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Author Topic: Is walkthrough making illegal?  (Read 3965 times)
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« on: July 06, 2009, 08:23:22 AM »

I heard from some things about it, well especially i dont believe it... So is it true or not? (it's from 3 personal messages on my YT Channel)
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« Reply #1 on: July 06, 2009, 08:27:54 AM »

I don't think so. but.. i'm just in it almost 2 mouth so.....

in your language (hungarian):

Nem hinném. de én még csak közel 2 hónapja vagyok ebben tehát...
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« Reply #2 on: July 06, 2009, 08:37:00 AM »

The FBI hasn't cracked down on Maceman yet, so I'm gonna say no.
I can see why, but at the same time, i can't.
It's not like you're pirating the game or anything.

Let's try putting this into perspective:
Say you just bought a new soda, and recorded yourself drinking it. Is that illegal? No. But if you were to Use that soda as a bast, to make your own soda, that was exactly the same. Then that Would be illegal.

It's a bad example, I know, but I worked hard just trying to piece one together.
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« Reply #3 on: July 06, 2009, 03:55:50 PM »

The FBI hasn't cracked down on Maceman yet, so I'm gonna say no.
I can see why, but at the same time, i can't.
It's not like you're pirating the game or anything.

Let's try putting this into perspective:
Say you just bought a new soda, and recorded yourself drinking it. Is that illegal? No. But if you were to Use that soda as a bast, to make your own soda, that was exactly the same. Then that Would be illegal.

It's a bad example, I know, but I worked hard just trying to piece one together.

Terrible example Cb, but its fine, i got what you meant but ill try to spell it out clearer for the people.

The only way walkthroughing can be illegal is if you have a copyright infringement. What is that you say? Well whenever someone has a product or (in this case) a game, they put on a copyright so that nobody else can claim that they have ownership/rights over the particular game or contents of the game. Now, lately YT has been cracking down on the music side of videos, and music within the games that we record is copyrighted. As long as you claim no ownership or rights to the game you are recording, there isnt much that YT (or the FBI, as Cb put it lol) can do about it. Music is probably going to be the biggest problem for a walkthrougher. Mace only claims ownership of this site, and does not claim ownership for the games that he posts within the site, hence using YT as the host (but thats also because it is easier to use a video uploader than it is to make one).

So for people to say walkthroughing is illegal, the answer is yes and no. Yes because sometimes it can be, just ask VincesGames, he can tell you all about it (so sorry Vince, tragic about all your videos  Sad) but at the same time it isnt illegal because the content you are coming up with is your own created content, just with someone else's game. So as long as you give the creator credit, you should be fine. YT has a whole tutorial (i guess you could say), basically like an FYI, about copyright infringement and what not.

This site would have been taken down a long time ago is walkthroughs were illegal, and we wouldnt be able to advertise our products if it was illegal, bc someone would have noticed and shut us down by now.

Im not sure if im completely right, so if im not someone please correct me  Smiley
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« Reply #4 on: July 06, 2009, 04:08:53 PM »

I always make sure to acknowledge the original makers when I start a new walkthrough, and I haven't had too much trouble.
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« Reply #5 on: July 06, 2009, 04:29:40 PM »

i dont think walkthroughs is illegal if it is then its something wrong on the system we live in
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« Reply #6 on: July 06, 2009, 05:14:12 PM »

Fair use laws -
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

         1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
         2. The nature of the copyrighted work
         3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
         4. The effect of the use upon the potential market for, or value of, the copyrighted work

Depending if you have commentary you probably are critising it and commenting. You also are teaching in a way. Also since you are doing it for nonprofit. (Not so sure about the site.) Yes. It is legal.
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« Reply #7 on: July 06, 2009, 07:08:22 PM »

I know its illegal for certain games, some of the game owners don't want people to do walkthroughs of there games, like GTA IV. But it isn't illegal where they arrest you and throw you in jail, it's illegal where they just remove websites and ban YouTube accounts.
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« Reply #8 on: July 06, 2009, 07:24:59 PM »

I know its illegal for certain games, some of the game owners don't want people to do walkthroughs of there games, like GTA IV. But it isn't illegal where they arrest you and throw you in jail, it's illegal where they just remove websites and ban YouTube accounts.

It's only illegal if the judge says it is. Fair use law is so open to interpretation that what we are doing can be far on either side of the law. I personally believe that we are selling more games by helping promote them and showing them off.

YouTube only bans people to protect themselves because they have been sued in the past (but not because of walkthroughs). YouTube has been sued due to music and music videos, as well as tv shows. Viacom (owner of MTV) is one of the largest companies to sue YouTube. They do not develop or publish any games.

Walkthroughs are a way for gamers to show off their skills, expand our knowledge of weird games, help people when they are stuck, and ultimately be entertaining to encourage more users to buy the game. They do not let viewers play the game.
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« Reply #9 on: July 07, 2009, 07:13:24 AM »

You heard it from Maceman so it has to be true!
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