This thread is inspired by another: view original post
I strongly suggest you read the above link before playing the blame game :)
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Oh, it's legal, but so's always-online DRM, so's On-Disk DLC, so are online passes. There are huge differences between what a company CAN do and what it SHOULD do. Logically, Nintendo should highlight these things, put them on a pedestal, use them as examples of how they're superior to their competitors, not just free marketing but marketing that no one can argue against, this is what Sony are doing with the PS4's share feature, this is what all companies should do.
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[url=http://www.youtube.com/watch?v=1Wd7gw74trs]One of my videos[/url] (not trying to promote, just providing evidence) was identified for having Halo music and you're right, Microsoft's never followed up with a banhammer smack or anything. At the same time, I'm not monetizing my videos and I do follow the "[url=http://www.xbox.com/en-US/community/developer/rules]Game Content Usage Rules[/url]" Microsoft published, in which it clearly states: [quote]You may post your Item to a page or website that has advertising, [b][i]but only if you do not earn any money from that advertising.[/b][/i] For example, if you post your video on Youtube or Vimeo and there happens to be an advertisement next to it, then as long as you don't get paid for that advertisement, the fact that there is an advertisement on the page doesn't break these Rules. [b][i]But enrolling in the Youtube partner program (or other similar programs), where you are entering into an agreement to get paid, is not allowed.[/i][/b][/quote] So why would Microsoft pursue me? I'm not violating any rules. LPers who monetize their videos [i]are[/i] breaking the rules. Enforcement (taking the revenue gained) follows.
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Yet still Halo content IS posted, it's the most used game for Machinima, entire Let's Plays for every Halo game are on the web, monetized and otherwise, Hell, Halo 3 had the first console theater system for exactly that purpose. Honestly it seems more likely that Microsoft would change their usage rules than them enforcing the outdated rules on people, they've known the power of this kind of thing for over a decade now...
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