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Monetizing of fighting game content.

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  • 09-08-2013 11:03am
    #1
    Closed Accounts Posts: 632 ✭✭✭


    Interesting video about an order from Capcom that brought about the end of cross counter live and excellent adventures. Its a long video but its only really the first part that is relevant and some might be interested in looking at it.

    Personally I think it is very short sighted of Capcom but I do understand some limits regarding making money out of copyrighted content. I also think that Gootecks and Mike Ross could have handled the situation better by being open and exposing the situation to the community. We have seen plenty of turn arounds from corporations.



Comments

  • Moderators, Music Moderators Posts: 25,868 Mod ✭✭✭✭Doctor DooM


    If I'm understanding correctly- and I have spent a considerable amount of time looking into this in the past, as my FG content is monetised- this isn't simply a matter of them being short sighted.

    Capcom had a licensed agreement- a contract- with another company, Prima, presumably exclusive, to create guides for SF4.

    I assume, based on what Gootecks has said, that Capcom USA were actually fine with what CC were doing, but that the support was implicit.

    When Capcom Japan heard about it though, as the bosses and with no affiliation with CC, they simply said shut this down to USA. Again, based on what they said, Capcom USA were quick to find some form of support for CC and thus they started the tournament videos.

    This being said- I feel very bad for Gootecks. It sucks that someone who spends time trying to generate proper, quality content and was feeding it back into the community got shafted like this.

    One sad thing to add to all of this. I reckon I know why Ultradavid was so mad keen to go to war on this. There is a law in America about fair use of other people's copyright in a use of a transformative work. While this is a law, it's never been successfully challenged in a court- despite, intuitively, saying if you add commentary, webcams, live gameplay et al it is clearly a transformed work and the original copyright should not apply. This area is David's baby and he's big into freedom from copyright etc, so I'd say he's raring for the chance to go to town on it.

    It's all very sad, really, when you think about how much fun excellent adventures was.


  • Moderators, Music Moderators Posts: 25,868 Mod ✭✭✭✭Doctor DooM


    Just in case anyone is wondering- In my experience, here's how the various FG companies in my experience rank in terms of interference to me giving them effectively free advertising. I'm not including Nintendo because I don't have any music int heir footage (that's usually how the companies tag you.)

    Best

    Atlus- I do not think they have ever claimed a single thing from my channel.
    Netherrealm- Only in second because I don't have their footage up as long as Atlus.
    SNK- Nearly tied for first but I got claimed by MLG on my KoF footage. They apologised immediately and removed the claim.
    Capcom- Have had claims based on cinematics (never record FG cinematics, ladies and gents) and have similar if for some reason a theme is left playing with no other sound for some time. Still very occasional and easy enough to work around.
    Namco- Terrible. Claim nearly everything based on music. Make it nearly impossible to get footage.

    Worst

    Apologies if I missed anyone, remind me and I'll chuck them in :)


  • Registered Users Posts: 11,005 ✭✭✭✭chopperbyrne


    Netherrealm?

    They seem pretty cool about their game footage being used.

    Nintendo will probably sue you any day now too!


  • Registered Users Posts: 3,239 ✭✭✭UberPrinny_Baal


    I assume the only reason Doom didn't write Nintendo was because they murdered him and posted that comment from his machine.


  • Registered Users Posts: 18,707 ✭✭✭✭K.O.Kiki


    Wait, Prima/Capcom (JP) wanted to shut down CrossCounter because CC were creating content -- put together from PUBLIC DATA (frame data), and formatted by themselves?

    Next you're gonna tell me they'll put a C&D on the Rindoukan Bible!


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  • Moderators, Music Moderators Posts: 25,868 Mod ✭✭✭✭Doctor DooM


    Post updated above...
    K.O.Kiki wrote: »
    Wait, Prima/Capcom (JP) wanted to shut down CrossCounter because CC were creating content -- put together from PUBLIC DATA (frame data), and formatted by themselves?

    Next you're gonna tell me they'll put a C&D on the Rindoukan Bible!

    No Kiki, Capcom C&Ded them (entirely different from shutting a company down, it's legally asking them to stop doing one specific thing- Capcom America later said no problem to them doing tournament footage) because they had what was probably a legally binding agreement that only Prima could do so with Streetfighter and Brady with MvC.

    We don't know how Capcom America felt about all this at all, the order to do so came from Japan.


  • Registered Users Posts: 955 ✭✭✭GorySnake


    Post by UltraDavid explaining all the legal stuff he did for CC

    http://www.neogaf.com/forum/showpost.php?p=75437587&postcount=1766


  • Registered Users Posts: 7,499 ✭✭✭Sabre0001


    I spoke to a couple of fighting game people for my thesis...think it was UltraDavid that said that those producing videogame content were kind of OK because Capcom JP didn't know about it, but that if that side found out then some tournaments and producers could have some trouble.

    Must watch the vid, but that's really disappointing. Really enjoyed CC & Excellent Adventures.

    🤪



  • Moderators, Music Moderators Posts: 25,868 Mod ✭✭✭✭Doctor DooM


    GorySnake wrote: »
    Post by UltraDavid explaining all the legal stuff he did for CC

    http://www.neogaf.com/forum/showpost.php?p=75437587&postcount=1766

    That's a really interesting read. It's annoying everyone doing what they (and I) do could have the rug pulled at any time, and it's interesting that the implicit support over time comes to have a certain legal standing. In the states, anyway.


  • Registered Users Posts: 241 ✭✭Kanped


    I've only dealt with in in regards to employment law but in the UK, any implied contract is legally binding where a written contract doesn't exist. Since CC and Capcom USA didn't have a written contract and they were aware of what they were doing long before the C&D, they could definitely have argued it from that grounds in addition to the transformative work angle. It's a real shame the rest of the group didn't get behind Gootecks on this and fight it, and it's a shame he didn't fight it anyway. I think they would have won a landmark victory and made producing content better for everyone, even the companies who were against it.


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