UFD Tech TAKEN DOWN (for one week) After Being Guidelines Struck For Making Content Similar to LTT's UPDATE.

[Uttamattamakin]

Summary

 

Youtube and Floatplane creator UFD tech had the channel struck because they put Android on Nintendo Switch and also watch the Apple Livestream.  Nintendo is who did the striking not LMG.  Notably LTT did a similar video.  UFD is cool with this but it does smack of there being at least two sets of rules for youtube creators.  Those under a certain critical mass and those over it. 

 

Quotes

Quote

UFD tech has been taken down and we have not been allowed to post for an entire week. 

Basically they did a video like this. 

Then got a strike for it from Nintendo. 

 

My thoughts

This shows that Youtube has at least two tiers, may be three.  Those under a couple million subscribers.   Those with 10 15 20 million subs.  Then those channels that are associated with old established studio and network media.  The top dogs there, channels that are associated with established studio and network media can get away with almost literal murder.  

The LTT's and MKBHD's they can get lee way others don't. 

Meanwhile UFD tech gets this  (or outside the tech space World War II channel gets demonetized for covering that history, and channels that cover the War in Ukraine can't show footage that CNN can stream on youtube). 

This is why it might be a good idea to sub to creators on things like Floatplane, Patreon, locals etc.  Even if not the same creators every month ... month after month.  

All that said I'd like to know more.  What exactly is the problem with showing people how to put an OS on to a computer?  What kind of problem would it be that has any bearing what so ever on Youtube and its guidelines?  Surely it is not illegal to "hack" your own devices.  

 

Sources

 Youtube video above

[Helpful Tech Witch]

11 minutes ago, Uttamattamakin said:

All that said I'd like to know more.  What exactly is the problem with showing people how to put an OS on to a computer?  What kind of problem would it be that has any bearing what so ever on Youtube and its guidelines?  Surely it is not illegal to "hack" your own devices.  

 

Nintendo is known to copyright bully. Its not youtube giving these channels more leway, stuff is automatically handled on a copyright strike, so Its just nintendo not bullying big channels.

[PDifolco]

Nintendo are insufferable a$$holes, there's been innumerable cases of them bullying creators, competitors, whatever...

They could even try to copyright the word "console"  

 

[Uttamattamakin]

9 minutes ago, Helpful Tech Witch said:

Nintendo is known to copyright bully. Its not youtube giving these channels more leway,

Yes he says Nintendo's lawyers had to go to youtube and take action. 

9 minutes ago, Helpful Tech Witch said:

stuff is automatically handled on a copyright strike, so Its just nintendo not bullying big channels.

This wasn't automatic.  What you are saying does happen... but this was not that.   Smaller channels get struck down by the AI all the time, with no recourse.   Larger ones get more lee way, and folks like Nintendo are less likely to mess with them.   IT's still kinda interesting news in this niche I think. 

[dilpickle]

Nintendo being dicks and youtube giving special treatment is not what I would call News.

[dizmo]

This doesn't really matter, not because of what it is or what happened, but because no amount of backlash will change Nintendo's mind. They know there products will sell regardless. They don't care what you think, or how you feel. 

[leadeater]

1 hour ago, Uttamattamakin said:

Yes he says Nintendo's lawyers had to go to youtube and take action. 

This wasn't automatic.  What you are saying does happen... but this was not that.   Smaller channels get struck down by the AI all the time, with no recourse.   Larger ones get more lee way, and folks like Nintendo are less likely to mess with them.   IT's still kinda interesting news in this niche I think. 

That's not how strikes work and YouTube only checks that the form is filled in as required. They don't, and can't, check if it is actually infringement or not which can only be done in court. A counter claim can be filed but for someone like UFD Tech they wouldn't really ever go that path, not worth the effort.

 

https://support.google.com/youtube/answer/13823830

 

That's really it, 100% Nintendo going on here. If they choose not to strike or claim that's on them, YouTube would not refuse or push back against this for a larger channel because legally they are not allowed to. If a legitimate claim is filled they must process it.

[Kisai]

32 minutes ago, leadeater said:

That's not how strikes work and YouTube only checks that the form is filled in as required. They don't, and can't, check if it is actually infringement or not which can only be done in court. A counter claim can be filed but for someone like UFD Tech they wouldn't really ever go that path, not worth the effort.

 

https://support.google.com/youtube/answer/13823830

 

That's really it, 100% Nintendo going on here. If they choose not to strike or claim that's on them, YouTube would not refuse or push back against this for a larger channel because legally they are not allowed to. If a legitimate claim is filled they must process it.

 

It also has to be said again that Japanese companies are extremely aggressive about protecting IP.

 

When you are a small creator, you get smacked down mostly by ContentID based claims, rarely actual Copyright strikes.  Japanese companies however usually reach for the copyright strike as their first strike, even while being aware of what will happen.

 

Japanese companies will copyright-strike you for simply using images from their website in your video thumbnail, regardless of what the video is about.

 

When you're a bigger creator, it's actually Youtube pushing back on the copyright strike, making sure that the claim is valid, because (I can only assume) that staff look at how much it will cost them in ad revenue if the channel is taken down by a frivilous claim. This is exactly the line of thinking DMCA processes work at other sites. The staff aren't encouraged to "protect" the creator, but rather make sure the DMCA exactly correct and if it isn't, kick it back. 

 

One is not allowed to shotgun DMCA's at big creators. If you're not going to reach out to the creator to have them voluntarily take it down, then you better be 100% correct in your claim.

 

[Taf the Ghost]

49 minutes ago, Kisai said:

 

It also has to be said again that Japanese companies are extremely aggressive about protecting IP.

 

When you are a small creator, you get smacked down mostly by ContentID based claims, rarely actual Copyright strikes.  Japanese companies however usually reach for the copyright strike as their first strike, even while being aware of what will happen.

 

Japanese companies will copyright-strike you for simply using images from their website in your video thumbnail, regardless of what the video is about.

 

When you're a bigger creator, it's actually Youtube pushing back on the copyright strike, making sure that the claim is valid, because (I can only assume) that staff look at how much it will cost them in ad revenue if the channel is taken down by a frivilous claim. This is exactly the line of thinking DMCA processes work at other sites. The staff aren't encouraged to "protect" the creator, but rather make sure the DMCA exactly correct and if it isn't, kick it back. 

 

One is not allowed to shotgun DMCA's at big creators. If you're not going to reach out to the creator to have them voluntarily take it down, then you better be 100% correct in your claim.

 

Even for Japanese companies, Nintendo is really aggressive, but also in the spaces they probably lose under US Law but wouldn't under Japanese Law. There's a very definite "screw it, you won't put up the fight" aspect to their actions.

 

At the scale Nintendo actually has to defend their IP, they aren't wrong. (LTT has how many videos on Retro Game playing devices? Which means Nintendo ROMs.) It's just they hit basically everyone hard unless they have a large fanbase. Because they're Image Conscious and don't take public criticism well. 

[leadeater]

2 hours ago, Kisai said:

It also has to be said again that Japanese companies are extremely aggressive about protecting IP.

They are like this because 'Fair Use' is not a thing there. Also any usage of IP/Copy Right material there or even just filming something, basically anything and everything, must be asked for consent first. That is the culture there and also laws there so they act like this because that is normal.

 

If a company see usage of their material and it has not been approved they will always take offence to that.

 

2 hours ago, Kisai said:

Japanese companies will copyright-strike you for simply using images from their website in your video thumbnail, regardless of what the video is about.

 

2 hours ago, Kisai said:

One is not allowed to shotgun DMCA's at big creators. If you're not going to reach out to the creator to have them voluntarily take it down, then you better be 100% correct in your claim.

As above under Japanese law it will always be 100% correct, that's why they are like this.

[Kisai]

1 hour ago, Taf the Ghost said:

Even for Japanese companies, Nintendo is really aggressive, but also in the spaces they probably lose under US Law but wouldn't under Japanese Law. There's a very definite "screw it, you won't put up the fight" aspect to their actions.

 

At the scale Nintendo actually has to defend their IP, they aren't wrong. (LTT has how many videos on Retro Game playing devices? Which means Nintendo ROMs.) It's just they hit basically everyone hard unless they have a large fanbase. Because they're Image Conscious and don't take public criticism well. 

The weaselly away to avoid being hit directly by Nintendo is to never play Nintendo's first party games on emulators, or even at all on streams/let's-play/react's etc.

 

No Mario, No Pokemon, No Donkey Kong, No Zelda. Steer clear of those, and it's up to the actual game publisher (eg EA, Ubisoft, Microsoft, Square-Enix, etc) to actually do it, and really, I've never seen any game company other than Nintendo go after youtuber's that weren't doing something shady. 

 

Like EA gets a lot of trash thrown at them, rightfully, but I've never seen a youtuber get punished for LP'ing any of their games, no matter how old or new, emulated or not. Even Warner, who goes after people for fan-created works, tends to not actually go after the game footage (they do go after fans for unauthorized merchandise, and music use.) 

 

Sony is stuck in this fun middle ground where they are a hardware manufacturer, a game console maker, a game publisher, but also a film, television and music publisher. This means that they have the power to license things for game use, but also have Nintendo's "Japanese company" mindset of having their heads so far up their own butts about youtube and emulation. This is why Sony hardware is often brain-damaged by DRM protection. So if you want to use recordable media, steer clear of Sony. People who stream often have a much worse time getting a playstation (2, 3, 4, and 5) to work on a stream because games will sometimes turn on the HDMI copy protection bit.

 

[gargamel314]

6 minutes ago, leadeater said:

They are like this because 'Fair Use' is not a thing there.

 

Interesting point, I didn't know that!

 

Hoping LMG will try to help them out. I love UFD Tech, they deliver the BEST Intel GPU news of any of the tech channels.

[Kisai]

14 minutes ago, leadeater said:

They are like this because 'Fair Use' is not a thing there. Also any usage of IP/Copy Right material there or even just filming something, basically anything and everything, must be asked for consent first. That is the culture there and also laws there so they act like this because that is normal.

 

If a company see usage of their material and it has not been approved they will always take offence to that.

 

That is because they have a bean-counter first corporate culture.

 

They treat their domestic users and foreigners completely different. Japanese copyright infringement by Japanese fans? Oh that's a homage, we'll just ignore ComiKet. Foreigner uses a stock image of the game? DMCA them, burn their channel and salt the ground.

 

The reason Nintendo engages in such digital terrorism is essentially because they WILL NOT give permission. There is no opportunity to license anything from Nintendo unless you are bigger than Nintendo. Japanese content creators basically need to form their corporate entities in order to ask permission to play games.

 

[SpaceGhostC2C]

Hasn't this happened to him twice already for one unclear reason or another? Or is this about the second time again?

Anyway, the dude just can't catch a break!

[Uttamattamakin]

3 hours ago, leadeater said:

That's not how strikes work and YouTube only checks that the form is filled in as required. They don't, and can't, check if it is actually infringement or not which can only be done in court. A counter claim can be filed but for someone like UFD Tech they wouldn't really ever go that path, not worth the effort.

 

https://support.google.com/youtube/answer/13823830

 

That's really it, 100% Nintendo going on here. If they choose not to strike or claim that's on them, YouTube would not refuse or push back against this for a larger channel because legally they are not allowed to. If a legitimate claim is filled they must process it.

Yeah.  I think they said it was a community guidelines strike or something.  It's a bit unclear to me how ... copyright ... would apply to putting android on a Switch or OS A on computer B.   I'd watch his video and LTT's to see if there is any key difference ... but from what I know of the only difference is that LTT is a much bigger channel. 

Bigger fish are harder to swallow. 

 

33 minutes ago, SpaceGhostC2C said:

Hasn't this happened to him twice already for one unclear reason or another? Or is this about the second time again?

Anyway, the dude just can't catch a break!

This is about a combination of a long standing strike due to the Nintendo issue and either being struck by Apple or a content ID ... AI driven strike due to his restreaming with commentary Apples event yesterday.   If Apple is doing that it's really shooting themselves in the foot.  I for one would not watch an Apple stream just to see their corpo spin.   Their stream itself is just an infomercial but worse in a way.*  However, I'd watch and edgerunner like Brett break it down.  More people will see their content by allowing those live streams to exist. 

 

 

1 hour ago, Kisai said:

That is because they have a bean-counter first corporate culture.

 

They treat their domestic users and foreigners completely different. Japanese copyright infringement by Japanese fans? Oh that's a homage, we'll just ignore ComiKet. Foreigner uses a stock image of the game? DMCA them, burn their channel and salt the ground.

Makes me wish I never liked Super Mario brothers. 

*can't get anything from Apple for 3 easy payments of 19.95.

[SpaceGhostC2C]

59 minutes ago, SpaceGhostC2C said:

Hasn't this happened to him twice already for one unclear reason or another?

 

Opening line for the video: "For the third time..." Yep, I could have spared the question  

[williamcll]

I think that makes Geekerwan the only big tech channel left yet to get copystriked.

 

 

[SansVarnic]

-= Moved to General Discussion =-

[Uttamattamakin]

16 hours ago, williamcll said:

I think that makes Geekerwan the only big tech channel left yet to get copystriked.

 

 

Which really truly makes it more curious as to why Nintendo would want to mess with UFD?  Why bother?  If anything showing that their device can do more with a little elbow grease is a good thing. 

But then there are people who freak out if you tell them their Chromebook can run Linux applications. 

[Uttamattamakin]

Awesome they are back.... 

 

But the silly Nintendo Community guidelines strike that has been hanging around for a couple of years should go away.  IMHO.  

 

This is why you can't trust the corpos. 

[Dedayog]

On 9/12/2023 at 4:39 PM, Uttamattamakin said:

Summary

 

Youtube and Floatplane creator UFD tech had the channel struck because they put Android on Nintendo Switch and also watch the Apple Livestream.  Nintendo is who did the striking not LMG.  Notably LTT did a similar video.  UFD is cool with this but it does smack of there being at least two sets of rules for youtube creators.  Those under a certain critical mass and those over it. 

 

Quotes

Basically they did a video like this. 

Then got a strike for it from Nintendo. 

 

My thoughts

This shows that Youtube has at least two tiers, may be three.  Those under a couple million subscribers.   Those with 10 15 20 million subs.  Then those channels that are associated with old established studio and network media.  The top dogs there, channels that are associated with established studio and network media can get away with almost literal murder.  

The LTT's and MKBHD's they can get lee way others don't. 

Meanwhile UFD tech gets this  (or outside the tech space World War II channel gets demonetized for covering that history, and channels that cover the War in Ukraine can't show footage that CNN can stream on youtube). 

This is why it might be a good idea to sub to creators on things like Floatplane, Patreon, locals etc.  Even if not the same creators every month ... month after month.  

All that said I'd like to know more.  What exactly is the problem with showing people how to put an OS on to a computer?  What kind of problem would it be that has any bearing what so ever on Youtube and its guidelines?  Surely it is not illegal to "hack" your own devices.  

 

Sources

 Youtube video above

Wait, you're saying there are different rules for different people?

 

Always, and forever.

 

 

[kirashi]

On 9/12/2023 at 1:39 PM, Uttamattamakin said:

This is why it might be a good idea to sub to creators on things like Floatplane, Patreon, locals etc.

While I'm not about to tell people what they should or shouldn't do, everyone should know that this is just a band-aid solution to a much larger problem with how copyright law works in the copyright holder's country, and across borders. Digital copyright is very much still stuck in 1980's business mentality land, long before the internet existed as it does today. Copyright law needs to catch up with how content is infinitely remixed today, lest we eventually give ownership of everything to corporations.