this post was submitted on 08 Sep 2023
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Japanese YouTuber convicted of copyright violation after uploading Let’s Play videos (www.theverge.com)
submitted 1 year ago by [email protected] to c/[email protected]
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[–] [email protected] 131 points 1 year ago (2 children)

TL;DR He was arrested for uploading a recording of the entire VN two days before the game came out, which, being a visual novel, debatably cost them sales from people who just read his video instead of buying it. It's a bit like if someone filmed themselves turning the pages of a new Harry Potter book before the street date so everyone could read it.

Seems to me that it's less "uploaded lets plays" and more "posted game footage before the game release", and they nailed him for anything they could.

I don't think piracy should be punished, but like, if you're gonna do it, don't post video recordings of yourself doing it before the game comes out my guy.

[–] [email protected] 63 points 1 year ago (1 children)

The game came out in 2011 though on Xbox 360. The 2019 release was just a port. If their argument is that he spoiled the story they're full of shit. But it's Kadokawa so that's a given.

[–] [email protected] 6 points 1 year ago

The 2019 release was a port, remaster, and the first international release.

[–] [email protected] 11 points 1 year ago (1 children)

Exactly. That dude had to know better. Wtf was he thinking?

[–] [email protected] 1 points 1 year ago

"But bro the views!!!"

[–] [email protected] 22 points 1 year ago (2 children)

A lot of people are going to be super quick to post something, but actually read what it says. If you stream or upload game footage before it's official release date, they have full rights to shut you down

[–] [email protected] 1 points 1 year ago

If you stream or upload game footage ~~before it’s official release date~~, they have full rights to shut you down

The timing of it speaks to what kind of damages they might be seeking, but it doesn't change the overall principle of it. Streaming or uploading video footage makes a derivative work or a partial copy, and I think that's pretty well established by now, regardless of whether it's done before release, right after release, or 20 years later.

I know, people do it all the time, anyway. Well, there are "fair use" cases where copyright law can get a little more lenient (like if you're giving a tutorial, or the footage relates to some academic commentary), but most of the video game footage you see online isn't there because it's legal, but because nobody really cares about it (or is suffering any damage from it). In principle it's still not legal.

[–] [email protected] 5 points 1 year ago

This is the best summary I could come up with:

A Japanese court has convicted a man of violating copyright law after he uploaded gameplay and anime videos without publisher permission.

Reported by Japanese paper Asahi Shimbun, the 53-year-old man, Shinobu Yoshida, was sentenced to two years in prison and assessed a 1 million yen fine (or about $6,700 USD.)

Yoshida was arrested in May of this year after uploading gameplay videos of the visual novel Steins;Gate: My Darling’s Embrace back in 2019.

Yoshida also uploaded videos summarizing episodes of the Spy × Family and Steins;Gate anime shows.

CODA characterized the complaint as “malicious cases of posting videos containing content and endings (spoilers) without permission from the rights holders, [...] and unfairly gaining advertising revenue through copyright infringement.”

Asahi Shimbun reported that the prosecution stated Yoshida’s actions were, “a malicious act that tramples on the effort of content production.” They argued that because he uploaded videos that condensed and spoiled anime episodes and videos of gameplay from a visual novel — a style of game that focuses on reading to experience the story rather than through gameplay — consumers would be less incentivized to spend money on either.

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