Nintendo Seeks Damages & Broad Injunction Against 'Pirate' Game Streamer (torrentfreak.com)

submitted 3 weeks ago by Tea@programming.dev to c/piracy@lemmy.dbzer0.com

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Nintendo is hoping to wrap up its lawsuit against gamer Jesse Keighin, aka EveryGameGuru, after he failed to answer the complaint. The game giant seeks $17,500 in damages for copyright infringement, including streaming pre-release games and sharing links to emulators. In addition, Nintendo requests a broad global injunction to prevent future infringements, even for games that do not yet exist.

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[-] mbirth@lemmy.ml 3 points 3 weeks ago

This is because they own the gameplay

Do they, though? They create the world, but the player is the one controlling the action.

someone reading a book out loud publicly

If I publicly read a book, I replay the contents verbatim. Basically an exact copy. But playing a game IMHO is more like fan-fiction. I'm making my own story and thus there should be no way to get any legal case against showing/publishing this to others.

That being said, if you monetise your videos and make money from them, it becomes a whole different story.

[-] Chewy7324@discuss.tchncs.de 3 points 3 weeks ago

They create the world, but the player is the one controlling the action.

Yes, the streamer adds to the experience (i.e. how he plays, commentary, ...), but a narrator put their own spin on a story. Intonation, the timing of pauses, etc. all requires skill and changes the end result.

Good point about fan fictions. I think fan fics are more like mods in the way that they expand on the world/media without distributing the original media itself.

But yeah I also think it's dumb that playing a video game could be considered copyright infringement. The same goes for small clips from movies, which are the exact opposite of detrimental to the popularity of a movie.