 So I told myself I was going to avoid this topic I've seen so much of YouTube and the internet talking about it, but It is something that potentially could affect us here at Nintendo Prime down the line So we're going to just briefly go over it PewDiePie you guys Probably all know who he is. He's the most popular youtuber on YouTube by a pretty wide margin His videos on several indie games have helped indie games blow up. He's crazy He's really popular with younger people, but I've even enjoyed some of his content over the years even enjoyed some of it just this year and I even was kind of sort of on his side when the Wall Street Journal was coming after him Because I felt like they took everything out of context that doesn't mean that he's perfect and this week he did something that is hard to forgive and He used the n-word During a live stream. I'm not even gonna show the video clip or anything. It's out there if you want to look at PewDiePie says the n-word you're gonna find clips of it both edited and unedited and That's pretty crappy of PewDiePie to do that it definitely and the way that he did it kind of suggests that it's just part of his regular vocabulary and He doesn't either understand or care about the context that word Hurts people but It's not so much about the usage of that word the One of the main people behind Firewatch put up some tweets about how he is issuing a DMCA takedown of all of PewDiePie's Firewatch videos, which are about 18 months old now and That's what we're gonna talk about today is a developer coming after a youtuber to DMCA takedown videos that feature their game just because They are trying to be PC basically They're trying to be a social justice warrior, which I totally respect the stance of what being against what PewDiePie did But here's a problem and this was brought up by the youtuber lawful masses with Leonard French He's a he's a real-life lawyer and he examined this and it turns out that Firewatch the makers behind it put themselves in a pretty sticky situation by issuing a DMCA takedown And it's only obviously an issue if PewDiePie decides to fight it and because on their website They specifically say in the FAQ section that anyone is allowed to live stream their game Anyone is allowed to profit off of live streaming their games. They specifically grant global permission for anybody to Livestream their game and they do not put in in in that global permission any Restrictions on how you do it so they're not saying you have to be a good person They're not saying you you know that there's nothing to say you can't be racist. You can't be this you can't there's no restrictions on How people are able to live stream based on what they have specifically on their website So because on their website it literally says you anyone can live stream and make money off it without restrictions That means that they kind of forfeited their rights to DMC takedown Anyone DMCA takedown like they literally cannot do it to anyone because they already gave everyone permission now The exception of course is if when they gave You know certain streamers free copies of games if they included An agreement with that free copy like if you get a free copy of this game It's kind of like an NDA when Nintendo you know makes you sign an NDA when you get review copies of games Which I've had to deal with back in the day back in my Zeldin former days So if you get safe say they sent me a copy of the game in Exchange for that copy of the game. I might have to agree to certain terms of certain terms might be that while I stream the game I can't say anything negative about the developers. Those are the kind of things. I don't like I don't like Agreements that make you force you to stay positive about a game You might not be having a positive experience with so I would never accept anything like that, but you have You have have sometimes they try to do that other times they will try to you know Hey, we'll give you a free copy of the game, but just don't be racist don't say anything sexual Don't dress in a certain way they can include any legal stipulations They want in exchange for that game because they are giving you something and in return you're agreeing To their terms of use for that something now obviously, you know, they cannot see avoid all that just say We don't want a free copy of your game, but wait till your game comes out. We'll buy it ourselves And then they don't have any of those restrictions but the person who's trying to take down the the PewDiePie fire watch videos Essentially on Twitter said every single person who live streams is technically Breaking copyright law which is completely 100% factual Most developers just leave it alone because they do make money off of those streams It gets people interested in the games and then they go out and buy them But as we found out what people like digital revolver who like went after Jim Sterling Because of his negative viewpoints on their games and made this whole giant pub up Jim Sterling won that lawsuit They he was free to use Their gameplay clips as much as he wanted as long as you know, he did something original with it which is original thing was his commentary and That is that that's where the streamers actually usually stand in fair use because of the Commentary value, but they still that being said People can make it illegal to stream your game And usually when they make it illegal, they're just talking about monetization wise as an example Nintendo could literally DMC a takedown every video I have that has any Nintendo published content in it, but Instead of doing that they just demonetize the videos Because they recognize there's still a value in those videos being up and getting eyeballs Unfortunately, they de-incentivize people from putting those videos up by taking away the money from them But whatever that's that's a conversation for a different day So you end up in this lawsuit here that they're apparently Could happen because they're gonna file a DMCA takedowns. I'm assuming through YouTube's automated process and the videos will get taken down and if PewDiePie wants to fight it unless he cites a separate agreement That dealt with his behavior and it's gonna be really hard because this behavior didn't happen while he was streaming their game It's Likely that if PewDiePie wants to fight it, he's going to win and that's what this lawyer pointed out when he talked about it He's like look it doesn't matter if you condemn the behavior the DMCA takedown Is basically they forfeited the rights to do that and It's it's going to be interesting if this does go to court because if For this does go to court and if you know despite all the evidence out there and lawyers out there can just say look You know, it's really easy to make the case for PewDiePie and not You know be able to fight back It's one of those things that even if it's easy to do that that doesn't guarantee That's what the result will be now. I'm not a lawyer my my fiance is mom's a lawyer She deals more with employment, but it's it's one of those things where they can They could win that let's just put it that way the the people behind Firewatch could win And if they do win and it's not like I care, you know if PewDiePie loses revenue and has things demonetized, but if they if they DMCA claim his videos PewDiePie fights the suit takes him to court and The people behind Firewatch win despite the fact that they clearly have evidence of forfeiting the rights to even do a DMCA takedown They've even forfeit the rights to demonetize videos if I'm being honest they If they win it sets a precedent a bad precedent as we saw with you know, the folks that went after Jim Sterling that well, if that's the case any game pay clip of any game if the person doesn't like you they could just DMCA claim your video and get rid of it and That's a problem. That's going to affect critique. That's going to affect let's players That's going to affect live streamers It's going to affect everyone and it's already a struggle on YouTube as is to be a person that covers video games because so many of the Games already get demonetized But at least you can have the stuff available to watch and if you're a big enough YouTube Or you can get sponsors to come in that it helped offset the fact that you lost all your money on that video from YouTube ads and It's just a crazy situation to me that if the thing is I like Firewatch I think it's a really really great game but if they take out PewDiePie's videos and PewDiePie chooses to fight it and PewDiePie somehow loses it sets a bad precedent for anyone covering video games on YouTube including us Well, I don't think Nintendo is going to go as far as the issue DMCA's that doesn't mean some of the indie games I show all my stuff. I you know, I just have footage of snipper clips Which again Nintendo published that but let's go with one that didn't double dragon for I just had footage of that in a Recent one if they didn't like what I had to say about their game If I decided to talk about it if they they didn't like how I presented their game And I know there's some people there saying oh, you're you were terrible snipper go through a terrible sonic mania We don't like how you play the game. So we don't like how you present the game They could come after me and just literally take out my videos and on YouTube What sucks about DMCA takedowns is if you get like enough of those DMCA takedowns Like it's like it's like two or three of them for different types of videos Like if they do a blanket DMCA take on takes out five videos that just counts as one strike But if you get like that multiple times over different videos those DMCA takedowns literally can make YouTube lock and Delete your YouTube channel So that's why this is a ultra serious thing to talk about Thankfully, I you know based on what the lawyer is saying PewDiePie has some good ground to stand out if he does fight it if he does go to court I don't know if he's going to go to court. I don't know if he should fight it I don't even know if he makes money off those videos anymore Or if you really made money off him at all because you know with YouTube's new policies out there He probably swore in those videos and they probably got demonetized anyways But it'll be interesting. He obviously has the clout and the financial backing to fight it if he would like to You know, I know H2H reproduction is just one a big lawsuit as well. That's of benefit to youtubers I would like to see as much as I'm I really hate what PewDiePie did the disgusting Nature in which he just dropped an M bomb in the middle of a live stream And even some of his other antics. I've really really I'm just totally against I Hope he does fight it because if he does and if he wins, that's just going to help us YouTubers as a community come together For more rights and how we make content because we need those rights man I mean, I'm waiting for for someone to take Nintendo To court and argue about fair use with their games So then we don't have to necessarily go through their creators program. But anyways folks Let me know what you think about this in the comments below again. I'm not here defending PewDiePie I I think what he did was disgusting But I do think that this DMCA takedown is a completely social justice related thing It's not actually related to the streams the streams are allowed to you for 18 months And I believe they forfeited their rights to DMCA takedown and even demonetized videos Based on their own FAQ on their own official website. So, uh, yeah, I don't know That's just my two cents. You guys let me know what you think Whoops In the comments below. I am the Thunder of Agents from Nintendo Prime If you like this video, you know what to do. And if you dislike the video, it's okay. Hit that dislike button Subscribe for more and as always folks, I will catch you in the next one