I've noticed the law abuse a lot now. Laws are not prioritized and, what's even worse, they're not connected with each other - "Swish cheese" syndrome. Some laws even seem to be above Constitutional law, which is actually absolutely illegal.
So, the one, who has the most money, wins. If you have a good lawyer you can make either one of the laws work for you. Those laws mentioned here, don't "cancel" each other out, so you lose to whoever has the biggest wallet.
The copyright law he quoted for fair use, commentary, satire, educational or parody is correct.
However the law does not state you can show or display the copyrighted work. Yes, you can comment on it and you can criticize the work, you can parody the work, but it doesn't say you can rebroadcast, re-transmit, or display the copyrighted work.
example the video could show his face as he is commenting and playing the game, therefore he is using the game to make comments and criticism - fair use -
I like to refer to this guy as "a business hardcore"; he has the degree in business and talks no BS. One day I'm going to study his videos to define "an engaging infomercial."
Just watch the documentary movie "zeitgeist moving forward" here on youtube, you'll see much better way for many points in people life, and spread the word because things are going to change.
This has me wondering aswell. I've recently completed a Let's Play (game playthrough) for Wanted: Weapons of Fate, and one of those videos was matched as third-party content, even though it was solely my own recorded gameplay. Only one of those videos was matched, but I disputed it and haven't heard or had any problems with it since. All 3 of my Assassin's Creed II playthrough videos have matched content so far, and I've disputed all of them and defended myself. Am I in trouble now, too?
If you were wrong, which your not. Soon you'd see the DCMA lawyers in your house suing you because your friend come over to say hi and accidentially caught you playing a video game.
(cont) Can you shed some light on how true this warning from machinima is and also is there anyway to know how much of a playthrough that can be shown?
I am new to posting on youtube with a very small channel and I want to do my own game reviews, playthroughs, multiplayer commentaries and such without having to go through a lot of hassle.
I have a question regarding a recent incident over playthroughs on games published by activision, ea, and 2k games. A couple of people I subscribe to recently pulled some of their playthroughs down because they were contacted by Machinima with a warning about those 3 companies stating that people can't show cut scenes or the ending of a campaign part of a game that they publish.
Music piracy and illegal downloading is anti-semitic. People are downloading music to hurt the Jewish media bosses and take away their profits. If you download music illegally, you are a Nazi criminal!
Maybe you can help me out on this. I wrote my own lyrics in place of famous songs done by well known artists as spoofs using karaoke music which I acquired from YOU TUBE. If you check out some of the songs I sang my lyrics too, you can tell me what you think. But remember, this can also apply to those who used the karaoke music. I believe it would be more important if those placing the karaoke music on YOU TUBE acquired permission from the artists.
One of my videos has been flagged & banned in Germany - even though I OWN THE COPYRIGHT!
Some friends of mine wrote & recorded a song (30 years ago!). Obviously they own the copyright - we can easily prove this - and I can provide written permission for me to use the song, but Sony have launched a copyright claim, even though Sony have fuck all to do with it....
The law is clearly on my side - but youtube can not be contacted, ignore the counter claim and basically don't give a fuck...
Using copyrighted material without permission is theft whether you like it or not and even if you make money from it or not. I write a song and you use it without permission then I will sue with no hesitation. If you steal other people's music to get views on your video then your video is no good anyway. Lots of royalty free music out here for your videos. Google search for it! Copyright infringement can cost heavily in damages!
"Fair use, a limitation and exception to the exclusive right granted by copyright law to the author of a creative work, is a doctrine in United States copyright law that allows limited use of copyrighted material WITHOUT acquiring permission from the rights holders."
Non-profit and personal use tip the balance in favor of Fair Use.
@JMDub89 Yes, 'LIMITED' use but you know as well as I do that is not the case when people are playing other people's music to get hits on their channels to get advertising revenue! That's not 'FAIR' or 'LIMITED' use!
The MPAA and RIAA are bold and have fucked up stupid lawsuits and their facts are not facts at all but random shit they pull out of their ass. But even with their boldness and the amount of money they have, they are not so bold as to actually try to say every citizen in the U.S. is a pirate and thief and no judge would even buy that even if they gave ALL their money bankrupting their industries to "buy" such a ruling.
They'd have lost so much money you'd see them run to Congress and telling them to get rid of the DMCA or at least revise it all the way back to what it was when it first came out. Basically they wouldn't act like they own the world and your souls and stop treating the customers and consumer as criminals when it's because of US those fuckers even have a job or have any money to begin with. And they'd stop ripping you off.
If people in America want the DMCA gone, first, do NOT do the stupid thing of piracy, that'll only feed their resolve. If everyone or a vast majority, canceled Netflix, stopped COMPLETELY buying ANYTHING on iTunes, stopped going to the theaters and no one bought a single CD, DVD or Blu-ray for even one, but 2-3 months, if you can hold out that long.
A little birdie told me that some of the higher up Google executives work in the White House or have some standing there. It's no wonder they bend so easily to the governments laws and bow to big media industry.
Sadly "our" Congress is half, majority, regardless, enough are bought for and paid by the media industry, mostly MPAA and RIAA to bend to their whim. That's why the DMCA got passed in the first place. They have been trying for over a decade before it finally got passed.
Continued: "In one instance, a court ruled that this factor weighed against a defendant who had made unauthorized movie trailers for video retailers, since his trailers acted as direct substitutes for the copyright owner's official trailers." I hate this charater limit on comments.
I just read the Wikipedia article on Fair Looking at the Joseph Story in Folsom v. Marsh, 9 F.Cas. 342 (1841) decision, on which Fair Use in the US is based, you can indeed argue that you long gameplay videos "supersede the use of the original work" in the sense after seeing it people won't want to buy the game anymore. In the section "Effect upon a work's value" the article states: (To be continued)
True, but game videos can actually be good for the companies. I myself have gone to youtube a number of times to see footage of a game I was interested in, and these videos were sometimes from regular users instead of the companies.
@MrMobilePerformance i have had many people go buy video games and such after seeing mine..like one person never even heard of final fantasy 7 before and went and bought the whole final fantasy series *1-12 at least i know of and advent children* so if ANYONE claims it ruins a works value..then they need to stop making their videos and move onto somthing else..either that or their math sucks
THANK YOU! Thank you for putting up the outlines of what is copyright infringement and what is not. For some unknown and retarded reason, most companies nowadays are scanning youtube for their material and making asinine claims over them. What they cannot see (because they are fucking stupid, no joke) is that most to nearly all of these videos are non-profit, and actually good for the marketing of the media itself, on top of it being legal. I'm thinking that companies are desperate for cash.
Fight for your rights to upload your favourite videos, Ive also made a video about copy right Bs and technically every video not made in someones house (footage wise) has some copy right in it so 90% of all videos would be deleted due to copy right but youtube is just being retarded because they are deleting random videos over "copyright infrigements" but all of the videos taken down from youtube are defined by the "Fair Use Act" and no punishment should be taken, Our movies, Our work is one.
I love to argu, and i understand that some of the things in this counrty are corrupt, but i love the United States. Anyways, I love your example of "the crack dealer and the diner" lololol, i lol'd, cant you tell? (Check out my channel to see the new LP songs and other fun stuff!) this video deserves 12.5/10 =D
The thing also is that DSP puts gameplay videos as soon as the game comes out which is a risk... unless you post videos if the game is like a couple of months old... which sucks and kills DSp's type of video genre but it's a risk he is willing to take and I respect him for that shit... YouTube just take a ton of shit up the ass and enjoys it and says nothing to stick up for dedicated users.
im just saying, u need the video game companies to pay you, you are the one gamer that would make a game company profit from your reviews because sometimes u arent good and sometimes people wana do something their way so they'll buy the game in return the game company would get profit which would profit you too :D
on top of that, what companies need to realize is that watching video footage of a game is different from actually playing the game. when someone posts up a copyrighted movie online for example, once a user watches it, they have witnessed all of it that there is. but games are different. just because you watched some footage does not mean you played the game, and thus most people will still go out and buy said game. if anything it's closer to free promotion. maybe the law should change 4 games?
This is just shit to be honset. This just happend to my channel. Now I got two strikes.. What is this.. they should just remove this 3-strike shit and just block the videos if they are "Copyright infringement" not suspend the whole channel! So much work I have put on it......
im sorry i know this is probably resolved now but why is it one rule for one and a different one for another, ive seen plenty of walkthrough's and one in particular that ive seen many of is borderlands, one utube user i know has 40 odd parts of playthrough's for that game, so why is it ok for him to do it (baring in mind he makes videos for machinima too which is making profit) i dont get it, all DSP does is give honest opinions and reviews for no profit purely for the enjoyment, its fucked up
I think Ubisoft and YouTube forgot about this simple rule and THIS rule is what DSP is talking about:
"Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use."
There used to be a show on TV called something like Master Tape Theater 2000. I can't remember the exact name of the show. They used to have puppets sitting in a movie theater watching movies and commentating on the movie. Usually they were cracking jokes about the movie at hand and sharing their experience of watching the movie. Isn't this close to what Phil is doing? I would say it is except Phil isn't selling advertisements. Did they need permission from the film owners to make these shows?
It's not just you, Phil. I know so many people who got their accounts suspended. I think Youtube is forgetting that this site is called YOUtube, the "you" is in there for a reason: it's about YOU. But it no longer is, it's all about the corporations and copyright infringment. This place sucks now.
"live commentary, review and little comedy" live commentary yes. Comedy some what. all you do is curse through most of your videos and you call that reviewing? your no different then if i were to put a camera in any gamers room as they play and record them. I would get the exact same result. A darksydephil video. the only difference between you and every other gamer is that you actually record yourself and post it online.
"Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use."
You have got me thinking of Just Cuase 2 why it only has a small amount of minutes to upload it. I wonder if its what hes saying about the time you can show people whithout corrupting copyright fraud.
is youtube legally obligated to restore phils original channel? Because if they arnt, and they feel that he is someone that will essentially cause them more trouble then good, i don;t think theres really anything he can do. You tube is a privilege, not a right.
hey phil do you ever look back at the past before you became an all time youtube legend to the days of whene you were " just fucking around" and wonder how you became so famous? and i know you made a video of whene you mention that. AND I know about your back problem
So Ubisoft has made an official statement saying that they never filed a copyright claim against DSP over the SCC videos. They also stated that the person filed the claim was a third party user(the-fucker) who is not affiliated to Ubisoft in anyway. So who is this user and why did YOUTUBE say that this was a claim made by ubisoft in the first place (according to phil's comment)
I think you hit the nail on the head here.. And revealed a HUGE problem with the way the law is right now... BOTH sides of the argument are right. You are violating copyright law under one section, but are well within your rights with fair use. It's conflicting, and the only way it'll ever be resolved would be for somebody to actually take a case to the Supreme Court for a ruling.
@phoLegit i think because machinima is a company and has significant relationships with game developers that probably give machinima permission to make videos with their copyright material... that's just a guess though.
Politics suck. All the best of luck Phil. You have my support. If only I could march down to Ubisoft HQ and kick those guys' butts for all this inconvinience. I like their games but I hope they're losing money because of this. Keep it up Phil, the light at the end of the tunnel is very near.
Wow fucking governemnt retards. Non profit in no way infringes on copyright issues. DSP try to appeal to the supreme court because you have a ton of potetnial with youtube behind you.
DPS's playthroughs doesnt stop ppl from buying games. What does stop ppl from buying games is shit like this.
Be sure that many of the people using pirated software is doing so because they are mad at the companies and their bullshit policies. I use cracks 4 games that I own bcause I hate having 2 swap discs.
Ubisoft will certainly pay for taking down the channel of such beloved gamer and person. And Phil, I hope 2 see u back in business soon, but not before suing both Bioware n Youtube. Peace
@rlazera it kinda does...if u think of it if someone see darksydephil cussing a game out...such as ODST can influence someone that the game is shitty and u shouldnt buy the game cuz it shitty...i felt that way for ODST and Splinter cell which did suck lol... :(
@rlazera thats true but DSP is a well known youtuber and can influence people just by actions...just like any famous person but it is also the developers fault lol
@legendkilla023 ehheheh but imagine if it was like "shut up! you are too popular to state your opinion. if you want to talk stay neutral!" this happens to press because they are not supposed to influence public opinion. but note how even the press speaks openly about products and companies. the market and the state are *still* different things... still...
DarkSydePhil's analogy with the crack dealer and the diner is bad. Usually a crack dealer with the diner would be laundering his money through his diner.
Sarcasm: If your wondering what my credentials are, don't worry. I've seen all five seasons of The Wire.
It's BS that his channel got shut down, because of a copyright issue. If that's the case than any video that is copyrighted from a company or studio that's on youtube that doesn't come from that company would also get the same shaft, and it's not just with games, its TV shows, music, etc. Personally, if the person bought the copyrighted material from the company, and is using it for entertainment or recreational purposes, then it should be allowed. I mean he paid them to buy their product.
If it was really illegal to post commentary gaming videos on youtube and make money off of it, Why is machinima Such a huge channel and why hasen't it been shut down? Not that I want it to. Its bullshit!
basically you are putting up a movie on YouTube... would a movie with commentary be allowed on Youtube? Phil, i respect you and i like your channel, but it doesn't look too good for you
Very well done, good research, and you are in fact right.
As a side note, the amount of videos on YouTube is massive and constantly growing and YouTube constantly has problems with copywrite, and if YouTube allows it they are in turn liable for infringement. So to prevent never ending legal battles, they will suspend an accounts flagged for copywritten content as a first response. To really deal with the issue you have to talk to the copywrite holders. In this case, Activision/Infinity Ward...
this is my take on it: This is BULLSHIT! Give him his account back, i've bought several games watching his videos. So really game companies should thank him, a lot of people buy games from his playthroughs etc. (and he doesn't make profits of it, it just makes this thing more bull shit.)
Games are games, you buy them to PLAY them, watching a playthrough should in no way be compared to watching someone upload a movie and chuck in a couple of comments, its completely different, the reason you buy a game is to experience playing it. Respect DSP even if your channel does not return at least this issue is being dragged under the spotlight for some
ubisoft are idiots because darksydphil is very popular and hes not asking for money to watch his video but because he is so popular wouldn't that mean that ubisoft would become more popular and get more sales on new games if they let phil put videos up dont get me wrong im a huge fan of phil
dude, fuck yeah... Phil I hope you go to court and whoop their retarded asses. stupid copyright infringement when you JUST read it right there that you do all four of those things. Phil wins case, give him a hot chick, some svedka, and a cookie. Also a couple grand from Ubisoft and Youtube.
i think a compromise could be done , example: GTASeriesVideos channel have permission from RockStar to show walkthroughs but they have to cut out the story parts so there is no spoiler.........
i'm just saying :D, anyway hope you get your channel back
DSP i agree with your statements totally..and if they take you to court you should fight it cause your play through videos are best and that is why people are sub to you..if you were showing too much people would of would probably don't want to watch it or not sub, but in this case their are more people that actually enjoys watching your playthroughs
WoW keep lying to these stupid people reading, You other channel does only have subscribers because of your play through channel. And the law is clear you broke it.
You cant show 90% of a product and expect it to not get deleted. What you are doing is the same as people who upload movies. If you said it was a live review then couldn't I upload avatar and throw a couple comments in there. You shouldn't be able to show a clip of you playing it but the game companies do not care and allow it, but when you show most of the content then they have a problem.
Cool video THEKINGOFHATEHD!
Well said.
SpartanFiref0x 4 days ago
I've noticed the law abuse a lot now. Laws are not prioritized and, what's even worse, they're not connected with each other - "Swish cheese" syndrome. Some laws even seem to be above Constitutional law, which is actually absolutely illegal.
So, the one, who has the most money, wins. If you have a good lawyer you can make either one of the laws work for you. Those laws mentioned here, don't "cancel" each other out, so you lose to whoever has the biggest wallet.
The law is made by criminals.
M1scV1d 2 weeks ago
Looks like he was going for the "Howard" look - wearing a bluetooth headset at all times.
razarsenal180 1 month ago
The copyright law he quoted for fair use, commentary, satire, educational or parody is correct.
However the law does not state you can show or display the copyrighted work. Yes, you can comment on it and you can criticize the work, you can parody the work, but it doesn't say you can rebroadcast, re-transmit, or display the copyrighted work.
example the video could show his face as he is commenting and playing the game, therefore he is using the game to make comments and criticism - fair use -
Sammamishwa 2 months ago
I like to refer to this guy as "a business hardcore"; he has the degree in business and talks no BS. One day I'm going to study his videos to define "an engaging infomercial."
fingrid 2 months ago
Hate to break it to all of your video game fans but the Theostation is down.
SgtThom 2 months ago
I,have only 1 yr to go for law school and wut he said is true
moneshmahtani 5 months ago
Just watch the documentary movie "zeitgeist moving forward" here on youtube, you'll see much better way for many points in people life, and spread the word because things are going to change.
stamstuff 9 months ago
This has me wondering aswell. I've recently completed a Let's Play (game playthrough) for Wanted: Weapons of Fate, and one of those videos was matched as third-party content, even though it was solely my own recorded gameplay. Only one of those videos was matched, but I disputed it and haven't heard or had any problems with it since. All 3 of my Assassin's Creed II playthrough videos have matched content so far, and I've disputed all of them and defended myself. Am I in trouble now, too?
BBFalconShot 10 months ago
If you were wrong, which your not. Soon you'd see the DCMA lawyers in your house suing you because your friend come over to say hi and accidentially caught you playing a video game.
ioutrankyou 11 months ago
@THEKINGOFHATEHD
(cont) Can you shed some light on how true this warning from machinima is and also is there anyway to know how much of a playthrough that can be shown?
I am new to posting on youtube with a very small channel and I want to do my own game reviews, playthroughs, multiplayer commentaries and such without having to go through a lot of hassle.
flipitjtr 11 months ago
@THEKINGOFHATEHD
Very informative video.
I have a question regarding a recent incident over playthroughs on games published by activision, ea, and 2k games. A couple of people I subscribe to recently pulled some of their playthroughs down because they were contacted by Machinima with a warning about those 3 companies stating that people can't show cut scenes or the ending of a campaign part of a game that they publish.
(cont)
flipitjtr 11 months ago
This has been flagged as spam show
Music piracy and illegal downloading is anti-semitic. People are downloading music to hurt the Jewish media bosses and take away their profits. If you download music illegally, you are a Nazi criminal!
hectorsalina 11 months ago
Plz help mine says music copyright... I made a video and put a song into it and now its being gay
mikeurgreg 1 year ago
Maybe you can help me out on this. I wrote my own lyrics in place of famous songs done by well known artists as spoofs using karaoke music which I acquired from YOU TUBE. If you check out some of the songs I sang my lyrics too, you can tell me what you think. But remember, this can also apply to those who used the karaoke music. I believe it would be more important if those placing the karaoke music on YOU TUBE acquired permission from the artists.
Jjonathanhart 1 year ago
One of my videos has been flagged & banned in Germany - even though I OWN THE COPYRIGHT!
Some friends of mine wrote & recorded a song (30 years ago!). Obviously they own the copyright - we can easily prove this - and I can provide written permission for me to use the song, but Sony have launched a copyright claim, even though Sony have fuck all to do with it....
The law is clearly on my side - but youtube can not be contacted, ignore the counter claim and basically don't give a fuck...
SAHBfan 1 year ago
@SAHBfan COuld be because it contains content Germany doesnt allow, not about copyright
ViperStarFilms 1 year ago
What do u mean when u say, "Giving away to much??" lol
goku4ssvegeta 1 year ago
Using copyrighted material without permission is theft whether you like it or not and even if you make money from it or not. I write a song and you use it without permission then I will sue with no hesitation. If you steal other people's music to get views on your video then your video is no good anyway. Lots of royalty free music out here for your videos. Google search for it! Copyright infringement can cost heavily in damages!
ShoppingBargains 1 year ago
@ShoppingBargains
"Fair use, a limitation and exception to the exclusive right granted by copyright law to the author of a creative work, is a doctrine in United States copyright law that allows limited use of copyrighted material WITHOUT acquiring permission from the rights holders."
Non-profit and personal use tip the balance in favor of Fair Use.
JMDub89 1 year ago
@JMDub89 Yes, 'LIMITED' use but you know as well as I do that is not the case when people are playing other people's music to get hits on their channels to get advertising revenue! That's not 'FAIR' or 'LIMITED' use!
ShoppingBargains 1 year ago
@ShoppingBargains
I agree; if you are making money off it, its not Fair Use, and is illegal if you don't have permission from the original creator.
JMDub89 1 year ago
Youtube and these psychopathic companies are probably TRYING to f*** us up and enjoy our suffering...
And they can expect a well-polished AWP up their &*^ in the morning... Safe off, barrel loaded, fully operational.
iucniael 1 year ago
If your corporate this doesn't apply to you.
nextgenvids 1 year ago
It'll take something drastic like that to get them to listen and stop raping us and ripping us off.
KeibearsProperty 1 year ago
The MPAA and RIAA are bold and have fucked up stupid lawsuits and their facts are not facts at all but random shit they pull out of their ass. But even with their boldness and the amount of money they have, they are not so bold as to actually try to say every citizen in the U.S. is a pirate and thief and no judge would even buy that even if they gave ALL their money bankrupting their industries to "buy" such a ruling.
KeibearsProperty 1 year ago
They'd have lost so much money you'd see them run to Congress and telling them to get rid of the DMCA or at least revise it all the way back to what it was when it first came out. Basically they wouldn't act like they own the world and your souls and stop treating the customers and consumer as criminals when it's because of US those fuckers even have a job or have any money to begin with. And they'd stop ripping you off.
KeibearsProperty 1 year ago
If people in America want the DMCA gone, first, do NOT do the stupid thing of piracy, that'll only feed their resolve. If everyone or a vast majority, canceled Netflix, stopped COMPLETELY buying ANYTHING on iTunes, stopped going to the theaters and no one bought a single CD, DVD or Blu-ray for even one, but 2-3 months, if you can hold out that long.
KeibearsProperty 1 year ago
A little birdie told me that some of the higher up Google executives work in the White House or have some standing there. It's no wonder they bend so easily to the governments laws and bow to big media industry.
Sadly "our" Congress is half, majority, regardless, enough are bought for and paid by the media industry, mostly MPAA and RIAA to bend to their whim. That's why the DMCA got passed in the first place. They have been trying for over a decade before it finally got passed.
KeibearsProperty 1 year ago
Continued: "In one instance, a court ruled that this factor weighed against a defendant who had made unauthorized movie trailers for video retailers, since his trailers acted as direct substitutes for the copyright owner's official trailers." I hate this charater limit on comments.
MrMobilePerformance 1 year ago
I just read the Wikipedia article on Fair Looking at the Joseph Story in Folsom v. Marsh, 9 F.Cas. 342 (1841) decision, on which Fair Use in the US is based, you can indeed argue that you long gameplay videos "supersede the use of the original work" in the sense after seeing it people won't want to buy the game anymore. In the section "Effect upon a work's value" the article states: (To be continued)
MrMobilePerformance 1 year ago
@MrMobilePerformance
True, but game videos can actually be good for the companies. I myself have gone to youtube a number of times to see footage of a game I was interested in, and these videos were sometimes from regular users instead of the companies.
JMDub89 1 year ago
@MrMobilePerformance i have had many people go buy video games and such after seeing mine..like one person never even heard of final fantasy 7 before and went and bought the whole final fantasy series *1-12 at least i know of and advent children* so if ANYONE claims it ruins a works value..then they need to stop making their videos and move onto somthing else..either that or their math sucks
LovenVincent 5 months ago
THANK YOU! Thank you for putting up the outlines of what is copyright infringement and what is not. For some unknown and retarded reason, most companies nowadays are scanning youtube for their material and making asinine claims over them. What they cannot see (because they are fucking stupid, no joke) is that most to nearly all of these videos are non-profit, and actually good for the marketing of the media itself, on top of it being legal. I'm thinking that companies are desperate for cash.
MorfsPrower 1 year ago
Intresting video, I try make video game reviews without clips from the games.
EgonEagle 1 year ago
fair use?
maxcool123456789 1 year ago
I would kill myself if all of Phil's channels were shut down forever...
TheRpsv 1 year ago
This has been flagged as spam show
This comment has been removed due to copyright claim
DJTONELESSBEATS 1 year ago
OH GOD! Phil's hair is ultra short xD I like it longer (No Homo)
OnlyRemaining 1 year ago
copyright is going to far....I recall a website I was at almost being shutdown for it..
PX2k2 1 year ago
Fight for your rights to upload your favourite videos, Ive also made a video about copy right Bs and technically every video not made in someones house (footage wise) has some copy right in it so 90% of all videos would be deleted due to copy right but youtube is just being retarded because they are deleting random videos over "copyright infrigements" but all of the videos taken down from youtube are defined by the "Fair Use Act" and no punishment should be taken, Our movies, Our work is one.
MyThIcPwn 1 year ago
Well put and eloquent arguments sir, good luck to you
rammsteinregeln 1 year ago
They shall bow to the king!
TheCTFProductions 1 year ago
6:30-6:42 DSP just described every Speakeasy in the United States in the 1920s. Just substitute crack cocaine for alcohol lol
bigjew899 1 year ago
I love to argu, and i understand that some of the things in this counrty are corrupt, but i love the United States. Anyways, I love your example of "the crack dealer and the diner" lololol, i lol'd, cant you tell? (Check out my channel to see the new LP songs and other fun stuff!) this video deserves 12.5/10 =D
LSUxProductions 1 year ago
Just gotta play by the copyright rules!
Chicago10281 1 year ago
i got copyright from germany my video my house i said wat the games called
mikecross10 1 year ago
If it wasn't for Phil I probably wouldn't have purchased Left4Dead. These companies need to wise up and quit busting Phils chops.
b3rtne 1 year ago
DSPs videos actually help me figure out which games to buy.
Chocobopoop 1 year ago
BOW TO THE KING!!!
TheNightmareNeko 1 year ago
The thing also is that DSP puts gameplay videos as soon as the game comes out which is a risk... unless you post videos if the game is like a couple of months old... which sucks and kills DSp's type of video genre but it's a risk he is willing to take and I respect him for that shit... YouTube just take a ton of shit up the ass and enjoys it and says nothing to stick up for dedicated users.
darksydesam 1 year ago
PHIL FOR PRESIDENT!!! he knows the law better than all of the US government branches combined
2bl3ss 1 year ago
did you copywrite this video...if not can i copy it...lol???
djxxlaker 1 year ago
moral of the story this world fucking sucks unless offcourse your rich of famouse
taltigolt 1 year ago
Phil vs False Copyright Threats= OBJECTION!!!
Phil hits False Copyright Threats for 45,323,764,374,358 Damage
Phil wins and earns 25 Exp
Crazylatinokid7 1 year ago
Phil u should become a lawyer!!!!!!!
deathkid113 1 year ago
that a bluetooth in ur ear phil lol?
wyomging1234 1 year ago
im just saying, u need the video game companies to pay you, you are the one gamer that would make a game company profit from your reviews because sometimes u arent good and sometimes people wana do something their way so they'll buy the game in return the game company would get profit which would profit you too :D
523TRITO 1 year ago
This has been flagged as spam show
Phil, take your two cents and shove it pal.
ShallowThoughts1 1 year ago
@ShallowThoughts1 Hey, I fucking kill you cocksucker, I shove my fist up you're mom cocksucker!!!!
MegaShanked 1 year ago
@MegaShanked Lol, it was a joke you moron.
ShallowThoughts1 1 year ago
Man, Phil REALLY did his fucking homework.
MrUberDeDuber 1 year ago 29
on top of that, what companies need to realize is that watching video footage of a game is different from actually playing the game. when someone posts up a copyrighted movie online for example, once a user watches it, they have witnessed all of it that there is. but games are different. just because you watched some footage does not mean you played the game, and thus most people will still go out and buy said game. if anything it's closer to free promotion. maybe the law should change 4 games?
xLostFirecatx 1 year ago
go darksydephil
45bighit 1 year ago
This is just shit to be honset. This just happend to my channel. Now I got two strikes.. What is this.. they should just remove this 3-strike shit and just block the videos if they are "Copyright infringement" not suspend the whole channel! So much work I have put on it......
FootballDataBase 1 year ago
@FootballDataBase Maybe because your vids are of sports. Phil's are of video games.
coldfyre18 1 year ago
LOOKS LIK UR WARING A tRIPLE H SHIRT To lazy to re write sry 4 caps
IWillNotDie46 1 year ago
@IWillNotDie46 no its not a triple h shirt the t shirt refers to himself as the king of hate
ThoseRandomAsians 1 year ago
@ThoseRandomAsians i know it just has the same words of usage dont kno how to put tht
IWillNotDie46 1 year ago
machinma does dat shit all da time lol
xxxxxxxxxxxx55 1 year ago 13
This has been flagged as spam show
Check out my channel. You'll get a laugh out of it. lol
ByakuyaSama05 1 year ago
im sorry i know this is probably resolved now but why is it one rule for one and a different one for another, ive seen plenty of walkthrough's and one in particular that ive seen many of is borderlands, one utube user i know has 40 odd parts of playthrough's for that game, so why is it ok for him to do it (baring in mind he makes videos for machinima too which is making profit) i dont get it, all DSP does is give honest opinions and reviews for no profit purely for the enjoyment, its fucked up
R1CKY1984 1 year ago
if everything is illigal can i keep that super streeet fighter iv
bUshYbr0w425 1 year ago
i cant show you where its illegal
but i can show you my dick
will that help?
ShellsandSharks 1 year ago
i always was told it was 30 secs of video for fair use...but that was from my friend who works for a web hosting company.
sjj500 1 year ago
Thanks, i needed this to help me from a copyright claim.
PWXGaming 1 year ago
@PsWiiSixtyGamer didnt u hear his commentary protects him thourgh the fair use law
maccajoe 1 year ago
You sound like an intelligent man and are worthy for my sub
hchris96 1 year ago
i dont think i could ever win a fight with you
360SIC 1 year ago
I think Ubisoft and YouTube forgot about this simple rule and THIS rule is what DSP is talking about:
"Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use."
SuperMario9080 1 year ago
There used to be a show on TV called something like Master Tape Theater 2000. I can't remember the exact name of the show. They used to have puppets sitting in a movie theater watching movies and commentating on the movie. Usually they were cracking jokes about the movie at hand and sharing their experience of watching the movie. Isn't this close to what Phil is doing? I would say it is except Phil isn't selling advertisements. Did they need permission from the film owners to make these shows?
SuperDonster 1 year ago
Theres probably a court ruling that is used to define what is fair use and what is not.
ottard 1 year ago
I am reporting this video for copyright !
Regards Merlin ..
MrTom235863 1 year ago
So YouTube sucks because it:
1) Does not allow people to illegally redistribute copyrighted music
and because
2) YouTube is trying to not be a huge money sink for Google (you do realize that Google runs YouTube at a loss, right?)
Umm... I don't think YouTube sucks for those reasons. I think if it sucks, it's because 90% of all the videos on there are garbage. (e.g. you)
randomfatblob 1 year ago
phil is the choson one he will save you tube
jasohavents 1 year ago
get a lawyer, fight back and change the law.
skiie 1 year ago
BOW TO THE KING
gameoflordfuckerhalo 1 year ago
I'm a DarksydePhil fan, and I was mad when they removed his account, but didn't anyone notice the follow sentence
"Unauthorized public performance is strictly forbidden"
on the back of every video game?
hoboX10 1 year ago
i think Ub/shitsoft has something against Phil :(
larskrot 1 year ago
that "bow to the king" shirt looks awesome
kidy3k 1 year ago
It's not just you, Phil. I know so many people who got their accounts suspended. I think Youtube is forgetting that this site is called YOUtube, the "you" is in there for a reason: it's about YOU. But it no longer is, it's all about the corporations and copyright infringment. This place sucks now.
Kingofeurope 1 year ago 2
aww i liked your stubble
bitch12433 1 year ago
"live commentary, review and little comedy" live commentary yes. Comedy some what. all you do is curse through most of your videos and you call that reviewing? your no different then if i were to put a camera in any gamers room as they play and record them. I would get the exact same result. A darksydephil video. the only difference between you and every other gamer is that you actually record yourself and post it online.
GOTPnews 1 year ago
"Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use."
2OneRed 1 year ago
Youtube just got owned.
blastershot 1 year ago
You have got me thinking of Just Cuase 2 why it only has a small amount of minutes to upload it. I wonder if its what hes saying about the time you can show people whithout corrupting copyright fraud.
natsamsonPS3 1 year ago
how can YOUR videos be over 10 minutes
androidXxCxX 1 year ago
@androidXxCxX Because he's partner.
74ryanwolf 1 year ago
@74ryanwolf partner with what?
androidXxCxX 1 year ago
@androidXxCxX Partner with YouTube
74ryanwolf 1 year ago
@74ryanwolf oh ok now i get it. thx
androidXxCxX 1 year ago
is youtube legally obligated to restore phils original channel? Because if they arnt, and they feel that he is someone that will essentially cause them more trouble then good, i don;t think theres really anything he can do. You tube is a privilege, not a right.
Huliojohnson 1 year ago
phill your a smart man!
edike 1 year ago
some one that is DSP's fan must be a lawyer.....help him!!! DSP is gonna change the law :D
cthatshit 1 year ago
phil ur awsome man
TheBruiser10 1 year ago
hey phil do you ever look back at the past before you became an all time youtube legend to the days of whene you were " just fucking around" and wonder how you became so famous? and i know you made a video of whene you mention that. AND I know about your back problem
damanwithdaplan92543 1 year ago
Man Phil, you would be a great politician if you ever wanted and/or tried :)
Demoness08 1 year ago
Since MahaloVideoGames have got theirs back and Ubisoft has nothing to do with this.
Now I am 100% certain that Phil's going to get his DarkSydePhil account back in the next few days!!!
stormhart28 1 year ago 5
This has been flagged as spam show
So Ubisoft has made an official statement saying that they never filed a copyright claim against DSP over the SCC videos. They also stated that the person filed the claim was a third party user(the-fucker) who is not affiliated to Ubisoft in anyway. So who is this user and why did YOUTUBE say that this was a claim made by ubisoft in the first place (according to phil's comment)
stormhart28 1 year ago
I think you hit the nail on the head here.. And revealed a HUGE problem with the way the law is right now... BOTH sides of the argument are right. You are violating copyright law under one section, but are well within your rights with fair use. It's conflicting, and the only way it'll ever be resolved would be for somebody to actually take a case to the Supreme Court for a ruling.
UrielDagda 1 year ago
dat shirt
STRING3R 1 year ago
good for you for making a stand.
companies need to stop bitching because if anything you're helping them promote
good luck!
Jaaylin 1 year ago 3
wait if dsp can't post gameplay w/commentary
then HOW THE HELL DOES MACHINIMA DO IT?!
phoLegit 1 year ago 70
@phoLegit i think because machinima is a company and has significant relationships with game developers that probably give machinima permission to make videos with their copyright material... that's just a guess though.
hundredsac 1 year ago
@phoLegit They are a company they have lawyers
TheFlashingEagle 1 year ago
@phoLegit Machinma actually have permission from the gaming companies to let them post gameplay videos
MrDAVEness 1 year ago
@phoLegit they are a yt partner and yt partner get to upload copyright stuff which is bullshit
CHAOTICMASTER33 1 year ago
@phoLegit machinima is a big company that actually asks permission
shadowskater12 1 year ago
@phoLegit its probably because youtube profits from all of machinimas advertisments, and featured videos. ^^
LSUxProductions 1 year ago
@phoLegit partnership....
maxcool123456789 1 year ago
Fuck ubisoft and rockstar
N8SoFly 1 year ago 2
youtube makes money from advertising, thats why your account got deleted.
DirtyPlastic 1 year ago
DSP, splinter cell conviction was made by Ubisoft MONTREAL!
i am not sure if there is a difference between american copyright infringement laws and canadian laws but that is probly y u got suspended
GuitarHero3Playa619 1 year ago
When should i start bowing?
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LALALALALALLLLAA 1 year ago
Politics suck. All the best of luck Phil. You have my support. If only I could march down to Ubisoft HQ and kick those guys' butts for all this inconvinience. I like their games but I hope they're losing money because of this. Keep it up Phil, the light at the end of the tunnel is very near.
simpleplan32230 1 year ago
Triple H shirt
hoodedkillaray 1 year ago
bow to the king nice shirt lol
powbird 1 year ago
Wow fucking governemnt retards. Non profit in no way infringes on copyright issues. DSP try to appeal to the supreme court because you have a ton of potetnial with youtube behind you.
nacholad 1 year ago
this whole thing is complete bullshit. keep fightin dude.
AnE000002 1 year ago 3
DPS's playthroughs doesnt stop ppl from buying games. What does stop ppl from buying games is shit like this.
Be sure that many of the people using pirated software is doing so because they are mad at the companies and their bullshit policies. I use cracks 4 games that I own bcause I hate having 2 swap discs.
Ubisoft will certainly pay for taking down the channel of such beloved gamer and person. And Phil, I hope 2 see u back in business soon, but not before suing both Bioware n Youtube. Peace
rlazera 1 year ago 14
@rlazera it kinda does...if u think of it if someone see darksydephil cussing a game out...such as ODST can influence someone that the game is shitty and u shouldnt buy the game cuz it shitty...i felt that way for ODST and Splinter cell which did suck lol... :(
legendkilla023 1 year ago
@legendkilla023 then it is a public service. you can't blame phil for disliking the game, the blame is on the developers.
rlazera 1 year ago
@rlazera thats true but DSP is a well known youtuber and can influence people just by actions...just like any famous person but it is also the developers fault lol
legendkilla023 1 year ago
@legendkilla023 ehheheh but imagine if it was like "shut up! you are too popular to state your opinion. if you want to talk stay neutral!" this happens to press because they are not supposed to influence public opinion. but note how even the press speaks openly about products and companies. the market and the state are *still* different things... still...
rlazera 1 year ago
@rlazera oooo u have a good point their lol
legendkilla023 1 year ago
@rlazera
Wasnt Ubisoft :P
nintendojesse 1 year ago
DarkSydePhil's analogy with the crack dealer and the diner is bad. Usually a crack dealer with the diner would be laundering his money through his diner.
Sarcasm: If your wondering what my credentials are, don't worry. I've seen all five seasons of The Wire.
xmywreckingballx 1 year ago
Phill you are and will be the best!!! we will get tht chanel back!
Senapy 1 year ago
this is not cool bring back Darksydephil
ennaw24 1 year ago
It's BS that his channel got shut down, because of a copyright issue. If that's the case than any video that is copyrighted from a company or studio that's on youtube that doesn't come from that company would also get the same shaft, and it's not just with games, its TV shows, music, etc. Personally, if the person bought the copyrighted material from the company, and is using it for entertainment or recreational purposes, then it should be allowed. I mean he paid them to buy their product.
PsychMan 1 year ago
If it was really illegal to post commentary gaming videos on youtube and make money off of it, Why is machinima Such a huge channel and why hasen't it been shut down? Not that I want it to. Its bullshit!
LoudNLow931 1 year ago
What sucks is that this happened over you playing a trashy game.
ChronoMune 1 year ago
@ajtnna1970 skorch is alive you dumbass
stormshadow227 1 year ago
This was your best update phil, it was very informative and for once you didn't cough or anything lol!
ClankClaw 1 year ago
basically you are putting up a movie on YouTube... would a movie with commentary be allowed on Youtube? Phil, i respect you and i like your channel, but it doesn't look too good for you
TheFenerli10 1 year ago
@TheFenerli10 nope
Toastynater 1 year ago
@TheFenerli10 I don't think so. Putting a live New movie with commentary out first day would scream a very differernt illegal approach... Bootleg.
Besides live commentary on a movie first lookthrough would be widely unsucessful and would sound terrible. My opinion of course.
CompleteWow 1 year ago
Get 'em Phil!
Fighting31406 1 year ago
yo i wasnt here for like a while wtf fucking ubisoft this is bullshit wtf did he do
ohboyhey2k4 1 year ago
Go to the ubisoft forums. General discussion. There is a Free DSP thread!
Asugiru 1 year ago
take the case to Judge Judy!
iViewer22 1 year ago
Very well done, good research, and you are in fact right.
As a side note, the amount of videos on YouTube is massive and constantly growing and YouTube constantly has problems with copywrite, and if YouTube allows it they are in turn liable for infringement. So to prevent never ending legal battles, they will suspend an accounts flagged for copywritten content as a first response. To really deal with the issue you have to talk to the copywrite holders. In this case, Activision/Infinity Ward...
eyesphere 1 year ago
this is my take on it: This is BULLSHIT! Give him his account back, i've bought several games watching his videos. So really game companies should thank him, a lot of people buy games from his playthroughs etc. (and he doesn't make profits of it, it just makes this thing more bull shit.)
darrendc 1 year ago
This great video has been brought to you by: Selsun Blue!
ace62399 1 year ago
phil...you are going to make history
iputered 1 year ago 96
@iputered he already did...
jamesiscookie 1 year ago
Games are games, you buy them to PLAY them, watching a playthrough should in no way be compared to watching someone upload a movie and chuck in a couple of comments, its completely different, the reason you buy a game is to experience playing it. Respect DSP even if your channel does not return at least this issue is being dragged under the spotlight for some
AwesomeDavies86 1 year ago
ubisoft are idiots because darksydphil is very popular and hes not asking for money to watch his video but because he is so popular wouldn't that mean that ubisoft would become more popular and get more sales on new games if they let phil put videos up dont get me wrong im a huge fan of phil
triweeklyHALO 1 year ago
DAM!!! Way To Go Phil!!!
grievousrocks 1 year ago
Nice shirt.
514sam007 1 year ago 40
dude, fuck yeah... Phil I hope you go to court and whoop their retarded asses. stupid copyright infringement when you JUST read it right there that you do all four of those things. Phil wins case, give him a hot chick, some svedka, and a cookie. Also a couple grand from Ubisoft and Youtube.
FamousFoNothinX 1 year ago
i think a compromise could be done , example: GTASeriesVideos channel have permission from RockStar to show walkthroughs but they have to cut out the story parts so there is no spoiler.........
i'm just saying :D, anyway hope you get your channel back
BlackFangOO7 1 year ago
COPYRIGHT INFRINGEMENT!!!!!!!!!!!!! He mentioned ubisoft lol jk i agree with u on this one
Renegado140 1 year ago
DSP i agree with your statements totally..and if they take you to court you should fight it cause your play through videos are best and that is why people are sub to you..if you were showing too much people would of would probably don't want to watch it or not sub, but in this case their are more people that actually enjoys watching your playthroughs
shortysd3ad 1 year ago
i like how you talked in third person right around 3:30 to 4:00
cArlthEsUpErlAmmA 1 year ago
@cArlthEsUpErlAmmA no he was reading what the guy wrote
1DaBeStEvEr1 1 year ago
WoW keep lying to these stupid people reading, You other channel does only have subscribers because of your play through channel. And the law is clear you broke it.
dannyboone420 1 year ago
You cant show 90% of a product and expect it to not get deleted. What you are doing is the same as people who upload movies. If you said it was a live review then couldn't I upload avatar and throw a couple comments in there. You shouldn't be able to show a clip of you playing it but the game companies do not care and allow it, but when you show most of the content then they have a problem.
dannyboone420 1 year ago
They can do whatever the fuck they want. They own the IP. You are essentially making money from this via donations etc.
Xereo 1 year ago