Thursday, May 16, 2013

Nintendo Made a Big Goof

I'm a big Nintendo fan. And I'm not even one of those Nintendo fans that says things like "Nintendo used to be good but now they've lost their way." No, no, I bought a Nintendo 3DS on launch day and don't regret the $250 purchase one bit. I think that Super Mario Galaxy 2 is one of the best video games ever made. I'm even willing to call myself a fan of Waluigi, folks. This is why, dear readers, it really saddens me to hear that Nintendo is cracking down on Let's Players.


Let's Player Zack Scott was the dude who kickstarted conversation about this new policy of Nintendo of America. He claimed that Nintendo forced ads onto his videos which shoots the ad revenue completely to Nintendo, not himself. Nintendo issued the following statement:

"For most fan videos this will not result in any changes, however, for those videos featuring Nintendo-owned content, such as images or audio of a certain length, adverts will now appear at the beginning, next to or at the end of the clips. We continually want our fans to enjoy sharing Nintendo content on Youtube, and that is why, unlike other entertainment companies, we have chosen not to block people using our intellectual property."

I love how Nintendo is trying to paint this as a good thing. Those other companies have these videos taken down, we just want to take these Let's Players' money!

There are some problems with that line of logic. For one thing, those "other entertainment companies" are, a vast majority of the time, not video game companies, they are music and film companies. I'm not going to necessarily defend or bemoan the actions of those companies, but there is a fundamental difference between what they do and what the big N is doing. What those "other entertainment companies" typically do is remove uploads of full songs and clips of films, that may include lyrics or subtitles, which are of course owned by the company and not the uploader. Let's Players film their own personal gameplay experience, and a huge component of the video is their entirely original commentary. 


If somebody uploads a full movie onto YouTube, the people who view that video have watched that movie. When someone uploads a video of New Super Mario Bros. Wii with their voice playing over it the whole time, the viewers aren't watching New Super Mario Bros. Wii in the same way that one would be watching a directly uploaded, say, Skyfall. Gamer X's playthrough and commentary of New Super Mario Bros. Wii is a different thing than the video game New Super Mario Bros. Wii. If you want to play New Super Mario Bros. Wii, you have to play New Super Mario Bros. Wii, you can't just watch a Let's Play of it. If you want to watch Skyfall? Sure, if some dude throws it on YouTube, you could - for the most part - get a proper viewing of the film.

Now, hey, sure: I don't deny that some people watch a Let's Play and, because they watched it, no longer have a desire to buy and play the video game. I watched a playthrough of Heavy Rain, and when I was done, my desire to actually pick the game up and play it was vastly diminished. I totally understand not liking that. But to use those situations as a means of justification for doing what NOA is doing is far from reasonable, especially on a pragmatic level. 

In a broad sense, I feel safe in saying that Let's Plays help game sales much more than harm because the experience of playing a video game is vastly different from watching someone else play the game. I've been motivated to buy and play a game more than I've had my motivation diminished, when it comes to watching Let's Plays. I think most people would agree that watching a video of someone playing a game is more likely to entice someone to play the game rather than take away that potential desire.  At least, surely, it has massive potential to create interest in the game.


And yeah, Nintendo isn't saying that these videos can't exist, but these big time LPers that build a career off of their videos - some of whom playing mainly or perhaps even exclusively Nintendo games - aren't going to waste their time on Nintendo titles if there's no money in it for them. There are similar websites like Blip that could be used as an alternative, but YouTube is much more popular - everyone reading this knows what YouTube is, but Blip? Not so much. I only know about it because of ThatGuyWithTheGlasses, and you may not know what the heck that is either. 

It's not just LPers that could be affected: Reviewers, for example, could fall into this trap as well, if it meets NOA's criteria. Shouldn't there be a legal issue in what Nintendo is doing? I'm no lawyer, but I don't think it's out of the question to say that these LPers' videos are completely legitimate, based on Fair Use law for their criticism. 

I think Peer Schneider of IGN hit the nail right on the head with this tweet:


"@PeerIGN: Only possible outcome: fewer Nintendo Let's Plays by the most influential YT elite + less Nintendo mindshare on the biggest video network."

Copyright infringement makes me queasy. For example, while I'm no SOPA supporter, I think I'm more anti-piracy than a lot of people. But I can't wrap my head around this decision from Nintendo. As a big fan, I'm disappointed. Here's hoping this doesn't become a large-scale, long-term issue, as it seems it will be at the moment. As it stands, Nintendo is on a road that will continue what may be their biggest problem; a distinctive negative stigma of Nintendo within the gaming community.

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