Game Dev Calls Copyright Claim on Negative Reviews of Game

(youtube) On the 18th of October, the developer of Day One Garry's Incident issued a copyright strike against my channel, effectively censoring the criticism of their game. This is an account of what happened and why it should never be allowed to happen again.
Dumdeedumsays...

Blah blah terrible, agreed, but I can never listen properly to TotalBiscuit because he insists on talking in that cheesy radio DJ voice that even DJs don't use anymore.

RFlaggsays...

Some people can't take criticism. Especially bad when you got proof they gave permission before you made the video, and aren't doing things equally.

Some of the channels I watch are critical of Young Earth Creationists, proving how the YEC people are providing false witness by lying about the actual facts in an effort to confuse their audience into believing the Earth is only 6,000 year old, and they get take down notices all the time. In those cases it is fair use at play since the channels they are being shown on aren't getting revenue, and are educational. In TB's case, he had permission from the company, signed by the very guy who later complained.

As TB notes, this isn't really about him and his video though, but others who do the same thing who don't have a powerful network behind them to recover or fight, and has more to do with YouTube's default action, without giving proper recourse for the content maker to address it fairly, and of course the DMCA itself which is probably the core of the problem. Hopefully, if any of the videos he pointed out as still being up are taken down after he pointed them out, his Network will help those people.

The subject of Let's Play videos and their legality is a difficult one. TB's WTF videos are basically Let's Play with an initial impression. Even without a blanket and specific permission granted, they should be legal, as it is critique, not just a pure Let's Play without commentary of the entire game. I can see the argument against showing a large portion or entire game and monetizing it without permission, but a shorter Let's Play or critique should be fair, especially critique.

It should be noted that the Developers have since pulled their complaint to YouTube after the negative publicity. Gee... take down notice to one of the biggest YouTube game reviewers out there, somebody who's professional name and reputation is "cynical" and you don't think there would be fallout?

CreamKsays...

Not uncommon. Game companies can be very touchy of negative feedback. Some games go to great lengths to limit any kind of negative responses banning people, trying to shut people up in 3rd party sites too.

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