobile games and netflix I guess. Also why does he need a static IP he's not running a server or anything is he?

It makes sense from a tax perspective. If he used the same line for both he'd have to get into percentage of use and we all know he's too lazy to do that. I also work from home filing 1099 have a cheap business line and a residential line because IRS audits suck ass.

I'm not exceptional and paying $200+ for them, though.

 

[JamFlowMan]

Speaking of Phil not liking to play games, how many unfinished playthroughs is his currently juggling. AC Origins, Mario, COD, Wolfenstein, Sonic although it is supposed to be really short, are there any others? These are just games that could potentially be finished because there is no hope for the final act of Shadow of War/Yakuza or if you want to go further back Nioh/Nier

Looking at game releases it seems there is nothing else Phil will touch but Battlefield 2 so he will probably get around to all of these, but with the number of complete playthroughs already available today not even all of Phil's fans will stick around while he drags his feet for the rest of the year.

Side question did he waste money on Nioh's season pass, and how many other season passes has he wasted money on?

 

[JackDavis]

Side question did he waste money on Nioh's season pass, and how many other season passes has he wasted money on?

He usually doesn't buy season passes because by the time that content comes out, the game will be at least a month old and who plays month old games?

 

[Null]

I can't monetize footage of myself watching a movie I bought, or footage of myself reading a book outloud/showing the pages I'm reading, or footage of myself listening to the new Taylor Swift album.

Except you can. MS3K is proof of that. They didn't fight the copyright complaints in court, but DMCA is so strong now and left so completely unchecked (in part because the powers that are abusing it are monsters like Nintendo and the MPAA) that little fish like the MS3K, and even Internet-whales like YouTube, would rather back off than fuck with it.

Anyone willing to make these arguments that Let's Plays and shit like MS3K aren't fair use are so blinded by contempt for DSP's lifestyle that they're willing to throw their own ability to profit from their own work under the bus just to spite him. And face it, DSP's life isn't even good. If he was cashing million dollar Twitch.TV checks he'd still be a dumpy middle aged man with no lovers sitting alone every day entertaining children he hates playing games he doesn't like so he can keep up his own lifestyle that he doesn't even enjoy.

But really fuck you people who are anti-fair use.

 

[JackDavis]

Except you can. MS3K is proof of that. They didn't fight the copyright complaints in court, but DMCA is so strong now and left so completely unchecked (in part because the powers that are abusing it are monsters like Nintendo and the MPAA) that little fish like the MS3K, and even Internet-whales like YouTube, would rather back off than fuck with it.

Anyone willing to make these arguments that Let's Plays and shit like MS3K aren't fair use are so blinded by contempt for DSP's lifestyle that they're willing to throw their own ability to profit from their own work under the bus just to spite him. And face it, DSP's life isn't even good. If he was cashing million dollar Twitch.TV checks he'd still be a dumpy middle aged man with no lovers sitting alone every day entertaining children he hates playing games he doesn't like so he can keep up his own lifestyle that he doesn't even enjoy.

But really fuck you people who are anti-fair use.

Nobody has said they're anti-fair use. I've just said you were wrong, and you're continuing to be wrong.
Arguing the validity of law isn't the same thing as being an advocate for/against the law, so stop letting your contempt influence how you view the law.

You claim that MST3K is proof of fair use in the case of movies, then you go on to say they and YouTube never fought the copyright claims in court. So they would rather back off than prove that fair use is valid. They have proved that DMCA currently is very valid though.

 

[Null]

Nobody has said they're anti-fair use. I've just said you were wrong, and you're continuing to be wrong.
Arguing the validity of law isn't the same thing as being an advocate for/against the law, so stop letting your contempt influence how you view the law.

You claim that MST3K is proof of fair use in the case of movies, then you go on to say they and YouTube never fought the copyright claims in court. So they would rather back off than prove that fair use is valid. They have proved that DMCA currently is very valid though.

Let's Plays are fair use and the only precedent against this being true is that YouTube willingly capitulates to the demands of corporations. There is no case law to back up what you say. You are the one arguing from a position of ignorance.

If DSP could somehow take the exact same demonetized content and host it on his own website he could throw all the DMCA notices he gets in the trash and would never see a day in court over it.

 

[AmericFront]

Speaking of which the video of him shitting on captainwhoeverface is at 7,499 views a little over 24 hours after being uploaded.

Here is a list of the videos DSPGaming has which have passed 7K views:

• 11 days ago: Mario Odyssey Part 1
• 11 days ago: AC: Origins Part 1
• 11 days ago: Wolfenstein II Part 1
• 21 days ago: South Park Parts 1-5
• 24 days ago: Evil Within 2 Part 1
• 28 days ago: Shadow of War Part 1
• 35 days ago: Spyro Part 1
• 37 days ago: Cuphead Part 37 (ending)
• 38 days ago: Cuphead Parts 1-3

Notice a pattern?
View attachment 309321

EDIT: I went and checked. Even after 6+ years, his videos from 2011 are lucky to have 20K views. "Most beloved" gamer on YouTube.

Has SSoHPKC ever mentioned DSP?

 

[Confidential Baldwin]

Except you can. MS3K is proof of that. They didn't fight the copyright complaints in court, but DMCA is so strong now and left so completely unchecked (in part because the powers that are abusing it are monsters like Nintendo and the MPAA) that little fish like the MS3K, and even Internet-whales like YouTube, would rather back off than fuck with it.

Anyone willing to make these arguments that Let's Plays and shit like MS3K aren't fair use are so blinded by contempt for DSP's lifestyle that they're willing to throw their own ability to profit from their own work under the bus just to spite him. And face it, DSP's life isn't even good. If he was cashing million dollar Twitch.TV checks he'd still be a dumpy middle aged man with no lovers sitting alone every day entertaining children he hates playing games he doesn't like so he can keep up his own lifestyle that he doesn't even enjoy.

But really fuck you people who are anti-fair use.

I’m afraid that if someone actually got this issue into court, the right lawyer would point out that the EULA states something along the lines of “for home use only” and “not for commercial use” or some shit. Whether that holds up or not is going to come down to the judge’s bias and how good the defendant’s lawyer is. That wording is the same that is on every dvd, Blu-ray, cd, etc. I agree that MST3K, Let’s Plays, and whatever Phil puts out are well under fair use, but that doesn’t mean that if they went to court it would be a slam dunk. That’s why they do RiffTrax now, just releasing audio commentary.

Phil’s rants about how legal what he does with no real justification to back it up may get him in trouble one day, if he gets a legit copyright strike and goes to court over it. If not him and his big mouth, then somebody that’s a big fish. The court battle would almost bankrupt anybody whether they win or lose.

 

[Shark]

Has SSoHPKC ever mentioned DSP?

Yes and No, most interactions are dsp tweeting at him. The occasional reply is just responding to DSP’s questions about where he is in a game, editing videos. Etc / Nothing really stands out if that’s what you’re asking.

 

[Quan_Chi]

He usually doesn't buy season passes because by the time that content comes out, the game will be at least a month old and who plays month old games?

This is the part that bugs me is a lot of the games he plays can be played through multiple times. Like DAI, Horizon, ME:A, etc. there is tons of content to be had. Nothing like paying $60(or if you're Canadian, $80-$90) to drop a game when you beat it once or at all in DSP's case.

I just can't fathom why this is the good life for him. All those games and not giving a shit about any of them. Tally up all those purchases every year and you could put a sizable dent in the massive debt he supposedly has.

 

[Dragoonism]

DSP enjoys videogames? He does not.
-When they asked, what game he enjoyed in recent memory, he had no answer.
-Rushes through games, calls them "projects".
-Even tho there are more games now, he refuse to spend more time gaming. Calls it "work".
-Doesnt play these games when not streaming.

Any of you remember when someone cheered and said to dsp he should challenge himself and play something without help... or something like this. And then dsp probably called him an idiot, and that he did that years ago when he wasnt streaming... and challenge complete! followed by probably an akackack. 10 secs later, he turned to chat for help.

When was this? Maybe a concrete video? Maybe @EddyB43 remembers?

-Refuses to play games unless he gets paid for it!

 

[RIP_SANITY]

Even better, right after beating Cuphead DSP went onto his Patrons' Choice playthrough of Spyro... and needed most of the game explained to him in the chat. Consider all these silly failures in a platformer aimed at children, and arguably much easier than Mario 64:

• It took minutes for him to figure out the silver dragon pickups are extra lives.
• He thinks the dragons saved count per level is actually 'how many lives you picked up'.
• It takes him minutes after realizing that the right stick does nothing to even try the 4 shoulder buttons to control the camera and discover the roll move.
• It takes hours for him to realise he can hit the egg thieves with flames rather than just run into them.

He regularly needed chat to CHEER him money with the advice. It shows that DSP struggles to learn, since you could compare Cuphead to 'Nintendo Hard' 8 & 16bit games that DSP had experience with in his childhood. Remember he has beaten Mega Man 1-6, X1, X2, X4 & X5 as part of 2 marathons on real hardware, only notable 'abuse' was the Elec Man glitch on Mega Man 1's Yellow Devil fight. But simple 3D platformers when he 'skipped' those console generations... he's lost.

also, he sucked a lot with X5. He died so much on 3 sections: Adler's bike section, Shadow Devil and Sigma.
hell, the X games aren't typically considered very hard (barring X3, X6 and X8. although in X6's case, it's for all the wrong reasons)

 

[Roasted]

If DSP could somehow take the exact same demonetized content and host it on his own website he could throw all the DMCA notices he gets in the trash and would never see a day in court over it.

Love how the man who deals with DMCA notices all day gets "autistic" ratings for his statements regarding DMCAs.

The ball is rolling, can't wait for the new DSP staple of referring to himself as a celebrated internet freedom warrior who will go down in the annals of history. (he will, but not in a positive light)

 

[Null]

I’m afraid that if someone actually got this issue into court, the right lawyer would point out that the EULA states something along the lines of “for home use only” and “not for commercial use” or some shit. Whether that holds up or not is going to come down to the judge’s bias and how good the defendant’s lawyer is. That wording is the same that is on every dvd, Blu-ray, cd, etc. I agree that MST3K, Let’s Plays, and whatever Phil puts out are well under fair use, but that doesn’t mean that if they went to court it would be a slam dunk. That’s why they do RiffTrax now, just releasing audio commentary.

Phil’s rants about how legal what he does with no real justification to back it up may get him in trouble one day, if he gets a legit copyright strike and goes to court over it. If not him and his big mouth, then somebody that’s a big fish. The court battle would almost bankrupt anybody whether they win or lose.

You can write whatever you want into terms. I can make a term of this site that you have to send me pics of your tits if you're a hot chick. The problem is those are called "legally unenforceable" terms. When Equifax had a data breach and set up some shitty wordpress site to basically tell you "you're fucked", they tried to write into the terms that using this site exempted you from being able to enter into a class action lawsuit against them. These terms were "legally unenforceable" and Equifax eventually removed them and lied about their purpose.

In truth the only thing breaking my titty terms does is give me justification in denying you access to my site, but that's better covered by the fact I can deny you access for any reason or no reason at all. Nintendo can try to instruct retailers not to sell games to DSP, or ban him from only stores they control. That sort of shit. They don't really need to write it into the terms that you can't stream Lets Plays with their games to do that, it's just their freedom of association. Though the flip side is nothing would legally prohibit DSP from buying their games from a willing third party and stream it on a willing platform. You simply do not get to decide who uses the shit you make and for what purposes.

This is the only reason this site can exist. If DSP had the unlimited control over his own IP that people purport Nintendo does over theirs, he could essentially remove any audiovisual works from this thread and outright ban all TIHYDPs. After all, if DSP providing kawmentary while playing a game isn't Fair Use, why is using his video and making a megacut of him fucking up Fair Use? In the nightmarish world the anti-Fair Use people think we live in, it would not be. Nintendo is simply exercising as much power as sites like YouTube let them get away with. The blessing of U.S. Law is not obligatory.

 

[RIP_SANITY]

Love how the man who deals with DMCA notices all day gets "autistic" ratings for his statements regarding DMCAs.

View attachment 309529
The ball is rolling, can't wait for the new DSP staple of referring to himself as a celebrated internet freedom warrior who will go down in the annals of history. (he will, but not in a positive light)

Well, remember, he claimed he was the Edward Snowden of the FGC during his last SFV rant.

 

[Rare Drop]

But Kekon still isnt willing to stand up to Phil and say "hey, I think you're wrong in this" for fear of being banished from the kingdom and residual twitch views from Phil hosting him. I wonder how many twitch views someone's conscience is worth.

He still gives sass once Gouty leaves- I remember him going on about how Phil's salt was obnoxious during Tekken 7's highs. Maybe some of the decent ones left will just leave quietly.

 

[Detractress]

I think the problem with DMCA and Phil is... is his work transformative enough? It would take a court to decide and even in that case, after it bankrupted whichever youtuber fought that fight, it would relate only to them, and not the letsplay community as a whole. Is simply playing a video game transformative enough?

We can look at letsplayers like pewdiepie, or markiplier, or jacksepticeye, and you see a lot of editing. You see a blatant transformation of its not the game that you're watching so much, its the entertainer. With Phil its the opposite. You have a guy, on a couch, playing a video game, with zero editing and I dare say zero personality. You have him including full cutscenes which is no longer even transformative on the fringe by saying just by playing the game you're transforming the original work because the original work has the choice of you can go left or you can go right. But the cutscenes have no choice, thus no transformation even in Phil's sense of tranformation. Perhaps that's why he talks over the cutscenes? To give some illusion of transformation?

DMCA has never been challenged successfully in court because for the most part, gaming companies (with the exception of Nintendo) like letsplayers. They see letsplayers as free publicity for their games. So they turn a blind eye to copyright in the name of publicity.

This doesnt mean that I agree with DMCA in its current form. Its archaic and doesnt take into consideration an industry that has exploded in the past 10 years. And it will probably take another 10 years for the law to catch up with the world. Because lawyers do ask the what if questions, and they'll ask those questions a LOT. Because they need to.

 

[neger psykolog]

I think the problem with DMCA and Phil is... is his work transformative enough? It would take a court to decide and even in that case, after it bankrupted whichever youtuber fought that fight, it would relate only to them, and not the letsplay community as a whole. Is simply playing a video game transformative enough?

We can look at letsplayers like pewdiepie, or markiplier, or jacksepticeye, and you see a lot of editing. You see a blatant transformation of its not the game that you're watching so much, its the entertainer. With Phil its the opposite. You have a guy, on a couch, playing a video game, with zero editing and I dare say zero personality. You have him including full cutscenes which is no longer even transformative on the fringe by saying just by playing the game you're transforming the original work because the original work has the choice of you can go left or you can go right. But the cutscenes have no choice, thus no transformation even in Phil's sense of tranformation. Perhaps that's why he talks over the cutscenes? To give some illusion of transformation?

DMCA has never been challenged successfully in court because for the most part, gaming companies (with the exception of Nintendo) like letsplayers. They see letsplayers as free publicity for their games. So they turn a blind eye to copyright in the name of publicity.

This doesnt mean that I agree with DMCA in its current form. Its archaic and doesnt take into consideration an industry that has exploded in the past 10 years. And it will probably take another 10 years for the law to catch up with the world. Because lawyers do ask the what if questions, and they'll ask those questions a LOT. Because they need to.

Agreed. His work doesn't have to be transformative though, I believe he could technically do "Lets Plays" as a form of commentary/review which is covered under fair use.

The only reason, as you've said, that no one has a definitive answer is that no YouTuber, including DSP or even pewdiepie has put their money/life on the line over it. They only seem to cry foul when it suits them.

And many of these YouTube/Lets Players seem to think its all YouTube's fault. It's not. YouTube when it first existed never gave you any ability to make money off your videos, but now that its available people seem to take it as an earned right. None of them paid to invest in YouTube or put money into YouTube to keep it afloat this entire time that its been draining money.

The only hope for YouTube to ever become more profitable is to have a good relationship with advertisers, people like DSP think YouTube is going to shit on the advertising industry before they shit on YouTubers. Get fucking real. For every 1 serious advertiser that signs up there are probably 10,000 people just like Phil who think they're being targeted because of demonitization. No that's not the case, its just when it comes to DMCA requests and demonitization there is very little incentive for YouTube to actively care about your shitty channel.

Sure there was a time when YouTube could willy nilly throw advertisements on just about anything and no one would care, but then politics got involved and advertisers began to vote with their wallet.

As others have said, if DSP or other "content creators" do not agree with Google or YouTube's handling of DMCA requests or the advertising industry they can easily set up their own video sharing website, and manage their own relationships with advertisers.

 

[Le Redditeur Part Deux]

I can't monetize footage of myself watching a movie I bought, or footage of myself reading a book outloud/showing the pages I'm reading, or footage of myself listening to the new Taylor Swift album.

Depends on the actual wording of the product in question.

Let's say you bought a car. Purchasing a car gives you full ownership of the vehicle, so you can photograph it, record yourself doing whatever with it, and you have full rights to monetize that footage if you want to.

Now, when you purchase a book, or a movie, you actually purchase a copy of that particular item. Since they're protected by copyright (unless it's something from public domain, of course), you don't have the rights to broadcast it.

Now, where do games (and software in general) fit in this category? Nobody really knows, because it was never tested in court. In principle, you don't own the rights to broadcast the game footage, only to play it. But it's currently a grey area.

EDIT: I saw Null mention MST3K in regards to fair use (sorry, I'm too lazy to properly quote the post). They never relied on fair use, as far as I know: they fully licensed all movies they shown (except for those public domain shorts from Coronet and such). That's actually the reason why they had problems with the DVD distribution of MST3K: their original license didn't cover DVD redistribution, so they had to go the copyright owners to renegotiate, and more than one of them demanded more money because MST3K made their movies more "popular".

If you go to Rifftrax, you'll see that the only riffs they have available in video form are the public domain stuff.