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Spikestuff wrote:
who?
This one. This is actually the only TAS he has. But he also has some normal speedruns.
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Spikestuff
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I must say super dumbass to the rubik world, because it clearly shows Alden & Kumquat Edit: I went to check 2 "Speedruns" both coming from Speed Demos Archive *Bard's Paper Mario "speedrun" | *Bard's Sunshine "speedrun" Edit 2: Mario in Minecraft Original Creators | Stealing *Bard *Bastard
WebNations/Sabih wrote:
+fsvgm777 never censoring anything.
Disables Comments and Ratings for the YouTube account. Something better for yourself and also others.
Joined: 6/7/2008
Posts: 124
Location: Portugal
The way I see it, the movie files, and the encoded video file is all data that belongs to the original author, specially given the license we use at TASvideos. So the guy really should point out the original authors. It would not hurt him in any way. This reminds me of that guy who stole TASes from antdgar, SUPERSMASHBR0S, was it...?
I'm Espyo from the SRB2 Forums. Current project: A Pikmin fan engine, Pikifen
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Espyo wrote:
The way I see it, the movie files, and the encoded video file is all data that belongs to the original author
First yes, second no. You can't just take some videogame footage and claim copyright on it.
creaothceann
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gamers wrote:
Iwata Satoru wrote:
Joined: 4/13/2009
Posts: 431
Warp wrote:
Espyo wrote:
The way I see it, the movie files, and the encoded video file is all data that belongs to the original author
First yes, second no. You can't just take some videogame footage and claim copyright on it.
You can claim copyright on the actual creation, eg the movie, not the contents of the movie. This is how I interpret it, because if you create something, you are the author. That would mean the file in itself would be copyrighted, no?
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EEssentia wrote:
You can claim copyright on the actual creation, eg the movie, not the contents of the movie. This is how I interpret it, because if you create something, you are the author. That would mean the file in itself would be copyrighted, no?
I think the concept that applies is "derivative work". Even if the work is yours, if it's based on existing copyrighted material, there are special rules that apply to that. This is why, for example, fanfiction technically speaking breaks copyright even if the writing does not literally copy any significant portions of the original work of art. It's considered derivative work (and copyright laws cover that as well.)
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Fair Use.
When TAS does Quake 1, SDA will declare war. The Prince doth arrive he doth please.
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hegyak wrote:
Fair Use.
does not cover derivative works. It covers things like reviews, commentaries and parodies.
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First, I want to say that I think what this guy is doing is a really good idea. A repository of video game endings, and the bosses right before them, would be a good repository to have, even if it's a little spoilery by nature. Problem is that he's going about it all wrong. First off, there's the plagiarism issue. There's little point is discussing how wrong that is. Second, and more interesting/humorous to me, is that he seems to be approaching it with the attitude of your average Chinese bootlegger; that is to say, he's not really researching what he's doing and just slapping things together. For instance, he doesn't care that: Other examples of not doing proper research: It's to the point that I'm genuinely shocked that Link is all grown up here. Overall, I do believe he legitimately wants to provide a good service, but he's cheating to do so. And he's not doing a very good job of it.
A hundred years from now, they will gaze upon my work and marvel at my skills but never know my name. And that will be good enough for me.
NitroGenesis
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Seeing as how some of the videos he uploaded are my encodes, I could have them pulled for mirroring a video I uploaded. LOL!!!! Example: http://www.youtube.com/watch?v=eJ-e-nW65tQ - This is an FCEU movie, as such, my encode is the only one with the FCEUX subtitle http://www.youtube.com/watch?v=59HsU7bC8VE - above http://www.youtube.com/watch?v=aOeCrCFxGoA - official encode doesn't have playback message I guess my little trick to ensnare plagiarists worked after all. Heh heh heh heh.
YoungJ1997lol wrote:
Normally i would say Yes, but thennI thought "its not the same hack" so ill stick with meh.
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Ferret Warlord wrote:
Second, and more interesting/humorous to me, is that he seems to be approaching it with the attitude of your average Chinese bootlegger; that is to say, he's not really researching what he's doing and just slapping things together.
Well put. Another especially pointless video: http://www.youtube.com/watch?v=0FXoXSHHEj0 three seconds of odd looking game play, and a score screen. He doesn't even bother to show the whole last race or anything, so I can't imagine how this video would hold any interest for anyone. what a waste of 16 seconds.
Has never colored a dinosaur.
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I wasn't aware Excitebike had a final boss. Learning something new every day.
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Posts: 424
Location: UK
Trying to attack this game with copyright is not a good idea. While I'm not sure what he is doing is fair use, USA fair use is much fuzzier concept than Warp wants it to be. With Warp's definition, none of our encodes would be fair use either, and we would have no defense against lawsuits by Nintendo etc.. But thankfully fair use is a bit broader than that. Here is a guide that helps you sort-of-guess whether a video is fair use or not. Sadly, the only way to be sure seems to be to settle the issue case by case in court, because fair use is basically a set of commonly recognized excuses for breaking copyright, not actual limitations on copyright itself, as it is in some, saner, systems. To summarize the article, factors that matter are:
  • How transformative the work is. His case is probably pretty low on the transformativeness scale, but it does set the TASes into a new context by showing only their ending.
  • Whether it is commercial or non-commercial. Being non-commercial helps. In this case I guess it would help him if he doesn't get advertisement revenue from the videos.
  • How creative the original work was. A collection of statements of facts has less protection. In this case the original was creative enough to qualify, I should think.
  • The amount and importance of the part copied. Only a small part of the video is copied, and an even smaller part of that actually includes TAS input, typically only a few seconds. This would be the strongest fair use point, I think. Most of the video is taken up by the ending, which does not have any creative input from the TASer.
  • The effect of the work on the market of the original. It would be very hard to show that these ending videos make the original TASes any less interesting. In fact, they may have the opposite effect by making people want to see how the rest of the game is played, not just the beginning. This would also be a strong point in favor of fair use.
I am not sure how this would turn out. He has a few points in favor of him, but does not qualify for all of them. You don't need all points for it to be fair use, though. How many do you need? That's up to the court to decide, sadly. Because fair use is so horribly vague. In addition to all this, I think getting worked up about this is small-minded and unproductive. It is flattery that this guy chose your videos rather than other videos that could have served the same purpose, and he is not harming any of you. He is lazy and not very competent - that I agree with - but the copyright angle is not worth getting angry about here. I think the biggest issue with his videos is, like FerretWarlord points out, that they often fail to show what a typical last boss battle is supposed to look like because he doesn't know the game well enough to choose appropriate videos.
Post subject: Re: Fair use
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amaurea wrote:
While I'm not sure what he is doing is fair use, USA fair use is much fuzzier concept than Warp wants it to be.
If nothing else, using copyrighted music, no matter how little of it, in practice never falls under fair use. (I'm not exactly sure how this situation came to be. Seemingly big music megacorporations have somehow succeeded in lobbying all western governments into making a de-facto, if not a de-jure, exception for music. Even a few seconds of music, no matter how it's used, is copyright infringement and is punishable by astoundingly and unusually large fines. Not only do "fair use" laws just not apply when dealing with music, it's seemingly such a heinous crime that you can get punishments more severe than from actual crimes that physically hurt people.)
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Warp: Yes, I agree. Copyright is completely unbalanced, both as written and even more as practised. That's why I place everything I produce under public domain, and in general try to avoid having anything to do with it. It is also why I don't like it when the TASvideos community contemplates using it as a bludgeon towards others, even when said others are rude and unlikeable. It is a bit scary that copyright keeps being extended without any empirical evidence to show that society would benefit from longer copyright. As far as I know, very little research has been done on the optimal duration of copyright. One paper I've found which appears to be one of the most ambitious ones on this topic, still makes several unrealistic assumptions such as "Works are only produced for monetary gain", "No income is possible from works not covered by copyright", "Enforcing copyright has no cost" and "It does not get harder to produce new works when the public domain gets smaller", which all bias it towards longer copyright. Despite this, it finds an optimal duration of *15 years*, with the current duration being excluded at the 99.999% level or so. Taking into account the biases, the true optimum is probably significantly shorter.
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amaurea wrote:
That's why I place everything I produce under public domain.
Note that many jurisdictions do not recognize "placing under public domain" as removing copyright. In other words "public domain" is not a valid usage license in many jurisdictions. (And yes, some copyright attorneys disagree, and other copyright attorneys disagree with them. I have seen articles written by attorneys defending both positions.) What happens if you publish something "under public domain" but the jurisdiction doesn't recognize that as valid? Your work will still be copyrighted and because you didn't publish it under any usage license, the default is that, technically speaking, nobody can legally use it for all possible purposes. The safest bet is to use a liberal copyright-based usage license (such as the MIT license.) That's legally bounding in the vast majority of jurisdictions and people can be sure that it will not bite them back in the future.
NitroGenesis
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scrimpeh wrote:
I wasn't aware Excitebike had a final boss. Learning something new every day.
Dude, he's like impossible to beat. You have to level up your Excitebike to VXIIIX before you finally can enter his lair. And, oh boy, you gotta do some grinding or you're getting your butt kicked. I recommend stocking up on magic spells at the Excitemart.
YoungJ1997lol wrote:
Normally i would say Yes, but thennI thought "its not the same hack" so ill stick with meh.
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Spikestuff
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WebNations/Sabih wrote:
+fsvgm777 never censoring anything.
Disables Comments and Ratings for the YouTube account. Something better for yourself and also others.
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I don't even understand why anyone would bother. There's a NES Flintstones TAS with the title "Duck Tales 2". They can't be getting ad revenue, those videos aren't getting any serious number of views. Hell, this one guy doesn't even appear to be stealing credit. Do these people just like uploading stuff to servers? Edit: oh man, this thread was older than I thought...