Nintendo has struck again.
This time, the company has taken a shot at its old nemesis: YouTube.
Professional YouTuber Shesez, creator of the channel Boundary Break, has issue an empassioned
plea to Nintendo asking for one of his videos to be reinstated.
The video in question, which Nintendo blocked using YouTube’s Content ID copyright system,
shows Shesez manipulating the camera to explore out-of-bounds areas within Animal Crossing:
New Horizons.
So why has Nintendo taken down such an innocuous video?
Why is the company so eager to copyright other people’s YouTube videos?
First off, bad news for gaming YouTube as a whole: Nintendo is completely entitled,
from a legal perspective, to take down videos it doesn’t like.
The legal status of Let’s Plays and other YouTube videos is murky at best.
Small pieces of copyrighted content can be used for review or educational purposes, but
it’s not really clear how much a YouTuber can use without getting into trouble.
Gameplay footage features a lot of artwork and audio that are copyrighted, so publishing
a video of a Nintendo game involves making an illegal copy of the company’s assets.
YouTube has never really sat well with Nintendo.
The company is less than thrilled about people presenting footage of their games without
their consent and approval.
Initially, Nintendo’s plan was to de-incentivise Let’s Players by claiming all the ad revenue
from videos of their games.
A spokesperson said at the time: “As part of our on-going push to ensure
Nintendo content is shared across social media channels in an appropriate and safe way, we
became a YouTube partner and as such in February 2013 we registered our copyright content in
the YouTube database…
“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.”
While the money might have been a factor, YouTube ad revenue is pocket change compared
to the amount Nintendo normally makes from these games.
It sounds as if the bigger factor was the concern that YouTube content might be inappropriate.
Former Nintendo of America President Reggie Fils-Aime once said this more explicitly,
when asked about YouTubers.
He said: “The first thing we needed to do was make
sure that the content that's out there was representative of the franchises.
These are our lifeblood.
These are our children.
We needed to make sure that the content there was reflective of what these franchises are.”
Nintendo eventually loosened up on trying to claim all revenue from videos featuring
their games, but the company has not stopped using the Content ID system to remove videos
which are deemed to break the rules of intended play.
In Nintendo’s mind, the game remains their property even after purchase, and players
must not break the rules – especially in a public forum.
Or, to borrow a quote from Satoru Iwata from our video on why Nintendo opposes fan games:
“It is true that some expressions are detrimental enough to diminish the dignity of our intellectual
properties, and others destroy our intellectual properties' world-views by connecting them
with something not based on fact.”
So, for example, if a video showed off a method of breaking the boundaries within a popular
Nintendo game, it could be deemed to “diminish the dignity” of the game.
Nintendo has worked hard to create a high quality piece of art, and they don’t want
people abusing it to show off the elements that lack polish.
Plus, it’s worth noting that Nintendo is trying desperately to maintain a functioning
micro-economy within Animal Crossing.
Item duplication exploits are potentially dangerous, so Nintendo is coming down hard
on any video that shows off glitches within the game.
But why take down this particular Boundary Break episode and leave the rest in-tact?
Well, as Shesez notes in his video response to the takedown, Nintendo is not a single
entity, but rather a company made up of humans.
For whatever reason, an ordinary human being made the decision to take down this particular
video, while another person might have chosen to overlook the rest of Shesez’ video library.
Nintendo has no hard and fast rule on copyright enforcement, so double standards are inevitable.
Of course, whether or not Nintendo is legally or morally right to take down YouTube videos,
one thing is certain: the company is fighting a losing battle.
YouTubers are like Hydra.
Block one video, two more will take its place.
The moral of the story is that Nintendo, and indeed, all of us, must let go of the illusion
of control.
We can’t force other people to behave the way we want to.
In fact, if we stop trying to dictate the way other people act, it’s easier to find
compromise and common ground.
That way everyone can have fun playing together.