Games
Welcome to the largest gaming community on Lemmy! Discussion for all kinds of games. Video games, tabletop games, card games etc.
Rules
1. Submissions have to be related to games
Video games, tabletop, or otherwise. Posts not related to games will be deleted.
This community is focused on games, of all kinds. Any news item or discussion should be related to gaming in some way.
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We are here to talk and discuss about one of our passions, not fight or be exposed to hate. Posts or responses that are hateful will be deleted to keep the atmosphere good. If repeatedly violated, not only will the comment be deleted but a ban will be handed out as well. We judge each case individually.
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Try to keep it to 10% self-promotion / 90% other stuff in your post history.
This is to prevent people from posting for the sole purpose of promoting their own website or social media account.
4. Stay on-topic; no memes, funny videos, giveaways, reposts, or low-effort posts
This community is mostly for discussion and news. Remember to search for the thing you're submitting before posting to see if it's already been posted.
We want to keep the quality of posts high. Therefore, memes, funny videos, low-effort posts and reposts are not allowed. We prohibit giveaways because we cannot be sure that the person holding the giveaway will actually do what they promise.
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Make sure to mark your stuff or it may be removed.
No one wants to be spoiled. Therefore, always mark spoilers. Similarly mark NSFW, in case anyone is browsing in a public space or at work.
6. No linking to piracy
Don't share it here, there are other places to find it. Discussion of piracy is fine.
We don't want us moderators or the admins of lemmy.world to get in trouble for linking to piracy. Therefore, any link to piracy will be removed. Discussion of it is of course allowed.
Authorized Regular Threads
Related communities
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Video games
Generic
- !gaming@Lemmy.world: Our sister community, focused on PC and console gaming. Meme are allowed.
- !photomode@feddit.uk: For all your screenshots needs, to share your love for games graphics.
- !vgmusic@lemmy.world: A community to share your love for video games music
Help and suggestions
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- !AutomationGames@lemmy.zip
- !Incremental_Games@incremental.social
- !LifeSimulation@lemmy.world
- !CityBuilders@sh.itjust.works
- !CozyGames@Lemmy.world
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- !OtomeGames@ani.social
- !Shmups@lemmus.org
- !VisualNovels@ani.social
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- !Cities_Skylines@lemmy.world
- !CassetteBeasts@Lemmy.world
- !Fallout@lemmy.world
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- !Minecraft@Lemmy.world
- !NoMansSky@lemmy.world
- !Palia@Lemmy.world
- !Pokemon@lemm.ee
- !Skyrim@lemmy.world
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- !Subnautica2@Lemmy.world
- !WorkersAndResources@lemmy.world
Language specific
- !JeuxVideo@jlai.lu: French
view the rest of the comments
If something that would normally be copyrightable is leaked, then the only people who have legal rights to that work are still the original owners. Anyone taking/sharing it is breaching copyright.
Different case for something someone recorded/created themselves, ex recording police abuse on their phone.
I know some people have a misguided view of “But you didn’t register copyright, it’s not copyrighted”. That’s the opposite of how it works. Rights are granted at time of creation; copyright is a “granted” right as part of sale/viewing managing how something can be shared.
Otherwise, a photographer that takes a picture of a rare Snipe can have that photo “legally” stolen before they make it to a lawyer.
It's like you're trying really hard to contort the discussion to make it seem like Nintendo has solid a case here. All the protections you're talking about apply to works regardless of when or how they're released. From the point of view of copyright law, a "leaked" recording of a game is no different from a regular recording of a game. Afaik, the guy in the OP isn't being accused of sharing leaked game files.
If you're trying to say that a recording of a video game is not considered fair use under copyright law, then I give you the existence of Youtube and Twitch as counter evidence.
Maybe, but I don't see how that's relevant here, unless you're implying I have that misconception. If that's the case, please point out which part of my comment lead you to this conclusion.
So, funny you should say that...
This happened to Persona 5. Atlus felt that they had a legal basis to make copyright claims on the game - in their case, circumstantially around spoilers (I guess because they wanted people to pay $50 to experience the late-game story)
And they walked back, not because lawyers were dismantling their case, but because of public outcry. That basis of public preference is what has encouraged game studios to be friendly with Twitch / YouTube, not because judges would rubber-stamp any fair use "transformative work" argument. That is also why many games have given explicit notices to say "Content notice: Please feel free to share videos of this game wherever you'd like!" etc - as it is a non-default judgment.
So, as strange as it is to say, most uploaded videos of a game is in some murky legal territory. Obviously, most studios don't care and even prefer them to be shared for visibility - or took the time to include those notices to make it 100% legal. But when the recording came from an internal build, the game itself is "stolen", in that the person playing it breached either terms of viewing or terms of employment, and then the person re-uploading it is breaching copyright as they had no permission.
If you want to work it through the other way, permission to upload a work is non-default. You need to provide a basis it's legal, not a basis it's illegal. In many cases, it's "I made this". For 99.9% of video game content, it's "the developer is okay with it".
We're both armchair lawyering, so I don't feel like continuing this discussion. I'll just quote a part of your comment that I think is silly, both in the claim that is being made, and the confidence with which it is being made:
Sure, a subjective 4-part test to determine whether the content is fair use or not. Totally not murky.