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Comment Re:Unfortunately It's Not a False Strike (Score 0) 70

The fact is that the factors could be debated, and might be different depending on the video, for example, if the bug takes 1 minute to demo, but he has 20 minutes of other stuff. Again, as I've stated several times in this thread (not sure to you though), I'm not saying Amazon would (or should) win.

Just that when that random Amazon employee clicked the button for the takedown request and they affirmed they they own the copyrighted work in question and they took fair use into account that wasn't fraudulent or false. Amazon is going to have a different interpretation of fair use than he or we do.

Video guy is certainly able to start the process to say "no this isn't a valid takedown request".

Do you think it is reasonable that Amazon's interpretation of fair use wouldn't protect video guy? Did they knowly say "this is totally protected but we have to bury this video! Click the button!"

Comment Re:Unfortunately It's Not a False Strike (Score 1) 70

Interesting case. I had heard about it, but didn't read too much about it before.

The courts highlighted a few details that wouldn't apply, the Bug Video isn't creative. While Benjamins video did create a story using the parts of the video that he included. In addition Hughes publicly bragged about weaponizing the copyright system to hurt Benjamin and profit herself.

Again, I'm not saying Amazon would win if it went to court. Just that it isn't a 100% slam dunk enough that the copyright claim was in itself false.

To me the thing that stands out the most is that they didn't do the 100+ other new world videos on his channel. If they were really protecting their content they should have Striked them all. But this is strong evidence that they were just trying to silence the bug.
 

Comment Re:Unfortunately It's Not a False Strike (Score 0) 70

True, but that doesn't mean that any time someone is criticising a work that it is fair use. The courts had to weigh the factors. This is an whole other medium.

We are slowly getting more data points with YouTube videos, but as far as I know none of them are about video games, nor any of them from giant companies. If it was Disney v Klein, are you sure it would have went the same way?

I'm not saying that Amazon would win in court, who knows. Which it would be extra funny if this was the one that got legs since Amazon owns Twitch and any ruling could drastically affect the viability of the entire business.

Comment Re:Unfortunately It's Not a False Strike (Score 1) 70

As BWS pointed out below fair use is not simple. The purpose of the violation is a smaller deal than people seem to think it is. You can't just declare "education", "parody", "non-commercial", or "news" to make anything valid.

There are many factors that have to be weighed.

Amazon owns the rights to in game footage, they are supposed to take fair use into consideration when issuing copyright strikes (per YouTube). This could be fair use, or not, if the person wanted to take it to court. But it's not (legally) wrong to recognize that it is in the gray area and act to protect their work.

(Again, they are shitting for doing this. But I'm speaking strictly about the "false copyright strike" aspect of the story.)

Comment Re:Unfortunately It's Not a False Strike (Score 1) 70

Maybe, I couldn't find the original video that got taken down.

But "bug demonstration" hasn't been tested in courts. Would it be a violation to post a clip of a film that had a glitch in the render that you're pointing out, my guess is that it would be

Don't get me wrong, it's a very shitty thing to do. The fact they left up the 100+ other videos he has is telling what they were trying to do.

Fair use is much more specific and narrow than people think.

It is certainly possible the guys video was long and the footage from the game was minimal and there was a lot of other content to say it was transformative, but looking some of the other videos they appear to be almost entirely in game footage.

Comment Unfortunately It's Not a False Strike (Score 3, Interesting) 70

Current interpretation of US copyright law (it hasn't been reallly tested in court yet) is that the software manufacturer owns the copyright on game footage.

People think that since they create the video they own it, but since they are creating a work that is just a playing of an existing work, it doesn't really apply.

If you film a screen playing Star Wars it doesn't become your work, even if you are adding text and commentary, video games are the same way.

It would be nice if someone let this go to court since streaming/lets plays/etc are now a billion dollar industry.

Personally it would be nice if video games were treated more like musical instruments, you own recordings of you using the product, Yamaha doesn't get to claim your videos because you used their brand of keyboard.

Comment Re: Waaahhhhhh (Score 1) 292

/. seems to have odd political leanings. But, you're aware that this is actively being investigated right? I'm not saying you're wrong, or right, but we don't know everything yet.

But there were congress people who gave private tours of the Capitol building to some of the to-be rioters/protestors/insurrectionists, there were people giving live updates of the locations of high profile people during the event. It seems like that there are at least some possible connections to the mob and the white house.

Personally, if the white house was involved with the goal of "stop the transfer of power", I would consider that an attempt at an insurrection/coup. But that is of course up for debate.

Comment Re:Well (Score 1) 119

Because that would cost a lot more, and then they would have less money to spend on shows?

Easy example, Star Trek Discovery Season 1 was in part paid for by Netflix so they could show it. But the main reason it was made was to promote CBS/Paramounts streaming service. So they agreed "Ok Netflix can show it in every country except the US, but it will only be on CBS All Access in the US (which wasn't setup for non-US countries anyways).

CBS wouldn't have agreed to it at all if Netflix was able to show it in the US, because nobody would sign up for CBS All Access.

Also just look at regional shows, Netflix has TONS of Korean and Indian shows, the international rights to alll that content would be much more expensive that the local rights.

I think it is a pretty safe bet that there is also contract verbiage that says Netflix has to make some sort of effort to restrict people from zones not licensed.

Comment Re:Counterintuitive, but fascinating (Score 1) 200

Technically you are correct, that the energy is coming from the treadmill (since it is the only thing that is moving). But the treadmill is just simulating the wind on the cart.

Remember the propeller is not like a wind turbine, it is not creating energy from the wind. Instead it is creating "thrust" from being turned by the wheels. The added thrust is enough to overcome the losses in the system.

There is no conservation of energy issues here at all. Try watch the two videos on it again.

Comment Re:"North" Idaho? (Score 1) 250

Fair enough. I guess that makes sense. Although I would think I would see a city or a county name or something. Or maybe a descriptive word that conveys the idea like "rural Idaho" or something.

Looking at the Google Trends for "north Idaho": The 100% is from Idaho, the next highest is 8 from Washington, then goes 4, 1, 1 with some of the surrounding states. So it doesn't seem like people normally outside of Idaho use it too often.

If you look at "southern France", France is #5 with 31% with other countries using all the time.

But in either case thank you for explaining it to me.

Comment "North" Idaho? (Score 0) 250

Ok. Why is everyone referring to this as a "North" Idaho ISP? There is only one Idaho. Nobody cares that it is in the northern part of the state. It could be in Iowa or Indiana and it wouldn't make any difference to almost everyone.

All the articles are doing this. It's very odd.

It does have the side effect that googe-ing "north idaho" returns this article.

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