Smash JT should sue Kotaku.
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- Опубликовано: 5 окт 2024
- It's been a couple weeks, but I have some things to talk about. Smash JT's website was taken down by Kotaku. He posted PUBLIC information on his website and Kotaku didn't like that. They misused their position as a media outlet and abused the copyright claim system on WIX. I also beat some games this weekend and I want to talk about them.
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Just to be clear this is not a Fair Use issue, as fair use deals in copyrighted material.
This is solely a 1st amendment issue and a 17 USC 512 (Section F) Limitations on liability relating to material online. Smash JT posted PUBLIC Information on his website. The people at Kotaku took offense to it and abused their power as a media outlet to misuse the DMCA copyright system. (The Digital Millennium Copyright Act. In 1998)
The 1st amendment grants the right to free speech. Yes, there is some "speech" that is restricted. For example, you can't yell fire in a theatre. You are 100% allowed to post information that is already public on a website, twitter account or RUclips page.
17 USC 512 section F
(f)Misrepresentations.-Any person who knowingly materially misrepresents under this section-
(1)that material or activity is infringing, or
(2)that material or activity was removed or disabled by mistake or misidentification,
shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
This section of 17 USC 512 is supposed to discourage people from misusing the "takedown" privileges and when it's done under false pretenses. Say for example someone post a public picture of you and you don't like it so you falsely report that it's private or copyrighted material you should be held liable BECAUSE YOU LIED!
My website makes like .12- 14 cents per day at present - lol.. but maybe emotional distress because holy crap was this an emotional rollercoaster. That Nick dude is legit unhinged.
I just posted the legal backing. 17 USC 512 section F. It's also a 1st amendment issue. Posting PUBLIC information IS NOT a crime nor is it a reason to misuse the DCMA. In fact, making a false claim can open someone up to liability issues...BECAUSE THEY LIED. You know I like and respect you, but this is nonsense.
Like I said, Kotaku hasn't been relevant in a decade. They need you to give them some publicity.
You should sue Tommy Tallarico.
@@arioca we all should lol
@@CMRetroGaming I never pre-ordered the Intellivision Amico but I hope that everyone who lost money on this scam (not getting a refund or investing in the company) get organized and file a class action lawsuit. Even if the amount is split by many and they get a very small amount of money back, in case they win (strong possibility if they hire a competent lawyer) it would be great for the gaming community so that other scammers don't try this ever again.
@@arioca I pre-ordered a console, but I got my money back. I have no evidence to support this claim, but I feel like the RUclipsr's got their money back first to avoid any negative videos being made about "not getting refunded." Again, I'm certainly not "big time" or important in the YT space and there were a few videos about refunds. But, I just feel that situation was worse than was reported.
I'm catching up on videos and it doesn't surprise me that they did that to him. I haven't looked up their site or facebook in long time.
Also, rescue the embassy mission is supposed to be a pretty short and cool NES game - car vlog 🤘
Castlevania Chronicles was the 2nd Castlevania game I ever beat (after SotN). At that time, it was the hardest game I’d ever beaten. I remember really liking it, but I haven’t played it since
It's a really cool game. I thought it was just a remake of the NES version. Omega Ace mentioned that it was similar but had some different elements and levels. I like that you can save a game and come back to it later. I also like the addition of the herb "sub weapon." It's a solid game and I don't believe it was on the Castlevania collection or has ever been re-released.
Awesome vlog Chris! Easy NES games would be any Capcom Disney title...Rescue Rangers 1 & 2, Darkwing duck, etc.
Thanks man. I've plowed through most of the Disney games, but RR2 is a good one. I'll have to play that on emulator lol, it's expensive.
Nice you played through the Castlevania game!
yeah man it was really good
I've got a minty af copy of Chronicles I bought 6 years ago for $80.
I don't think it was ever played......I think they just took the think wrap off.😎👍
it's a cool games. It also lets you save your game so you don't have to beat it in one go. Which I thought was a nice addition.
It's been awhile....
LOL....I knew it.
Here are some easy NES games: Kirby, Felix the Cat, Digger T Rock, Little Mermaid. Here is a not-so-easy NES game: Spot. The computer is dang hard. Maybe there are some options to make it easier. I don't know. The default is max difficulty.
Did you already beat Kung Fu? That one is short. Renegade is short of you know the correct path on a couple levels and spam jump kick. WWF Wrestlemania is short and a sure win if you use the Hogan Kick Trick.
Did you already beat the Kemco point & Click adventures? Those don't take more than a couple days.
Looking forward to 100 with Metroid!
I am here
I'm not sure your question about whether you beat a game is phrased correctly. As I understand it, someone gets their rocks off by smashing it in the face of others that they beat a lot of games. That's pretty sad if they put compilations they've never played on the list when they've only played the original. I will say that some variations between ports exist. I beat GBA Super Mario Advance 4: Mario 3, but still to this day have not sat through to play every level of NES Mario 3. I would not say I beat NES Mario 3.
The question really is this. I keep a list of games I've beaten by console. It's not to brag or throw it in anyone's face, it's more for my record. (And so I can remember what games I've beaten)
Mike Tyson's Punchout and "Regular" Punchout are the same game with 1 pallet swap. The game plays exactly the same. If someone beats Mike Tyson's Punchout could they also claim that they beat Regular Punchout? I wouldn't, because I would want to beat Regular Punchout.
OR. Megaman 5 is expensive. If I beat that game on say, the PS2 collection, should I put that on my Nintendo list or my PS2 list?
@@CMRetroGaming In that sense, I would say it's the same game so there's no reason to play the variant, unless you want to do so. If your goal is like completing a set of cards, then I would say no, you would have to play Punch-Out and Mike Tyson's Punch-Out to complete the set.
In regards to the last bit you said about compilations, I would write Mega Man 5 in the PS2 column (Mega Man Anniversary Collection). If someone asked me, have you beat Mega Man 5, I would say, 'I played through it on the PS2 collection'. But, I totally get playing through the original form has a draw to it. I have a desire to sit through Mario 3 and play all the levels on the original NES. The GBA save feature makes that doable for me. I also understand the GBA version has variations in screen size, graphics, and sound so it's not really the same.