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by tw04 3925 days ago
We can agree to disagree that Nintendo is wrong for attempting to prevent people from advertising pirated copies of their games. It wouldn't be considered legal in any other medium, so I'm not sure why it should be here.

Nintendo didn't bring it down for displaying it publicly, Nintendo brought it down for modding a pirated rom:

>By making a derivative work using Nintendo's IP, and then displaying Nintendo's IP on your YouTube channel, you have violated Nintendo's exclusive rights.
1 comments
zimpenfish 3925 days ago
The sentence before says

> As the owner of the copyright in the games: Mario Kart 8, Super Mario World, and Pokémon, Nintendo has the exclusive right to perform the games publicly

(Which is all I said they were wrong to claim.)

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tw04 3924 days ago
And then you skipped the rest of the email, in which they said people are free to playback their games after they've signed an agreement stating they won't do it using pirated versions of the game.

>Nintendo encourages fan engagement on YouTube through the Nintendo Creators Program. Under the program, participants are granted a license to use Nintendo’s characters, games, and other intellectual property, subject to the Code of Conduct included with the agreement.

And unless you've got some case law to cite, you literally pulled the ""they have no right to say people can't play their games publicly" out of your ass. And quite frankly, case law disagrees with you. If it didn't, you'd be able to watch any and every NFL/MLB/NHL game on Youtube right now.

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zimpenfish 3920 days ago
The partner post from Shamus linked to this:

http://forums.shamusyoung.com/viewtopic.php?p=31058#p31058

Which (allegedly - I'm not a Japanese lawyer) quotes Japanese law -

> In Japan, "Works can be performed or exhibited freely if the performer is not remunerated, and the audience is not charged an admission fee." The source must be cited (Nintendo, or whatever).

Also (allegedly) Canadian law -

> In Canada, it is explicitly stated in 29.21 (1) It is not an infringement of copyright for an individual to use an existing work and disseminate fan created works.

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tw04 3920 days ago
> the performer is not remunerated

Except he's getting paid by Youtube, so scratch that off the list.

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zimpenfish 3919 days ago
I don't have enough information to know whether he was monetising the Nintendo videos - can you point at a URL or something to clarify this?
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