Knowing the esteemed legal pedigree of those here at the League, I was hoping some of you could help me tease out the major concerns here and on what basis the parties involved could pursue their claims,
“Nintendo is now claiming ad revenue on user-generated ‘Let’s Play’ videos that feature the game company’s content, according to YouTube user Zack Scott who received a ‘content ID match claim'” issued by Nintendo.
As a result, Let’s Play videos using Nintendo content will be bookended by ads while content-creators will not receive any revenue for the videos.”
My starting point for feeling this is different from traditional media is that video games don’t provide (relatively) passive experiences. I can watch someone watch a movie and that’s kind of like watching the movie–but watching someone play a game is not like actually playing the game in any important sense.