Linus Gabriel Sebastian & Linus Media Group / Linus Tech Tips - Narcissistic corporate shill YouTuber driving his media empire into the ground. KILL COUNT: 2

Nabeshin said:
It was ruled before that licenses are not enforceable by law and when they are, they can't go against the law. I don't know a lot about Canadian law but by they having a lot of anti-monopolistic and anti-corporativism laws, I imagine that Linus could have a good chance of winning.
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I don't know where you got the idea that licenses are not enforceable, I think you might be a bit misled - the wider truth is that they're not considered anywhere as ironclad as an actual contract. But its already established law that you cannot take a copy of a movie you bought, set up chairs, and charge the public to watch it - Nintendo's arguments regarding tournaments of their games tends to lean on that as their comparison, that a tournament event with money involved via sponsors or ticket sales or just business interests is comparable to charging people to watch a movie. Since that particular clause has already been ruled to be enforceable in past rulings, they've had enough standing to be able to drag it out against the players that try to contest it. There's also trademark and branding considerations to be had, but that's more of the fallback argument if the main stuff doesn't pan out for them.

As I said, its possible for a judge to make a ruling against Nintendo in such a situation - Especially in the modern era where game streaming is already arguably a public performance of a game for commercial interest. But you'd have to actually fight and argue it, it wouldn't be an easy win. There's also a serious risk of other major industry players siding with Nintendo, not Linus on this - A lot of them add additional language into their TOS to fence out live streaming, or have a separate Livestream agreement outside of the TOS, to allow them to control or shut down as they feel fit. A ruling that blanket just grants the right to public performances steps on that control they have, even if they don't currently exercise it, and there'd be vested interest in keeping that control. After all, there's a non-zero chance that in the future, games companies start to use these terms to push back and demand revenue from the licensed public performance of their software.

TL;DR Its going to be an expensive legal fight, and Nintendo does have a leg to stand on along with a huge coffer to fight it.
 
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Kuritan Deplorable said:
I don't know where you got the idea that licenses are not enforceable, I think you might be a bit misled
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IIRC, what was ruled unenforceable was the "shrink-wrap license", which was so-called because they included a term stating that you accepted the license when you purchased the product and opened the sealed package. Licenses that are also only displayed after purchase of download-only software also fall under this ruling. In order to be legally binding, they have to include a mechanism for the user to refuse the license and receive a refund.

There are more general restrictions on what a license can actually enforce that tend to get tested in court now and then, but the general rule is that anything that directly contradicts a user's established legal rights isn't enforceable. Also, anything that is too complicated for a reasonable person to understand is also generally deemed unenforceable. This is a shared precedent in all common law jurisdictions and is established law in a lot of other countries as well, so it's the same in canaderp.
 
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teriyakiburns said:
IIRC, what was ruled unenforceable was the "shrink-wrap license", which was so-called because they included a term stating that you accepted the license when you purchased the product and opened the sealed package
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Unfortunately you are not recalling correctly - Shrink-wrap licenses are only deemed unenforceable in most jurisdictions if there is no mechanism to refuse and request refund for said refusal, which does exist for pretty much any service provider. Not easily, I might add, but courts don't mandate convenience most of the time. There's very few places I know of that actively ban shrink wrap licenses entirely, and Canada definitely isn't one of them.

What you might be thinking of is that there was a lot of ruling over the last 5-10 years that Shrink Wrapped Licenses are extremely restricted in their ability to enforce terms regarding personal data collection. Part of why we've seen the rise of everything wanting you to use an external service account - using that copy of Call of Duty doesn't gather much, if any personal data, but your battle.net account does under its terms.

teriyakiburns said:
anything that directly contradicts a user's established legal rights isn't enforceable
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This is correct, you can't use an EULA to sign away your rights and privilege's, which is why its basically impossible to stop piracy, at least in the US, since its an already established right to create copies of software for backup purposes, or modify software running on your own machine. Distributing them is illegal, but the mechanism to create cracked copies is basically protected as a result. Public performance of an entertainment product you don't have a performance license for is not an established legal right.

teriyakiburns said:
Also, anything that is too complicated for a reasonable person to understand is also generally deemed unenforceable.
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Correct for the most part, but once you start using the software in a commercial avenue, IE running an event with it under a formal organization, you'd lose this protection regardless, as you are no longer a reasonable person, you are an entity who is expected to have legal representation that can review and understand the terms you're agreeing to. This argument of higher legal understanding would probably also extend to the accepting of the license as a whole in the first place for a business - LTT, in the process of acquiring the licenses for the game for the tournament would be reasonably expected to have their lawyer review the terms of service (Which are generally publicly available via websites or contact, a reasonable expectation of labor for a lawyer) before they do anything including a purchase.

This isn't a fight Linus can just presume a win in - He can't use the arguments of an uninformed individual acting within consumer expectations to justify the actions of a registered entity with a profit motive.
 
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Meanwhile on Bing
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ModelCitizen said:
Meanwhile on Bing
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To be fair, you have to have a certain mindset to tolerate Linux and dedicate quite a few hours on it (or playing with the kernel/terminal/distro/etc.) every time it breaks - the patience to debug and customize everything from the ground up. So that's a point towards being an autist, since there's a certain type of obsessiveness to details that is associated with being autistic. This doesn't mean people who actually have OCD are more likely to be autists, though. There's also research being done that suggests that troons are also likely to be autists, because autists see things as more of a binary - they don't completely act like a stereotypical member of their sex, so they figure that they're the other sex instead.

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Idaho Battle Barn said:
I wonder if he doesn't feel the need to improve because the spectacle is what people flock to his videos for.
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Before I knew linus was a cow, I found his "dropsies" habit fucking infuriating. That's why I told Youtube to stop showing me linus. They don't care, they still show me linus.
I do like that his wacky shack warehouse is an uncontrollable money fire, and that forcing his employees to work on his, sorry, the "Tech tips" house resulted in easily preventable and stupid errors.

Essentially, as long as he's losing money and not fucking up rare hardware, I'm happy.
 
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Kuritan Deplorable said:
Any normal lawyer will put the axe to that - Nintendo puts all those rules into their use of license agreement as its a public performance of the software. Is ironclad what direction a judge would rule? No, there's a chance that a Judge decides its unenforceable. Is it likely? probably not, there's well established precedent ruling against public performance of single-user licensed softwares, especially when theirs a profit or financial motive involved for people - if not the org, then the players. Any sane lawyer will laugh and say fuck off no way. What's important is that it wouldn't get Nintendo laughed outta court, the case would be heard and it would be financed by Nintendo, so your not gonna outlast them. LTT does not have the capital to play games at that level, they'd be liquidated in short order.

But we've all seen the quality of LTT's usual hires. It might be they have an ego retard who thinks he can beat Nintendo of America in a dirty tricks legal ruling.
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Rules like this and Japan's laws against gambling is why you get the big name Japanese players travel all over the world. In Japan, they play for t-shirts, consoles, and other things; because winning cash money runs afoul of their gambling laws (it's also why Pachinko has you win balls, you then exchange for prizes, it's a dumb side-step). And it wouldn't surprise me if it's Home Nintendo wanting to do things the Japanese way; because when I looked at their list of demands, my first thought is they're trying to make worldwide tournaments in line with how they do things over there.

As easy as it is to make fun of Jebailey when he fucks up and does dumb shit, he runs a good show and talks openly about how hard (and expensive) it is to run a tournament. Nintendo's rules are literally smothering babies in a crib cruel that kills any sort of larger (and thus more prestigious) tournament. Limiting in person competitors to only 200 bodies (online to 300) and and max charge of $20 to play; while spectators can only be charged $15 and that $15 cannot be prize pooled. Now you can't have a single prize exceed $5,000 and you can only award up to $10,000 per 12 months? Oh, and the organizer can only earn up to $10,000 per 12 months. What else is banned; Tournaments where participants are paid via their performance, sponsors offering goods/money, and the sales of merch, food, drink, etc. Call me fucking crazy, but this feels less like a license, and more like an employment contract. I don't know if this is going to be a good thing or a bad thing; but this would force tournaments to go back to using college rec rooms and begging to get more bandwidth (bandwidth is surprisingly expensive, especially when running multiple streams and shit).

I'm unironically wanting someone to take Nintendo to task; because holding this much power over a fucking tournament is ludicrous, just do a fucking traditional shakedown and say they need to pay the King his tribute. I'm not sure Linus is the right person though; he likes to talk big, but I know if money/sponsorships are at stake, he'll fold.

All that being said, Smashers need to learn to play a real fucking game. Get good retards. Even Sakurai knows that command inputs are better than your one button does everything nonsense.
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Just look at this smirk. he's saying oh look at me now, people wanting me back with all that I did. jokes on you i robbed people and oohhh look. they want me back. i guess lionus is back right? he's wanted, we must get our tech info from him now and let him tell us whats good. who wants those pesky, graphs and tables and stuff or something done with a basic scientific model like removing variables.
 
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In a minor cow crossover, Linus replied to some obscure video on the channel of the transgender boyfriend of F1nn5ter, a "femboy" twitch streamer who was loosely connected to the goonergate drama through SodaCat. The video he replied to is entitled "My Femboy took knives to the airport" (Archive) and has a short clip in the middle containing a brief shot of F1nn5ter wearing a LTT backpack, which is what Linus comments on.
My question is how he noticed this quick shot of a backpack at the 21 minute mark of a 27 minute long video, to me that indicates he watches all of this tranny's videos.
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After seeing this comment, F1nn5ter has asked Linus to build him a "femboy" themed computer while wearing a maids dress and offered to pay him for it.

For full related clips see https://kiwifarms.net/threads/f1nn5ter-jude-howarth-rose-elizabeth-evergreen.169284/post-17115620
 
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