PewDiePie - troll, racist, both?

[derspiess]

Has anyone punched him yet?

[Tamas]

Has anyone punched him yet?

Gawd you can make it hard to argue against beating up racists

[derspiess]

How dat?

[Jacob]

How dat?

I think that Tamas is saying you're being a bit of a twat on the subject, which makes it hard for him to notionally be on the same side as you.

[Eddie Teach]

I'd rather hit pewdie than the pikeman fwiw.

[Razgovory]

Has anyone punched him yet?

No, he stabbed himself and blamed it on anarchists.

[alfred russel]

I'm surprised this doesn't fall under some sort of fair use thing. A video of someone playing a video game is copyright protected? How far does this go? Can Nike force people to take down videos because people were wearing their shoes in them? Can I be forced to take down a cell phone picture from inside a sporting event? What if it is a journalist reporting at a sports event, is that protected, and if so, could a video game reviewer be seen as performing some sort of journalistic function?

Something I never really saw coming was racist people becoming millionaires by letting others watch them play video games.

[Jacob]

I'm surprised this doesn't fall under some sort of fair use thing. A video of someone playing a video game is copyright protected? How far does this go? Can Nike force people to take down videos because people were wearing their shoes in them? Can I be forced to take down a cell phone picture from inside a sporting event? What if it is a journalist reporting at a sports event, is that protected, and if so, could a video game reviewer be seen as performing some sort of journalistic function?

Something I never really saw coming was racist people becoming millionaires by letting others watch them play video games.

I'm not a lawyer, but I've seen the subject argued before. I think where it currently stands is that "let's play" videos don't fall under fair use because it shows the original content in its entirety (or close to), there's no substantial change to the original content, nor is there an overriding societal interest.

I'd expect that Mystery Science Theatre style shows where a movie is shown with commentary similarly doesn't fall under fair use.

From where I sit, there's a significant difference between a "let's play" and a journalist reporting a sports event. In a sports event, the journalist is usually admitted by the organizers anyhow. I'm pretty sure, f. ex., if you stood in the stands of the superbowl and live streamed the whole game via your cell phone with your comments, you'd be vulnerable to DCMA takedown requests as well.

[Ancient Demon]

It was unwise for PewDiePie to say what he did, but I still haven't seen any evidence that he's actually racist, rather than just insensitive. Also, the DMCA takedown request is spurious.

[The Brain]

It was unwise for PewDiePie to say what he did, but I still haven't seen any evidence that he's actually racist, rather than just insensitive. Also, the DMCA takedown request is spurious.

[Valmy]

It was unwise for PewDiePie to say what he did, but I still haven't seen any evidence that he's actually racist, rather than just insensitive. Also, the DMCA takedown request is spurious.

So what does qualify as racist? You have to admit his timing was rather bad

DMCA takedowns are par for the course these days.

[Valmy]

I'm surprised this doesn't fall under some sort of fair use thing. A video of someone playing a video game is copyright protected? How far does this go? Can Nike force people to take down videos because people were wearing their shoes in them? Can I be forced to take down a cell phone picture from inside a sporting event? What if it is a journalist reporting at a sports event, is that protected, and if so, could a video game reviewer be seen as performing some sort of journalistic function?

Something I never really saw coming was racist people becoming millionaires by letting others watch them play video games.

Nobody knows since everybody is too scared to work it out in a trial. The precedent would be very damaging to the loser.

[derspiess]

Has anyone punched him yet?

No, he stabbed himself and blamed it on anarchists.

[The Minsky Moment]

I'm surprised this doesn't fall under some sort of fair use thing. A video of someone playing a video game is copyright protected? How far does this go? Can Nike force people to take down videos because people were wearing their shoes in them? Can I be forced to take down a cell phone picture from inside a sporting event? What if it is a journalist reporting at a sports event, is that protected, and if so, could a video game reviewer be seen as performing some sort of journalistic function?

Something I never really saw coming was racist people becoming millionaires by letting others watch them play video games.

I'm not a lawyer, but I've seen the subject argued before. I think where it currently stands is that "let's play" videos don't fall under fair use because it shows the original content in its entirety (or close to), there's no substantial change to the original content, nor is there an overriding societal interest.

I'd expect that Mystery Science Theatre style shows where a movie is shown with commentary similarly doesn't fall under fair use.

From where I sit, there's a significant difference between a "let's play" and a journalist reporting a sports event. In a sports event, the journalist is usually admitted by the organizers anyhow. I'm pretty sure, f. ex., if you stood in the stands of the superbowl and live streamed the whole game via your cell phone with your comments, you'd be vulnerable to DCMA takedown requests as well.

Key thing about fair use is that its a multiple factor test, there isn't much in the way of safe harbors.  It's also an affirmative defense on which defendant bears the burden of proof.

Jake pretty much has it - in the PewDiePie example if you apply the four factors - there is a use with an intent to commercially exploit, the underlying work is creative, substantial amounts of the work are being taken.  I suppose market effect is debatable.

Mystery Science Theater - my understanding is that they got licenses to the underlying material.

[Ed Anger]

All millinials to GITMO