The Fair Use/ Jim Sterling court case

[Hargan]

" It's a beautiful day outside. birds are singing, flowers are blooming... on days like these, kids like you... should be burning in hell."

The first words posted by Jim Sterling shortly after the news broke on this case, and let me tell you, it's a doozy.

http://kotaku.com/angered-game-develope ... 1765484317
http://www.destructoid.com/indie-develo ... 9283.phtml

Basically, tl;dr since 2014, Digital homicide released a bad game. And when Jim reviewed it and called it bad, they issued a DMCA takedown on youtube. Yeah, those things that run rampant these days? Yeah.... This was the early days of the system's abuse rising to power.

Since then, Jim has had a tete-a-tete with Digital homicide (feel free to watch the youtube videos) who have done some... "interesting" things throough these past two years. I'll let you watch Jim Sterling himself talk about it on his youtube videos.

One video in particular interest is thus: https://www.youtube.com/watch?v=w-UgOXP82UI

One where Youtube made a promise to protect content creators in a situation as thus.

So now, we have a defining moment on our hands:
1- What type of company is Youtube? Will it stand by its words?
2- What will fair use's applicability to the internet be like?
3- Will content creators be able to turn round and sue for false DMCA claims against companies after this?
4- Will everything crumble into dust before our eyes.

Either way it goes, defining moment here.

[Randall]

Thank you, thank you.

[Sev]

While I find JS's humor a bit but or miss, trying to sue him for doing his job is just outright stupid. These developers are just dragging their names further into the mud.

[Rakuen Growlithe]

You can't sue someone for a bad review. -.-

[Sev]

But you can sue someone for a bad game.

[Rakuen Growlithe]

But you can sue someone for a bad game.

Suing for misleading advertisements is not suing for a bad game. If some advertises a new phone that has a built in holographic projector and then the phone doesn't include that, then consumers were misled.

[Neon]

You know...its because of Jim Sterling that I bought all my friends who I don't like copies of 'The Slaughtering Grounds'


10/10 best gaem on steem eva

[Valerion]

You can't sue someone for a bad review. -.-

Correction. In the US you can sue anyone for anything. Courts will generally give you a hearing, unless you are REALLY REALLY without a case. Winning it is a totally different matter, though.

[Randall]

You can't sue someone for a bad review. -.-

Correction. In the US you can sue anyone for anything. Courts will generally give you a hearing, unless you are REALLY REALLY without a case. Winning it is a totally different matter, though.

Indeed, even looking at someone funny. And that is why I avoid going there at all costs.

[Adagio]

It's true...
Look at THIS

Someone sued a coffee shop for $2 Undecillion...
That is $2000000000000000000000000000000000000
And I'm not even exaggerating...
For, and get this...
1.) A Chinese couple took his picture without his permission.
2.) A dog bit him on his middle finger.
3.) They overcharged him fr coffee...
Among others...

[Sev]

But you can sue someone for a bad game.

Suing for misleading advertisements is not suing for a bad game. If some advertises a new phone that has a built in holographic projector and then the phone doesn't include that, then consumers were misled.

Prerelease stuff occasionally looks better than what the players end up getting. Even the early The Witcher 3 screenshots looked slightly better than the actual game. In that case, no one cared, because The Witcher 3 is still the best fantasy RPG ever made.

In this case, however, the game was a buggy, broken, mess. Had the game still been decent, people would have simply accepted that it doesn't look as pretty as it should and moved on.

[Rakuen Growlithe]

Prerelease stuff occasionally looks better than what the players end up getting. Even the early The Witcher 3 screenshots looked slightly better than the actual game. In that case, no one cared, because The Witcher 3 is still the best fantasy RPG ever made.

In this case, however, the game was a buggy, broken, mess. Had the game still been decent, people would have simply accepted that it doesn't look as pretty as it should and moved on.

That is all true. Often they mention that pre-release footage does not represent the final product. So the question is just how much truth can one reasonably expect in that footage. Of course the quality of the final product matters. Let's say you went to a restaurant and ordered a beef burger but instead got given a chicken burger. Assuming you eat both and don't have any dislike of chicken and that the price is comparable, it's likely you will be annoyed but deem it not worth the effort to complain and wait for the correct order. However if you are only brought chips, then you will complain. If the game does not match the footage provided that is annoying but if it doesn't match and is also bad then one is disinclined to overlook the problem. A perfectly reasonable decision. Although I would expect that he lost that case.

[Randall]

Not to detract Adagio, but a burglar can sue you, in that wonderful country, if he busts up his hand breaking into your place.

Back on topic. I have legally cleared my way to making a parody of Rudolph Muller/Mybroadband.co.za

I will show you all soon