Nintendo vs PointCrow Drama | Asmongold Reacts

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  • Опубликовано: 24 авг 2024
  • Nintendo is taking down videos of a big content creator, what's going on?
    by @PointCrow • Nintendo is Taking Dow...
    ► Asmongold's Twitch: / zackrawrr
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    Channel Editors: CatDany & Daily Dose of Asmongold
    If you own the copyright of content showed in this video and would like it to be removed:
    / catdanyru

Комментарии • 566

  • @mar5362
    @mar5362 Год назад +140

    Asmon needs to watch A Lawyer Explains the PointCrow Takedowns and the Legality of Mods

    • @xoxamyyyx
      @xoxamyyyx Год назад

      Link?

    • @mar5362
      @mar5362 Год назад +18

      @@xoxamyyyx just copy everything after the word watch and input that into youtube search. It's the video by Moon Channel

    • @fluffyninjamenace4661
      @fluffyninjamenace4661 Год назад +26

      Yes, Moon channel explains the legality of mods very well. He also has a lot of good videos as well

    • @arosbastion7052
      @arosbastion7052 Год назад +49

      @@emiami458 except they literally do have the legal right under japanese copyright law

    • @agamersinsanity
      @agamersinsanity Год назад +39

      ​@@emiami458 actually Nintendo has the legal rights here. Just because some developers allows it, it doesn't mean others will.

  • @jeebbers5195
    @jeebbers5195 Год назад +392

    I don't know if Asmon will actually read this, but historically in court, the courts have actually sided against these game companies when it comes to modding content. One such case was when SOE tried to take down a modded, private server for Star Wars Galaxies. The issue is, it is very hard to take a company like this to court, and if you /do/ lose, you can lose a lot of money. Especially with how vindictive Nintendo can be.

    • @giamoral10
      @giamoral10 Год назад +3

      It's Nintendo. It never ever loses

    • @DarkflameEmperor
      @DarkflameEmperor Год назад +12

      I don't know. This case is a clear violation of IP protection laws.
      In the private server case, do they publicly show off the modded material?
      Cause RUclips is a public space. So the guy profited off of modding their IP.
      They own the IP and the protections are in place for them to use specifically to keep this kind of stuff from happening.

    • @samf.s.7731
      @samf.s.7731 Год назад

      Oh wow so the judicial system actually thinks 🤔
      Unlike YT. Gee I'm surprised, except not really.
      They're gonna really harm themselves this way, the corporates I mean.
      At the end of the day when you purchase something it's yours... Never heard someone say oh you purchased that jacket from Zara? Oh Zara gives you the license to wear it, but not modify it in any way.
      B**ch, I bought it, it's mine and my @$$ has grown thicc... You bet I'm making alterations. The fashion industry let's you do that to their product, why does the gaming industry an exception? Why are they "special"... Sure it's the law, but should it be like that? No.

    • @P1Volvo850R
      @P1Volvo850R Год назад +29

      @Ethan Atkins he doesn't sell the mods it's purely content which is allowed in their own rules

    • @clkennedy07
      @clkennedy07 Год назад +5

      @@borponoida9161 I hope you'd know that youtube videos can be profited off of with monetization.

  • @just_a_turtle_chad
    @just_a_turtle_chad Год назад +521

    Nintendo tries not to hate their fans (IMPOSSIBLE CHALLENGE)

    • @beckhydda
      @beckhydda Год назад +47

      @@omensoffate How is he wrong?

    • @FRMTIONFRMTION
      @FRMTIONFRMTION Год назад +38

      @@omensoffate so?

    • @user-ck5is2pg9y
      @user-ck5is2pg9y Год назад

      Copied.

    • @byMyXzx1
      @byMyXzx1 Год назад +1

      @@omensoffate ???? And that's 100% legal, it wouldn't if HE demanded money for the mod, aka sell it... he gave it for free, which is LEGAL.
      Nintendo is just a bunch of ret@**ed pieces of garbage.

    • @DanielAnderssson
      @DanielAnderssson Год назад +4

      Who cares about Nintendo and Mario anyways

  • @VikTobeyOfficial
    @VikTobeyOfficial Год назад +271

    This situation is like Nike suing people for cutting their sleeves of their t-Shirts and making them tanks and saying “this is not how they were intended to be used”

    • @phant1795
      @phant1795 Год назад +14

      Not just cutting the t-shirts sleeves off but also selling them and profiting? Presumably Pointcrow made money on those modded Nintendo products

    • @DuhAsainThatHasSwag
      @DuhAsainThatHasSwag Год назад +58

      So you’re saying he’s reselling the game??? He’s making money off of footage of a modded video game so is it wrong to sell pictures of a cut up t-shirt?

    • @ghulmeister4581
      @ghulmeister4581 Год назад +3

      not really because they dont make money with the cut up shirts... this guys makes money by modding the game and uploading videos of it. huge diff

    • @an3582
      @an3582 Год назад +31

      ​@@Crink333No it would as if they cut off the sleeves, took pictures of themselves wearing the tore up shirt AND made money off of it. Not quite the same.

    • @samf.s.7731
      @samf.s.7731 Год назад +6

      I swear that's almosg exactly the metaphor I used.
      Like wtf?
      When you buy a product, it's yours to alter!
      You want it to remain unaltered because it's art? Well tough luck we've been modding mass produced art for centuries.
      It's not like Disney ever tried to sue the people who edited the Obi Wan series into a 2 hour long film. Keep in mind that's a show for streaming, it exists on a platform and you have to PAY to watch it. And watching it is the means through which you consume it hence by putting it anywhere else you're allowing people to consume it without paying for it (Unlike a game, which you consume by playing).
      They could have sued these editors which do work like that ... But the outrage this would spark and how it would hinder freedom of expression would make Disney ultimately just a bully. They know better than to do that.
      What baffles me is .. why Eric?
      They could have gone after anybody, but they picked the one guy who promoted their game by breaking it and they're on the verge of releasing a sequel to said game which they want players to consume in *that* manner as well.

  • @incius8341
    @incius8341 Год назад +17

    It's like if you bought a chair from Ikea, painted it, showed it to your friends and then got fined for painting the chair.

    • @Spazz4170
      @Spazz4170 Год назад

      @Firewynn first of all that happened 3 years ago, second of all he WAS in fact found selling mods and hacks for various nintendo games, nothing he did was for free btw actually look it up, now I don't agree with his punishment in any way even if he was making a killing on it, but please don't try to even remotely equivocate these things. Nintendo is bad but come-on telling someone what really happened is just as damming for them no need to sugar coat things like this to make them more appealing. This guy was selling mods prolly making six-figures but still that's not enough for a 10mil$ fine and if you cant pay it they take 30% of your paycheck and this was after he already went to prison. It's fucked up already just tell it as it is. We don't need them eating babies for ppl to be mad at them.

    • @Spazz4170
      @Spazz4170 Год назад

      @Firewynn yea ik, idk what you're tryna tell me i agree with you. Again all of this was done with prior notice not some kgb shit where you just are suddenly sued or jailed. lets not pretend that this isn't the case.

  • @rhunmahariel7877
    @rhunmahariel7877 Год назад +44

    This isnt the first time Nintendo did this, in fact, it happens quite often. I remember some years back they were going after pretty much all the big lets plays. Game Grumps for example had a period of time where they had to avoid Nintendo games.

    • @YukariSF
      @YukariSF Год назад +2

      iirc, BeatEmUps too had pretty much Nintendo-exclusive content. He did one video on an emulated BotW just for fun, and Nintendo immediately cut all ties with him without any explanation.

  • @AnonYoBizness
    @AnonYoBizness Год назад +40

    There was a Lawyer RUclipsr Moon Something that covered this case very well on a Legal term, but i also heard Nintendo HATES when people use their IP due to the Trauma they faced way back with Donkey kong when that Mario vs Donkey game came out. They got sued by the studio that made King kong and they did win the lawsuit, but since then they had this Hard on for protecting IP to never be in a situation like that, but also saw what happens if they lose a case on their IP.

    • @tristler97
      @tristler97 Год назад +11

      the lawyer video is called "A Lawyer Explains the PointCrow Takedowns and the Legality of Mods" if anyone is interested, pretty good video on the topic

    • @AnonYoBizness
      @AnonYoBizness Год назад +2

      @@tristler97 the biggest issue with Nintendo and the law is just the morality of the Law. I think the issue stems from the Law being against consumers, over protecting IP right over consumer rights. thank you for providing the title of the video, i agree it was a good watch.

    • @AnonYoBizness
      @AnonYoBizness Год назад

      @@mrbubbles6468 That was my main argument, as long as the average joe can mod at will at home to enhance his personal gaming experience, then i'm ok. Now id argue people should be able to also showcase it Via youtube, as long as they are not promoting where and how to do and get the mods, kind of like Emulation showcases, you'll never hear one of those YT'ers tell you where to get Roms, firmwares etc, but i understand it is the law and this dude was in a risky business and eventually got burnt, he should of known Nintendo don't play lol.

    • @Blahblah-oo7lk
      @Blahblah-oo7lk Год назад

      @@AnonYoBizness The thing is that the law isn't necessarily moral, sure the law can intersect with what the public considers moral but it the public's views of morality change over time, the law needs years to change.

    • @Blahblah-oo7lk
      @Blahblah-oo7lk Год назад +1

      @@corberus3119 Well that one was a two-part issue, one was the renting of videogames and the second was the manual reproductions of videogame instruction manuals. The court sided with Nintendo that the manual reproductions (photocopies and then displaying them) constituted copyright infringement, but sided with BLockbuster that renting videogames isn't copyright infringement.
      In Japan, it is illegal to rent video games, and has been for nearly three decades. However, companies can allow their customers to opt into a rental program of the company's design, but that is just a subscription model.

  • @RomaniFenix
    @RomaniFenix Год назад +60

    They take down Nuzlock runs sometimes because its a violation of how you play the game. No mods, just using the gameplay mechanics.

    • @definitelynotmany4972
      @definitelynotmany4972 Год назад

      Tbf, those were mistakes made because Nintendo is an outdated company

    • @xFaint
      @xFaint Год назад +9

      instead of implementing it into their own game they despise content creators for making their game more populair just because they cant set their pride aside and have community input. So weird

    • @theremix54
      @theremix54 Год назад

      Can you provide a link to an example of a Nuzlock getting taken down? Ive never heard of this happening.

  • @marthaprice3448
    @marthaprice3448 Год назад +1

    I absolutely hate knowing that all of my games, post PS4, are digital and could be gone at any moment and I have no recourse. So I pay full retail price, but it's not mine.

  • @HauntedOath
    @HauntedOath Год назад +14

    Nintendo is being unreasonable? I'm shocked.. SHOCKED! .... well not that shocked

    • @wyzkun
      @wyzkun Год назад +3

      tbh at this point, if there is still content creator that get the wrath of nintendo. its on them, maybe because they think they are special or something. but nintendo will always be nintendo.

    • @HauntedOath
      @HauntedOath Год назад +3

      @@wyzkun I think what made Nintendo go after this guy was that he said he would pay $10,000 to whoever makes a multiplayer mod for that Zelda game. That's what I read anyways so take it with a grain of salt I didn't check if that's true or not

    • @wyzkun
      @wyzkun Год назад +2

      @@HauntedOath you are correct, that is exactly what he did. i mean at this point nintendo reputation regarding the matter is well known to everyone. he shouldn't play with fire tbh, just say that he found this cool mods or some shit. not putting bounty for people to make multiplayer mods.

    • @axelfond8317
      @axelfond8317 Год назад +2

      Once you advertise for a bounty to modify an IP, you gotta be dumb or smart to know that viewership will go through the roof

    • @jorgef005
      @jorgef005 Год назад +1

      Here are your winnings sir

  • @travellerzero2508
    @travellerzero2508 Год назад +2

    love how smartass in comments section points out as if Asmon doesn't know that Translator exist while at the same time became the same Nintendo executives where you can try to communicate to someone in the same language but at the end of the day it's useless when the side you're talking to doesn't comprehend what are you trying to say

  • @Echo-lu3by
    @Echo-lu3by Год назад +10

    I want to say to be more specific and say I don't even think Nintendo hates its fans. I think SPECFICALLY they hate their Western fanbase. The smash tournaments, the music take downs, videos being copyrighted have all come from wester audiences. You can't tell me that other countries don't have big smash tournaments or videos using Modded Nintendo items. Also the thing that solidify this for me is think about when Pokémon Violet and scarlet came out and different regions got different items. Japan got a special Pokémon card with the three starters, Europe i believe got a statue of all the 3 starters and the US got some lame ass berries and revives added to your account. Nothing merch wise. I truly think it is a region issue and that compared to the other regions Nintendo just hates the west for some reason.

  • @NewWave3313
    @NewWave3313 Год назад +7

    Moon Channel went over this too from the perspective of a lawyer. It was an interesting watch.

  • @gib1402
    @gib1402 Год назад +43

    Nintendo is that one friend who acts all nice within the friend group, but always an asshole when your not looking.

  • @maurice5402
    @maurice5402 Год назад +3

    Nintendo having an issue with people modding their games is like rolex getting angry at someone for putting a different strap on their watch.

  • @Monsteretrope
    @Monsteretrope Год назад +8

    Asmon is gonna freak when he discovers translators.

    • @0800149
      @0800149 Год назад +4

      Asmon acting like japanese is an undiscovered alien language

    • @hm02fly75
      @hm02fly75 Год назад +1

      They are obviously able to translate and read feedback from fans overseas, but I doubt anyone in a position to initiate change at the parent company care enough to do that.

  • @xFaint
    @xFaint Год назад +2

    I hate that the copyright system is actively halting and preventing progress in general human development. i mean i get that when people invent/make something, they want to be recognized and rewarded for it. but the fact that we as a species effectively create our own demise because of those selfish desires is depressing. I wish we we're able to think more as a collective.

    • @wukongsun6223
      @wukongsun6223 Год назад

      Creative freedom is encouraged, even by Nintendo but leeching money off their IP is illegal

  • @pneumantic6297
    @pneumantic6297 Год назад +2

    Nintendo doesnt hate their fans they just really, really, care about the image of the games on their platform. Having a game which is getting mods that are outside of their control is probably terrifying to them. They know that the games they have and the image they have created is the only thing that keeps them alive in the market. I may not agree with this view but I can get why they get so butt hurt considering that they are only surviving on IP alone.

  • @rafaelgalindo4794
    @rafaelgalindo4794 Год назад +2

    The correct would be: Nintendo is that Grandma you always go to her house and she adores you. Suddenly she got sick and you decided to clean her house and change the forniture locations. Granda comes back home, finds out and kicks your ass and talk dirty of you to the whole family saying now she is about to die because You ruined her home.

  • @usedcolouringbook8798
    @usedcolouringbook8798 Год назад +4

    I've always viewed Nintendo content creation like playing Russian Roulette. Not sure why people get shocked they get hurt.

  • @brooke4782
    @brooke4782 Год назад +10

    I've always been under the assumption that no matter what Nintendo hates and will take down modded content the moment they find it. If you're shocked that this happen you live under a rock. They crush anyone who mods openly. He took the risk to make this content and this is what happens when you get caught.

    • @hmtack
      @hmtack Год назад

      @@GaiaLegend You make a good point and this can actually be used to speculate on what Nintendo (or any company for that matter) is planning. When I saw PointCrow's video my first thought was "Oh cool, so TotK will probably have some sort of companion/multiplayer system in it at some point." If there wasn't Nintendo wouldn't feel the need to proactively protect that IP. I would guess the Sidon video was taken down bc Sidon is one of the characters included within this system.
      Speculating like this doesn't always work because things like fan games can get nuked regardless of if Nintendo plans to continue that franchise or not. However, for seemingly small takedowns you can usually look forward a couple of months/years and find the reason they chose to take down the content at that time.

  • @Maishian
    @Maishian Год назад +3

    I remember Sega did something similar in the past. It was purely to help with search rankings on RUclips, to get the trailer for a game sequel to appear at the top and not videos of lets plays of the older game. I think it was for Shining force or something like that. A whole bunch of Shining force 3 videos got nuked off RUclips when that happened. Dunno if this is the reason Nintendo is doing it, but the new Zelda game is coming out soon, so that might be what prompted this in some way.

  • @CLASSiv04
    @CLASSiv04 Год назад +1

    Treading a thin line with Nintendo's terms of service is a "play stupid games, win stupid prizes" situation for sure. I distinctly remember when modded content for Nintendo first came onto the scene, people talked with hushed voices because they knew that if Nintendo caught on some heads would roll. Asmon's opinion of "it's a law, but it's a stupid law and it should be changed" is the correct way to look at it. While I personally am not a fan of PointCrow for a variety of reasons, I think his message is important. Change doesn't happen unless someone stands up and honestly declares what's wrong.

  • @Atrosoni
    @Atrosoni Год назад +7

    This would not have happened had he not advertised the multiplayer mod for download he put that target on his back. Nintendo still fucking overzealous for doing this but he should not have played with fire he had to know the risks

  • @beybladetunada5697
    @beybladetunada5697 Год назад +51

    In todays episode: Asmongold continues to think translators and bilingual people do not exist

    • @orabi3091
      @orabi3091 Год назад +21

      yeah, that was a bad argument to make. Nintendo is not a content creator who can speak one language only

    • @kaganmeiya2149
      @kaganmeiya2149 Год назад +16

      I mostly like his takes but this is one of his bad ones. It doesn't help that he focuses on it so much too.

    • @Irosicndosjnf
      @Irosicndosjnf Год назад +7

      Was looking for this. Just… what an odd take

    • @mannig.faltigkeit2341
      @mannig.faltigkeit2341 Год назад +4

      His point was sort of that the top level executives in Japan may not get the information from English speaking users. This was why he called the US division a satellite. Hierarchies and locations matter a lot the bigger a company gets.

    • @kmeanxneth
      @kmeanxneth Год назад

      In todays episode: you didn't get the point XD

  • @BruceWayne-bd9pv
    @BruceWayne-bd9pv Год назад +6

    Nintendo is known for their anti consumer practices, it's on you if you tie your career to them and then lose it all. They have been doing this kind of stuff since before this guy was born.

  • @paulanderson2963
    @paulanderson2963 Год назад +1

    By the logic of the law if I was to buy a bag of flour and mix the flour in a way that the company did not agree with for example using the flour as some sort of paper glue and share this on RUclips the company could carry me to court because I did not use the flour in the way it was intended.

  • @gatriemacleinn1976
    @gatriemacleinn1976 Год назад +24

    "you will own nothing, and you will be happy" -W.E.F.

    • @KyleJordanGaming
      @KyleJordanGaming Год назад +3

      Lol. True, brother. They’re part of the cult! I got the documents! For once, Tim Pool was 100% right- the Mario movie was some woke bullshit. Unironically his best take in recent memory. Mario got cucked and became a derpy side character in his own movie while Strong Female Protagonist™️ did everything useful. Welcome to the club, Mario. It’s ok, you’re in a safe place. This is Luke Skywalker, Superman, Joel from TLoU, The God-Emperor (yes, that is his ‘real name’, just go with it), Drizzt Do’urden (no, that is not even a real word, much less a name, but whatever), and The Mandolorian (he doesn’t need a name, that’s the point). They understand your pain, Mario.
      Though, real talk: after the way they been doing my boy Luigi dirty for years, and Mario ain’t stood up for his bro even once... I mean, I’m not saying he ‘deserves’ it, but... you know, ‘what goes around’...
      It is what it is.

    • @ZeonEons
      @ZeonEons Год назад +2

      You own the game you buy. You do not have the right to alter that property for commercial use

    • @barrymchawkenhugh2696
      @barrymchawkenhugh2696 Год назад

      @@KyleJordanGaming Strawman

  • @c1berg451
    @c1berg451 Год назад +7

    Someone should tell him that people outside US understand english and that Sony is also a Japanese company.

    • @c1berg451
      @c1berg451 Год назад

      @@corberus3119 i've learned english exclusively from movies at early age, my second language in school was german, being multilingual is something normal outside of english speaking countries, and in a lot of companies that are doing business internationally it is required to know english while applying for a job.

  • @OG_Gutsu
    @OG_Gutsu Год назад +3

    Nintendo wild AF and they been that way for a while now.

  • @jacqli69
    @jacqli69 Год назад +2

    Gotta love it when Asmon acts like he knows what the laws in Japan are. Oh how clueless and silly he is.

  • @MadElk32
    @MadElk32 Год назад +1

    I don't at all agree with Asmon saying the language barrier is why they can't have a dialog. Companies do this all of time, its easy to translate and talk async.
    PLEASE stop supporting Nintendo

  • @jacqli69
    @jacqli69 Год назад +8

    Nintendies will not stop supporting their favorite company no matter how many times stuff like this happens.

  • @ashleigh9659
    @ashleigh9659 Год назад

    Nintendo won't let build a bear fix their stuffed animals that tear because they consider it modifying the toy

  • @KazoWAR
    @KazoWAR Год назад

    Nintendo takes down these videos because they don't want people finding these videos, liking the mod, wanting to play the mod themself looking up how to get the mod working and then learning about how to pirate nintendo games.

  • @eoo-j9n
    @eoo-j9n Год назад +1

    2:00 I totally understand what Asmon saying but I personally don't agree with him
    becoz if Nintendo (or any other creators) allows people to change their creations against their will eventually it leads harm their prestige (Brand name).
    Even if PointCrow (or innocent modders) didn't intend to sell their mods to people, they might influence some crazy fan boy and make them to think it's okay to make Nintendo porns.
    PontCrow is a powerful "influencer". Even if 99% his viewers are pure good people, 1% moron trying to ruin everything. Always.
    And I know Nintendo doesn't have a willpower to find this individual crazy modders. They just pick random big content creators and punish them for warning.
    I understand how much PontCrow disappointed by Nintendo. But at the same time, I understand Nintendo sides too.
    I used to be an illustrator before and I don't want to see that my buyer retouching my works and publish it on online without my permission.

  • @zedamex
    @zedamex Год назад

    PointCrow has mistaken creative input. It applies to creative ideas using their unmodified content, not creativity as in creating mods for the games.
    Like early Red vs Blue where they didn't mod the game, just look up and down (to make it look like they are talking) while adding commentary for silly jokes and some obvious video editing.
    The only video I think they mistakenly struck is the vanilla gameplay one. Maybe they just looked at the title and thumbnail and not actually dug deep enough to realize they were wrong which is what tooo many companies do.
    Nintendo are a closed loop gaming service. Although I agree they would have a longer life and larger community if they allowed mods, at the same time the concept of "everyone gets the same experience" by playing their games on their consoles should also exist.
    That "same for everyone" image is gone if they allow people to share mods online. Nintendo can't provide any customer support if the games modded, eg maybe their own future patches will corrupt saves of modded games, so it could be seen as protection for the customers too. Allowing mods also opens the doors to hacks ruining other peoples gaming experience. Be it traditional wallhack/aimbot etc to picking up an item that a player hacked into the game that permanently blocks your characters inventory slot for example (can't fix without deleting that 1500 hour Animal Crossing island).
    If content creators share modded content videos, people might buy that game thinking those mods are what they will experience without needing to go into unsupported mod territory.
    Under Nintendo's terms, you outright can not actually modify Nintendo content or their consoles. No "content creation" terms overwrite that. I would argue that its even more important as a content creator to follow that rule. Then even more important if you plan on selling any of it.

  • @doughyguy2663
    @doughyguy2663 Год назад +10

    There's a major cultural difference in the way that American (and even European) companies are run, versus the way that Asian, and especially Japanese companies are run. In an American company, if the boss comes up with an idea or a strategy to move forward, you might get some pushback in the form of dissenting opinions of execs, protest from employees, walkouts, etc. That company may be willing to change if other information is brought to light - to a certain extent.
    But if a Japanese company has a decision that comes down from 'the boss', it gets followed. Period. For a leader to walk back a decision involves a certain level of 'losing face' and while it's not unheard of, it's very rare in Japan. So if someone up top decides, for whatever reason, that these videos should be zapped (i.e. they just don't like them), it gets done and no one questions it.

  • @statickaiinaweirdworld179
    @statickaiinaweirdworld179 Год назад

    Modding is completely okay for any game. As long as you are not selling the mod or allowing a download of the game.
    Mods are 100 legal. Nintendo are just bullies.

  • @velorama-tkkn
    @velorama-tkkn Год назад +1

    IANAL, but tbqh Nintendo has the law on their side because what counts is what their product license says and not what a FAQ seems to allow by goodwill. Even on moral grounds: the dude is making money off of content created by Nintendo without paying any royalties except for a license that allows individual non-profit use only.

  • @nyc1ts932
    @nyc1ts932 Год назад

    Nintendo isn’t saying you can’t mod the game. Their issue seems to be not wanting their games modded for monetized content. Makes sense for their brand/product positioning

    • @nyc1ts932
      @nyc1ts932 Год назад

      Whole it’s true there are videos without mods that get flagged/taken down, there are no examples from creators who don’t have modded content on their channels.

  • @NotSoSvenn
    @NotSoSvenn Год назад +13

    He commissioned a 10k fee for someone to create the mod and uses in front of millions of people, gaining revenue because of the popularity of the mod playing the game. He's got no chance.

    • @nikkan3810
      @nikkan3810 Год назад +1

      he's not distributing or promoting it so he does got a chance, "technically". In practice nobody in their right mind would be arsed with fighting a corporation in court, the resources they have let them just drag this shit on for like 10 years and you're broke and they're not.

  • @Sainxtrich
    @Sainxtrich Год назад +2

    He pirate the game to mod it.
    He must pay.

  • @thoseertot5682
    @thoseertot5682 Год назад +1

    it’s crazy how clear asmon can be on his opinion, but he has to reiterate it in like 10 different ways for people who don’t listen/think before typing.

  • @xavierlarive6911
    @xavierlarive6911 Год назад +1

    I think pointcrow is fucked on this one. MoonChannel has a great video breaking it down from a lawyer's perspective, but even if he did go to court he'd have to show that no Nintendo assets were used and that just isn't true. Almost all mods reuse assets, and adding multiplayer to a single player game isn't "transforming the game" in a fair use sense, it's still Breath of the Wild.

  • @sasuke5494
    @sasuke5494 Год назад +1

    The thing I'm confused about is; since their essentially establishing a license with their content creator guidelines, the non-modded videos being taken down should be illegal, no?

    • @Blahblah-oo7lk
      @Blahblah-oo7lk Год назад +2

      Not necessarily. A lawyer on RUclips breaks this down further. It boils down to the EULA and guidelines being so overly broad that Nintendo can come in and shut anyone down at their leisure. The current law allows this since by streaming Nintendo games, you are doing do without permission and thus in violation of the law. But the vas majority of the time they don't go after anyone for modded content unless it is known that someone is 1. profiting or 2. distributing the mod. Pointcrow's problem was that he was distributing the multiplayer mod and that he commissioned the mod for-profit reasons (i.e. content, RUclips ad revenue, and Twitch subs). The law sadly isn't on Popintcrow's side.

  • @ZanethCraft
    @ZanethCraft Год назад

    “Let him cook” comments piss me off. Half the reason we watch asmon is for his first impression, the other half is how that changes and his final comments at the end. Let him cook just cuts out the first part

  • @Reynar7
    @Reynar7 Год назад +1

    He created his YT Channel in 2019 and was around when Nintendo said they were going to be doing this exact thing.
    He got popular w/ the 13yr olds on the internet way too fast and now is complaining because he probably quit his job 2yrs ago.

  • @bpmaace8681
    @bpmaace8681 Год назад +1

    i wonder why is it that good game making companies hate their fans like playstation and nintendo make amazing games but have terrible player feedback and stuff like that but microsoft makes terrible games but are heavily on player mods and stuff like that

  • @Norrabal
    @Norrabal Год назад +2

    IP for Nintendo has to mean "Ignorance personafied" or something

  • @rafaelgalindo4794
    @rafaelgalindo4794 Год назад +13

    The best lawsuit against Nintendo is simply not buying anything from them. You dont lose money, they do.

    • @axelfond8317
      @axelfond8317 Год назад +1

      Wow you really are campaigning for this boycott. On a obscure comment section lol

    • @the1bigbadwolf
      @the1bigbadwolf Год назад +1

      All their games are mostly for kids. That's the problem.

  • @Takalaan
    @Takalaan Год назад +1

    He paid some $10000 to get multiplayer Zelda, that's why.

  • @Mecht
    @Mecht Год назад +1

    Where I completely agree with Asmon that it's a broken system, there are reasons for it. Every company has trade secrets, every company has something to protect from their competition. Some of these cases, particularly this one where it comes to a multiplayer mod, leave the hardware potentially vulnerable for any competition to analyze and reverse engineer. Something similar to this has happened with Nintendo in the past that allowed a company access to their source code that was then used to make an emulator, using that source code.
    I think companies should have some protected rights when it comes to their own intellectual property, it's what keeps innovation running, but there does need to be a more distinct, clearly worded and understood definition of what is encompassed in fair use.

  • @TheWyrmMage
    @TheWyrmMage Год назад +1

    After watching another purported lawyer who made a video about why Pointcrow basically is not in the clear legally I wonder whether people will bother to care about it or just form a huge hate mob because Nintendo bad. I hate how restrictive Nintendo is with their IP but that video by Moon Channel really showed that Pointcrow has no chance and is clearly in the wrong. Too bad it probably will not get nearly as much traction.

    • @coolyeh1017
      @coolyeh1017 Год назад +1

      I mean you can still be mad at Nintendo for being very trigger-happy, but at the same time acknowledge that Pointcrow did violate the law even though his content overall is relatively benign and brings much joy to others (well not to Nintendo).

    • @TheWyrmMage
      @TheWyrmMage Год назад

      @@coolyeh1017 True as well!

  • @willaimshat
    @willaimshat Год назад

    My grandma did that once. I won't repeat what she said but it was wild when she said it.

  • @ChickeNeck
    @ChickeNeck Год назад

    its like saltine crackers getting mad that u crunch them up to use them in a recipe to make something else

  • @ewave662
    @ewave662 Год назад +4

    i love the way you talk Zach. i watch you so much bc its like a different version of myself showing me all these things i didnt know about yet

  • @McHaven07
    @McHaven07 Год назад

    what needs to happen is Mr. Beast needs to stream Nintendo stuff, mods and all, and when they try to strike him, he has the assets to survive a court battle. I'm not saying Mr. Beast is as rich as Nintendo, but for the price of a few islands, he can make some waves in the legal space.

  • @Motionnerf
    @Motionnerf Год назад +1

    Also curious as to if it’s actually Nintendo , wouldn’t be the first time Simone’s just pretended to be a company and struck people with ease lol

  • @unnlucky333
    @unnlucky333 Год назад

    nintendo is the equivalent of Michael Drejka shooting an unarmed man after being pushed to the ground for harassing the guy's wife

  • @tinainaz3830
    @tinainaz3830 Год назад

    People need to understand that Nintendo has been refraining from exercising their copyrights on all these "content creators". Why should people make noise should Nintendo choose to exercise it when they detected potential security issue?

  • @PhaZeUnleashed
    @PhaZeUnleashed Год назад +2

    As long as you aren’t selling the game after for modify it, I don’t see a problem with it.

  • @asherdales
    @asherdales Год назад

    I think the only avenue that could be used as a defense is trying to prove that Nintendo is selectively "protecting" their IP, especially when they have contradicting ToS. If it can be proven that it's selective then it can be argued well that it's not about protection.

  • @AnonYoBizness
    @AnonYoBizness Год назад

    BRUH lol that Grandma Metaphor was PHENOMANAL LOOOL!

  • @dmerritt4ever
    @dmerritt4ever Год назад +1

    even if you were 100% in the right and Nintendo had no ground to stand on what so ever, you still can't sue them. they will just drag it out and bleed you dry until you run out of money. in our legal system its not about who is in the right or even about the law, its about who has more money.

  • @oompaloompa2183
    @oompaloompa2183 Год назад +8

    I need that Nintendo grandma tweet

  • @KingIvanGil
    @KingIvanGil Год назад +9

    This is like buying a book and not being able to write notes inside of it.

    • @Anna_96
      @Anna_96 Год назад +8

      Not quite. You can write notes for yourself since nobody is going to know that you did. But if you afterwards scan your notes, publish them to the internet and the author didn’t like what you wrote, subsequently trying to stop you - that would be more comparable.
      The most accurate comparison, however, would probably be if you acquire the script of the book, rewrite parts you didn’t like and post your version on the internet, which the author didn’t approve of.

    • @shimmeries
      @shimmeries Год назад +3

      @@Anna_96 Eh, but he's not publishing the mods though. No one has access to them except through him, and even then they can't actually use them, they can only see them in use. It's more like buying a book, editing it, and have someone read the book over your shoulder. Which you could totally do, and no one could do anything about it.

    • @svagglaorde4387
      @svagglaorde4387 Год назад

      Add in buying a book but you have no right to put PVC covers to protect your book from dust.

    • @Anna_96
      @Anna_96 Год назад +3

      @@shimmeries he did publish (and also commission, one might add) the mod, it was made available in his discord if i recall correctly (the respective posts have been deleted from his community tab so i couldn’t fact check). His channel got targeted shortly after that.

  • @MrSlays4days
    @MrSlays4days Год назад

    It’s more or less one sided. Nintendo just doesn’t bother listening to the creators or the players.

  • @judahlagrange8286
    @judahlagrange8286 Год назад

    2:15 unless it's multiplayer

  • @furydeath
    @furydeath Год назад +1

    Meanwhile Nintendo using pirated ROMs for there virtual console

  • @shiroemon4290
    @shiroemon4290 Год назад +2

    Imma be real, I don't give a damn about some youtuber, I love Nintendo's games and I don't have any reason to hate. If you're gonna hate, hate your government that allowed this, hate the top brass in Nintendo that asked for this, no need to hate on the dev teams and the games, separate the artists and their art from the CEOs. Also ain't no casual people gonna give a damn about this, the whole "Nintendo is ruining their image" is laughable.

    • @theprosniper6370
      @theprosniper6370 Год назад

      Yeah but it honestly truth to hate them since they have done this so many times while other Japanese companies don’t care also Nintendo practices disgust me and lot of other people

    • @wukongsun6223
      @wukongsun6223 Год назад

      Agreed. Pointcrow got what he deserved

  • @ChenLinYu323
    @ChenLinYu323 Год назад +1

    They know what is going on and just don't like it, Nintendo in Japan deal with mods and derivatives in a same way.

  • @marinellovragovic1207
    @marinellovragovic1207 Год назад

    Asmon not knowing what Vanilla means in a gaming sense is fucking sad.

  • @EskilBagge
    @EskilBagge Год назад

    I understand why they take down modded stuff. it is because you can have kids seeing moded videos, and then they can't play that themselves.

  • @wolvojay85
    @wolvojay85 Год назад

    If you buy a car you have the right to make whatever changes you want to it, if you buy a PC again you can change whatever you like, I don't see how this is any different and the fact that again the government get involved in this is just stupid.

  • @CyanideCold
    @CyanideCold Год назад

    This sounds like something is flagging videos with BOTW and MODIFIED. Stuff like this happens when game sequels come out to prevent leaks.

  • @dudeimbusy
    @dudeimbusy Год назад

    Lack of ownership is disingenuous of freedom…

  • @jackbubby3893
    @jackbubby3893 Год назад +15

    Whoever issuing these dmca claims, there is a special place in hell for people like that.

  • @FireJach
    @FireJach 11 месяцев назад

    Peter Parker playing Nintendo games is a gem on gaming RUclips

  • @nanmwahrki1263
    @nanmwahrki1263 Год назад

    22:25 Nintendo: なんてこった

  • @LambdaDriven
    @LambdaDriven Год назад +1

    If this upsets you, consider supporting the Electronic Frontier Foundation. They do a lot of work in defending fair use and fight against attempts to make copyright law even more draconian.

  • @asseenontb3082
    @asseenontb3082 Год назад

    The idea that people from other cultures, especially business professionals, cannot speak English or don’t know how to use a translator of any kind is kinda weird and honestly pretty racist

  • @graphicsblacksmith
    @graphicsblacksmith Год назад +2

    The best way to look at Nintendo is not to look at them as a game company because they are not one. They are primarily a toy company, video games are a secondary thing to them. That's why all their console has to have some kind of gimmick to them or how tend to market things. They market their products as if it is a toy and only tend to produce small amount of it to sell if they believe the demand will not be there. Look at NES mini and SNES mini as an example as they only release a certain amount of them then refused to make more even when the demand was there for them.
    They consider the game console and video games aka software as nothing more than a toy. And as a 'toy maker' they are very protective of their products and the rights to said products.

  • @steveblack8017
    @steveblack8017 Год назад

    People need to get over Nintendo. I got over Nintendo when they lied to my face about what the Wii could do. I don't even think that's as bad as how they're treating their customers now, so get over how you like mario because the colors are cute and go and spend your money on products from companies that won't spit in your face.

  • @steveballmersbaldspot2.095
    @steveballmersbaldspot2.095 Год назад

    Pirating all Nintendo games is the morally correct option.

  • @definitelynotmany4972
    @definitelynotmany4972 Год назад

    7:09 100% Nintendo just took down any video that seems like it modded the game, and that one was one of the unintended consequences because, based on the thumbnail, I would be confident that it is a modded gameplay.

  • @Its_Thomas_
    @Its_Thomas_ Год назад +1

    Heck Nintendo dont like people uuzlocking pokemon because it changes the game, not to mention rom hacks to make there easy game harder.

  • @arcadius3257
    @arcadius3257 Год назад +1

    I support Nintendo on the Piracy matter.
    I don't support this, if you bought a game you should have the right to alter what you paid for or hell even emulate it on PC.

  • @lGxtmXl
    @lGxtmXl Год назад

    2023 and us still use internet laws from the 90'

  • @kxss9889
    @kxss9889 Год назад

    The biggest issues with this is the Pokemon community have been molding and recreating Pokemon games for 5+ years now, so I feel like his argument will actually hold up because they don't have any consistency when moderating through their IP's.

  • @younguy1979
    @younguy1979 Год назад

    imagine modifying Mario, Luigi, and Princess in a hot sexy mods, that'll enrich the reputation and fanbase

  • @goatmeal5241
    @goatmeal5241 Год назад

    I grew up as a massive Nintendo fanboy, but a combination of unexciting recent games and shitty behavior towards fan communities have basically killed my interest in them as a company. Maybe I'd watch Metroid Prime 4 content if/when that ever comes out, but I'm not actually excited for TotK at all. It's sad how much good will they've squandered.

  • @larryevans3369
    @larryevans3369 Год назад

    Telling someone not to mod a rpg is like if Microsoft told people not to mod gt5 like why does Nintendo keep cutting there consumers off from the past it makes no sense how Nintendo can keep taking from there consumers it's gonna make them go broke at this rate

  • @jamilangon5798
    @jamilangon5798 Год назад

    That's why I moved away from Nintendo products. I grew up on Nintendo games from FamiCom up until 3DS. It is just a sh*t company want to make juice of never retiring titles, remaking and remaking endlessly. But people still play and buy those Nintendo products. I hope there was a day that Nintendo gasping for air and filing for chapter 11.

  • @PabloNotThePenguin
    @PabloNotThePenguin Год назад

    I dont know Escape From Tarkov is being developed by a russian team and when I tell you they are maximizing efforts on taking in community feedback they are. In my opinion I genuinely think its just a lack of care on Nintendo's part and they just want to protect their IP regardless of who it effects.

  • @jcmottern
    @jcmottern Год назад

    Thought this was Chris Raygun at first

  • @AquaAriaSachou
    @AquaAriaSachou Год назад

    Note how Pointcrow basically has to get on his knees and beg Nintendo. He knows that they give 0 fucks about him and content creators and will w.e the fk they want so he has to pray to them in hope of another chance.

  • @Dommifax
    @Dommifax Год назад +1

    Man looking at the comment sections of vids like this I always ask myself if all those people treating companies like poor innocent baby animals that need to be nurtured and protected from the cruel world are bots or actual people who deluded themselves into thinking what company PR says is God given truth and the only laws are the commandments if the CEOs

  • @every1lovesdavid
    @every1lovesdavid Год назад

    There should be a content creator blackout of Tears or even all Nintendo games for a year. See how much harassing content creators kills the hype for Nintendo products when they stop making the content.

  • @Madocvalanor
    @Madocvalanor Год назад

    “Since Nintendo’s been around.” So 1897? You know this company is over a century old right?
    So here’s why Nintendo and most of the gaming companies over seas ban modding: back in the late 70s early 80s alot of rental companies would buy blank game cartridges from the manufacturer and buy a single copy of the game. They had a special tool that would readwrite the game on to the blank cartridge. They called this modding back in that time, ie modifying the blanks. The rental companies would then sale the ‘modded’ blanks to their customers. They didn’t have the strict copyright laws back then, but Nintendo and the gaming companies asked for stricter rules because profits were being stolen from them. Since then the copyright laws in japan have only grown stricter