Think Nintendo will be dumb enough to go after LMG?

[Waifu4Life]

After watching the Wan Show, I was happy to see that Linus has dared Nintendo to go after him if he were to show how to softmod a Switch. Do you think Nintendo will be dumb enough to go after a YouTuber who can defend himself in court? Personally, I hope they do and that Linus wins, that would make such a huge precedent and would knock-off Nintendo's arrogance down a peg or two. 

[Waifu4Life]

3 minutes ago, James Evens said:

Nintendo lawyers probably have no clue who he is LMG. For them it just looks like another video.

Yah, but they must AT LEAST look at the number of subscribers of a channel before doing so.

[danomicar]

LMG would not stand a chance against a multi-national corporation's legal resources. He could win but they would still bleed him dry in fees. Just being realistic. 

[Colty]

9 minutes ago, James Evens said:

Nintendo lawyers probably have no clue who he is LMG. For them it just looks like another video.

Nintendo went after UFD Tech, a considerably smaller channel compared to LMG. 

[Waifu4Life]

5 minutes ago, danomicar said:

LMG would not stand a chance against a multi-national corporation's legal resources. He could win but they would still bleed him dry in fees. Just being realistic. 

I don't know, isn't there something about "if you abuse the copyright laws", you could lose you rights to your IPs?

[LAwLz]

Why would it be dumb for them to go after him? 

Why do you think Linus would be able to defend himself in court? 

 

Anyway, Nintendo aren't stupid. If they think they are in the right (and they have way better understanding of that than Linus or any of us) and worth perusing Linus then Linus wouldn't win. 

My guess is that Linus thinks it's a low risk so it adds some spice to the video. Worst case scenario, he does get sued and gets a bunch of publicity from it. 

 

 

2 minutes ago, the_importer said:

I don't know, isn't there something about "if you abuse the copyright laws", you could lose you rights to your IPs?

There is no such thing in the law as far as I am aware. It would be very weird if it did. 

Maybe you're confusing it with losing a trademark if you don't defend it? 

[BlueChinchillaEatingDorito]

16 minutes ago, the_importer said:

Yah, but they must AT LEAST look at the number of subscribers of a channel before doing so.

As if the number of subscribers will make a difference in court... 

[Zodiark1593]

No lie, I kind of want to see an all out legal fight. Not sure if I want it to happen to LMG, but there’s few other creators with the resources to actually fight a legal battle. 

[Waifu4Life]

1 hour ago, BlueChinchillaEatingDorito said:

As if the number of subscribers will make a difference in court... 

No, I mean that what Nintendo abusing the copyright system knowing that smaller creators don't have the cash to defend themselves in court, in short, a scare tactic. LMG has the money to defend themselves in court.

[Arika]

Nintendo wouldn't be "dumb" to go after them, LMG would be dumb to antagonize them and challenge them to go after them

[lewdicrous]

2 hours ago, the_importer said:

Do you think Nintendo will be dumb enough to go after a YouTuber who can defend himself in court?

Are you assuming that Nintendo can't defend themselves in court?

2 hours ago, the_importer said:

Yah, but they must AT LEAST look at the number of subscribers of a channel before doing so.

So, you're asking for selective reinforcement? Nintendo should only go after those who don't have money?

2 hours ago, the_importer said:

I don't know, isn't there something about "if you abuse the copyright laws", you could lose you rights to your IPs?

What laws will LMG be breaking? What copyright are they infringing?

Also, keep in mind that LMG is based in Canada, so Canadian laws apply to them.

53 minutes ago, the_importer said:

No, I mean that what Nintendo abusing the copyright system knowing that smaller creators don't have the cash to defend themselves in court, in short, a scare tactic. LMG has the money to defend themselves in court.

Let them go to court.

If Nintendo is in the wrong, then they'll have to pay for that, however the court deems fit.

If LMG is in the wrong, then they'll have to pay for that, however the court deems fit.

 

As an aside, cases don't go to court straight away; it's a laborious back and forth process that can be resolved way before the parties step foot in court.

The case can be dismissed or settled in favor of either party.

[M2704]

3 hours ago, the_importer said:

Yah, but they must AT LEAST look at the number of subscribers of a channel before doing so.

You realize those numbers don’t mean someone is right or has the upper hand?

 

lawsuits aren’t settled based on viewer counts. 

[M2704]

32 minutes ago, lewdicrous said:

Are you assuming that Nintendo can't defend themselves in court?

So, you're asking for selective reinforcement? Nintendo should only go after those who don't have money?

What laws will LMG be breaking? What copyright are they infringing?

Also, keep in mind that LMG is based in Canada, so Canadian laws apply to them.

Let them go to court.

If Nintendo is in the wrong, then they'll have to pay for that, however the court deems fit.

If LMG is in the wrong, then they'll have to pay for that, however the court deems fit.

 

As an aside, cases don't go to court straight away; it's a laborious back and forth process that can be resolved way before the parties step foot in court.

The case can be dismissed or settled in favor of either party.

Thing is, as much as I dislike Nintendo for this - they’re within their rights to and will without a doubt win a lawsuit. 
 

 

[Master Disaster]

20 minutes ago, M2704 said:

Thing is, as much as I dislike Nintendo for this - they’re within their rights to and will without a doubt win a lawsuit. 
 

 

Within their rights to do what exactly? Without context this post is meaningless.

 

Nintendo hold the copyright to the works and the distribution rights, absolutely yes they do. The problem is that showing a 20 second clip of a game in the context of a tutorial or review is almost certainly not a copyright issue (though as mentioned on WAN show, fair use must be demonstrated and is not a right).

 

The problem is not that Nintendo are protecting their IP, the problem is that Nintendo are abusing the copyright system to remove videos in which it doesn't apply. Someone showing a video of a pirated game being played is not breaking copyright by showing the video and if Nintendo disagrees then they should be issuing DMCA claims and arguing their case to a judge. The reason they don't do that and instead use Youtubes broken internal copyright system is because they know that, in the vast majority of cases they would lose.

[Video Beagle]

1 hour ago, Master Disaster said:

if Nintendo disagrees then they should be issuing DMCA claims and arguing their case to a judge.

Does DMCA even apply with LMG being Canadian and Nintendo being Japanese? I guess You Tube is American so it does.

 

I actually hope Nintendo ignores him, just because it sets him off so much when tech companies don't acknowledge him.

[Needfuldoer]

6 hours ago, danomicar said:

LMG would not stand a chance against a multi-national corporation's legal resources. He could win but they would still bleed him dry in fees. Just being realistic. 

Exactly this. Nintendo doesn't have to win, they just have to not lose long enough to starve the other party.

[Sauron]

I doubt they'd get sued for this considering all this information is freely available and easily accessible already, plus softmods are only possible on early models of the switch and have since been hardware patched. On a brand new switch you need to mess with the hardware, which a lot of people are much less willing to do.

 

If they did get sued however you can rest assured they don't have the means to go through a lengthy and expensive trial against a multi billion $ corporation.

[LogicalDrm]

2 hours ago, Video Beagle said:

Does DMCA even apply with LMG being Canadian and Nintendo being Japanese? I guess You Tube is American so it does.

 

I actually hope Nintendo ignores him, just because it sets him off so much when tech companies don't acknowledge him.

DMCA is for YouTube, Twitch and other media sharing platforms based in US. Other countries have their own set of laws which could be enforced, and while not named Digital Millennium Copyright Act directly, are similar in word and spirit. So yes, Nintendo could make request for the Canadian equivalent to get media removed from Floatplane for example.

[Vishera]

8 hours ago, danomicar said:

LMG would not stand a chance against a multi-national corporation's legal resources. He could win but they would still bleed him dry in fees. Just being realistic. 

Canada is not the United States,the legal process is different.

Same thing with my country,i can sue multinational corporations with no issues,and as matter of fact i did just that and won...

They can't bleed you dry with the legal process we have combined with significantly lower lawyer costs.

 

Yeah,you Americans have it rough.

[Guest]

A whole lot of "legal matters" are settled outside the court. It's just a money shuffle.

[Blue4130]

50 minutes ago, Vishera said:

Canada is not the United States,the legal process is different.

Same thing with my country,i can sue multinational corporations with no issues,and as matter of fact i did just that and won...

They can't bleed you dry with the legal process we have combined with significantly lower lawyer costs.

 

Yeah,you Americans have it rough.

One thing they can do is start proceedings against lmg in American court. It would effectively stop Linus from being able to travel to the (or through) USA. 

[Vishera]

6 minutes ago, Blue4130 said:

One thing they can do is start proceedings against lmg in American court. It would effectively stop Linus from being able to travel to the (or through) USA. 

That i would leave for the lawyers to debate.

[IPD]

9 hours ago, the_importer said:

After watching the Wan Show, I was happy to see that Linus has dared Nintendo to go after him if he were to show how to softmod a Switch. Do you think Nintendo will be dumb enough to go after a YouTuber who can defend himself in court? Personally, I hope they do and that Linus wins, that would make such a huge precedent and would knock-off Nintendo's arrogance down a peg or two. 

Personally, I hope they don't.  Nintendo isn't the arrogant assclown in the console market.  Microsoft has that in spades.

[steelo]

I hate to say it, but Linus would be manhandled by a multinational corporation with almost unlimited resources. I guess if Nintendo pissed LTT fans off, they'd be facing a bit of backlash.

[BlueChinchillaEatingDorito]

13 hours ago, the_importer said:

No, I mean that what Nintendo abusing the copyright system knowing that smaller creators don't have the cash to defend themselves in court, in short, a scare tactic. LMG has the money to defend themselves in court.

They still wouldn't last long in the grand scheme of things. If the tactic is to drag proceedings long enough for the other party to fold, LMG is not going to outlast Nintendo on that front. Let's not even talk about Nintendo, if even Blackberry (yea the corpse that's been on life support for the past decade) took LMG to court, I can see the same end result of LMG just backing down eventually. 

5 hours ago, steelo said:

I hate to say it, but Linus would be manhandled by a multinational corporation with almost unlimited resources. I guess if Nintendo pissed LTT fans off, they'd be facing a bit of backlash.

As if Nintendo had the hearts of LTT fans to begin with...