General Discussion for Virtual Youtubers / Vtubers / Chuubas - it's okay to be a simp for 2D, just don't thirstpost.

Zen sad posting on main T/A, T/A
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The drunk stream is down, but why the fuck are you drinking before lunch.
Zen has a healthy relationship with alcohol. T,A
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I'm curious about why you seem so confident that a copyright holder doesn't have rights over the creation and distribution of derivative works, particularly on a site that has advertising, making money off of said derivative works.
Because transformative fanart comes under fair use, which is perfectly legal to profit off of.
 
Because transformative fanart comes under fair use, which is perfectly legal to profit off of.
"A work is a derivative work if it [recasts,] [transforms,] or [adapts] a preexisting work. The owner of a copyright may exclude others from creating derivative works based on the owner’s copyrighted work."

"A copyright owner has the exclusive right to prohibit or authorize the preparation of derivative works."

https://www.ce9.uscourts.gov/jury-instructions/node/271
 
If you expect me to turn this into some argument where we go back and forth posting case law, there will be no such thing occurring. It's perfectly legal to profit off transformative fan art. The gray area is determining whether something is transformative enough or not.
We can't go back and forth because you have nothing. If you were right, everybody who makes fan games would just keep making them after being told to stop, and they're retarded for stopping because they're in the right and would easily win. You're highly confidently wrong.
 
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The gray area is determining whether something is transformative enough or not.

If you were right, everybody who makes fan games would just keep making them after being told to stop
It comes down to going to court, even the DMCA leads in that direction. They stop because they don't have the pockets deep enough to fight cunts like Nintendo even if they do have a case.
 
Legal or not, flagging down fanart for copyright is cancer optics-wise, and she should've dropped the company doing it immediately.

These takedown companies operate by having bots and/or pajeets spam DMCAs en-masse based on keywords; which in itself is retarded as that will obviously cause false-positives, but especially so since she's having them sign potentially fraudulent legal documents on her behalf.
 
Speaking of Zen
The VTuber he had a falling out with Ari (the one he made a Discord announcement about)
made a stream about it ( I think it was because some of zen's fans started attacking her)
Summary:
- She never wanted to talk about this publicly
- The announcement was a shock since they had stopped talking for weeks by then
- There have been problems for a while now
- Zen was very unhappy with who she hung out with on stream ( might be ironmous)
- They tried resolving it, but things never seemed to change
- She decided to step away from zen
- she wanted to go quietly their separate ways
- Their friendship can't be fixed
- still hopes Zen will be ok

edit: example of Zen's fans attacking Ari
 
Speaking of Zen
The VTuber he had a falling out with Ari (the one he made a Discord announcement about)
made a stream about it ( I think it was because some of zen's fans started attacking her)
Summary:
- She never wanted to talk about this publicly
- The announcement was a shock since they had stopped talking for weeks by then
- There have been problems for a while now
- Zen was very unhappy with who she hung out with on stream ( might be ironmous)
- They tried resolving it, but things never seemed to change
- She decided to step away from zen
- she wanted to go quietly their separate ways
- Their friendship can't be fixed
- still hopes Zen will be ok

edit: example of Zen's fans attacking Ari
>>Doesn't go scorched earth with proof that he's a man
God I hate when people are reasonable
 
>>Doesn't go scorched earth with proof that he's a man
God I hate when people are reasonable
Are you retarded ? The majority of his audience know he's a guy, they're just playing along because of kayfabe. This would just make her look terrible for spilling personal information and trying to ruin someone for .... having a not super friendly spit ?
 
- Zen was very unhappy with who she hung out with on stream ( might be ironmous)
- They tried resolving it, but things never seemed to change
- She decided to step away from zen
- she wanted to go quietly their separate ways
- Their friendship can't be fixed
- still hopes Zen will be ok
This is the most womanly thing I've ever seen and has done the most to convince me Zen may be a woman with how much of a pussy bitch this would be for a man.

The only other thing I can think is that Zen was dating this person, the split with VShojo happened, Zen asked them to stop hanging out with them and they broke up cause she chose fame over relationship.
But even then.
I don't think so.
 
Because transformative fanart comes under fair use, which is perfectly legal to profit off of.
not true at all. the ip holder can fuck you whenever they want if you're getting paid, probably also if its free work. its a PR nightmare in some cases in other cases its disney. most if not all vtuber fan art doesn't fall under parody.

If you expect me to turn this into some argument where we go back and forth posting case law, there will be no such thing occurring. It's perfectly legal to profit off transformative fan art. The gray area is determining whether something is transformative enough or not.

the caselaw is solid that the ip holder can stop you from drawing their shit. the only defense for fair use is parody and thats a strict test.

It comes down to going to court, even the DMCA leads in that direction. They stop because they don't have the pockets deep enough to fight cunts like Nintendo even if they do have a case.
Read up on Disney's lawsuit against the Air Pirates and Dr seuss' estate's lawsuits against the OJ simpson parody and star trek mashup books, IP law is highly in favor of the holder. the only defense is parody and all three failed the test.

Legal or not, flagging down fanart for copyright is cancer optics-wise, and she should've dropped the company doing it immediately.

These takedown companies operate by having bots and/or pajeets spam DMCAs en-masse based on keywords; which in itself is retarded as that will obviously cause false-positives, but especially so since she's having them sign potentially fraudulent legal documents on her behalf.
it wouldn't be fraud for fanart, it's well within her rights to stop any artists. its bad pr for sure.
 
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