Nintendo sends a cease and desist to insider that has leaked pretty much every E3 2019 announcement

Bunkles

Attempted to circumvent ban with alt account
Banned
Oct 26, 2017
5,663
Not sure what she expected. When you sing from the rooftops over and over that you are going to spoil a bunch of shit you shouldn't have access to, you may very well get the attention of one of the companies that you are spilling the secrets of.
 

Deleted member 9971

User requested account closure
Banned
Oct 27, 2017
9,743
Not sure what she expected. When you sing from the rooftops over and over that you are going to spoil a bunch of shit you shouldn't have access to, you may very well get the attention of one of the companies that you are spilling the secrets of.
Exactly.
It's not worth getting fame this way it only gets you in legal trouble.
 

Notaskwid

Banned
Oct 25, 2017
5,652
Osaka
Shucks.. I'm certainly not any politics expert.. I'm just old enough to have seen this rodeo a few times and it's always the same: Progressives spend all their energy fighting amongst themselves rather than their actual enemy (pretty much the opposite to Conservatives .. hence how they win so often without being the majority). Corp bashing is just another wedge issue for me.. As other folk in the thread have said.. Talking in terms of "corporations" rather than "workers" engenders an "us and them" situation where there isn't one creating the ironic but all too familiar situation of activist lefties alienating those they should be trying to bring to the cause.

In terms of what to read? I'm a middle aged man with a job, a bad knee and two kids.. My hefty political reading days are waaay behind me! One book I did read a couple of years ago that I can't recommend enough is 23 things they don't tell you about capitalism by Ha-Joon Chang.. Not party political, dry but easy to read analysis and comparison of different Countries' economic structures and what they tell us about the post-war Global eceonomy.

If you're after something more big P political and some advice on how to orient yourself in the post Trump/Brexit World then Innuendo Studios on Youtube is a good shout for me.

I could use some advice myself on being less negative .. Probably getting off the Internet would be a good start!
Thank you for taking your time to answer! And thank you for the recommendations, I'll check them out.
 

HeroR

Banned
Dec 10, 2017
7,450
We had a thread with devs saying they really like to watch those, seeing the reactions after their years of hard work. But I guess devs only matter when it suits you. And it's not just them, my surprise was ruined as well, as well as many other's.
Who the fuck says anything about the game flopping?
This thread has more than proven that these posters honestly don't give a damn about the developers. Like no one has been able to answer my question of, "what is the benefit of gamers knowing information that will be fully revealed in 48 hours or less", nor have I have I gotten a response when I gave a real world example of a developer having their game leaked and then torn apart by the internet without them having a way to properly present it because someone wanted fame for being one of the first to leak a Switch exclusive.

That and people who work in marketing are less than human because they work for 'cooperation'.
 

AmbientRuin

Member
Apr 18, 2019
467
We all know how fucked the switch was when it got leaked. No excitement. No one bought one. Real shame. No one will be buying the refresh either im sure.
 

Trice

Banned
Nov 3, 2018
2,654
Croatia
Good, I don't like leaks. Imagine making a game for years and you're finally ready to release it to everyone at once, and then someone hungry for fame and followers leaks it on Twitter days/weeks beforehand.

Imagine Keanu being leaked before the E3 conference. Imagine the Eldenring not being leaked and instead being more of a surprise at E3.

Fuck leakers, wait a week and find out. Hopefully more companies follow Nintendo.
 

andymcc

Member
Oct 25, 2017
15,062
Columbus, OH

HeroR

Banned
Dec 10, 2017
7,450
We all know how fucked the switch was when it got leaked. No excitement. No one bought one. Real shame. No one will be buying the refresh either im sure.
This post is really missing the point. We have developers actually come on here and talked about how leaks hurt, and you can only response with a snark post.

well people love smash but i could have used 25 minutes less of it.
That's fine, but most people loved it. Like, I don't give a rat ass about Metroid, but I'm not going to be butt hurt if Nintendo did a 25 minute breakdown E3 presentation on it because I know people loved Metroid and would enjoy seeing it. And it isn't like Smash stole 25 minutes off the presentation that could have gone to Game A or B.
 

Septimius

Member
Oct 25, 2017
823
Since when is reporting on something breaking the copyright law? If so there would be lawsuits up everyones ass, everywhere.
And yes there is public interest, because people wanna know everything every time and not just in politics but in special interest aswell.
And again yes, it is POSSIBLE, hence the maybe plus Questionmark, that people wanna give their company a big FU and leak something, what else do they gain?
Sure it doesn't change jack shit but eh, if they feel better? That is still their free decision
Not when it breaks the law. Leaking is not reporting.
 

AmbientRuin

Member
Apr 18, 2019
467
Not when it breaks the law. Leaking is not reporting.
Leaking isn't breaking the law unless you are directly related to the company and signed an NDA yourself. Nintendo can get away with this because they know no one is going to spend the millions needed to fight them.
This post is really missing the point. We have developers actually come on here and talked about how leaks hurt, and you can only response with a snark post.
Its a commercial
 

Septimius

Member
Oct 25, 2017
823
It's not copyright infringement, so all your fair use rants are irrelevant. I could post the definition of fraud and it would have about the same relevance as your random walls of text.
It is copyright infringement. Everything someone makes is protected by copyright. If you talk about Game of Thrones, you're talking about someone's copyrighted work. That's copyright infringement. Unless it's fair use. This is very simple, and why I am asking you to simply google what copyright infringement actually is. You believe it is making derivative works, but that's a small part of what it is. I figured DMCA strikes would be a helpful clue to you, but you seem to only be out to making arguments for yourself and completely disregarding everything I'm saying. There's little I can do when someone's factually wrong and refuses to be corrected, so have a nice day.
 

Razor Mom

Member
Jan 2, 2018
2,360
United Kingdom
I’m not sure what you think I was trying to do, so I’m pretty sure I wasn’t trying to do anything. Leaking a game title has nothing to do with the employee condition side of things.
Leaking the existence of a game is devastating for the people who work hard to make sure it's announced in the best possible way, and absolutely has an impact on developers alike. Developers all over have said this time and time again, it's worth listening to them.
 

Septimius

Member
Oct 25, 2017
823
Leaking isn't breaking the law unless you are directly related to the company and signed an NDA yourself. Nintendo can get away with this because they know no one is going to spend the millions needed to fight them.
Leaking is breaking copyright. Particularly the copyright holder's right to first publish, which is a big part of copyright law. The only way a leak isn't copyright infringement is if it's fair use. I've gone over the four factors of fair use in an earlier post in this thread, in case you're interested in seeing it.
 

HeroR

Banned
Dec 10, 2017
7,450
Leaking isn't breaking the law unless you are directly related to the company and signed an NDA yourself. Nintendo can get away with this because they know no one is going to spend the millions needed to fight them.

Its a commercial
A commercial put together by people who spent months planning for this day. Why should their hard work be spoiled because some asshole want to be famous on Twitter? Why should developers who spent years working on a project and looking forward to sharing it on there terms be denied this right because someone want their 15 minutes of fame?
 

Segafreak

Member
Oct 27, 2017
2,756
The industry has too big a problem with this, good on Nintendo taking action. Nothing worse than an incomplete leak screwing the real announcement with all info.

A leak years in advance with some general bullet points is fine, but just days ahead of a reveal is so awful.
 

Septimius

Member
Oct 25, 2017
823
It is. Fair use is an affirmative defense. It means that even if you're copyright infringing, you're allowed to do so. Fair use is a special case of affirmative defense, in the fact that a company must make a prima facie case before it can continue further. When you're talking about GOT with your friends, you're likely providing context or it's otherwise transformative. Along with the other four factors of fair use, it ends up being obvious fair use. It's not really commonly known that that's how copyright works, and that's the way it should be. Fair use is protected in many ways to allow free commentary and criticism. But it's interesting to know that that's how it actually works.
 

Razor Mom

Member
Jan 2, 2018
2,360
United Kingdom
A commercial put together by people who spent months planning for this day. Why should their hard work be spoiled because some asshole want to be famous on Twitter? Why should developers who spent years working on a project and looking forward to sharing it on there terms be denied this right because someone want their 15 minutes of fame?
Because people who work in the games industry aren't real people, they're just bits of plastic that can be assembled to form the logo of their company at a seconds notice. They don't sleep, or eat, and they're full of string.
 

AmbientRuin

Member
Apr 18, 2019
467
Because people who work in the games industry aren't real people, they're just bits of plastic that can be assembled to form the logo of their company at a seconds notice. They don't sleep, or eat, and they're full of string.
Do you feel the same about all commercials or just video games
This is a really unhealthy point of view. Like, when the subtitle for the next Marvel movie leaks a day early, do you think about the guy who thought up the subtitle?
 

Septimius

Member
Oct 25, 2017
823
Wow it's like saying "Pot is prohibited because it's illegal"
How about you show us some cases where the studio/publisher/etc won, against an news outlet, reporting on something that wasn't public by time of their report in the media industry?
I mean, the Watch Tower v Darkspilver/Reddit/EFF case that's ongoing is very relevant to all this. They, however, seem to not be able to establish a prima facie case, but you can see how all of this is applied by watching Leonard French's videos on the matter. He goes over all of this.

- Reddit joins EFF to fight Watchtower/Darkspilver Subpoena
- Judge Kneecaps Watch Tower Subpoena to Reddit
- Why the Judge was WRONG in Watch Tower Subpoena Ruling

EDIT: Summary of the case. Darkspilver posted copyrighted material on Reddit. Watch Tower wants his identity. He doesn't want to give it, because Jehovah's Witnesses are known to shun those that speak out against it. Darkspilver says he posted the copyrighted work to provide commentary. The four factors of fair use have been used in this case, and establish that there's maximum a weak case for this not being fair use. Watch Tower says they need the identity to continue, everyone else says they don't. It's about copyright and published work, and it goes around the workings of how these cases go, what the normal arguments are, and there's a lot of references to Highfield, which is informative.

I mean, you could probably just look up Highfield itself.
 
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AmbientRuin

Member
Apr 18, 2019
467
I feel people who work in my industry, and any industry, don't want their work fucked up by people hungry for internet clicks. Developers keep saying this time and time again, if you want to ignore them, you do you, but leaks absolutely affect people.
So do you think people who get excited about a project theyre working on and leak it to the public are just the worst human beings imaginable?
 

Septimius

Member
Oct 25, 2017
823
No its not or else this site and every single other games journalism website would have been sued into oblivion years ago
No, see, it can also be fair use. But the leak itself may not be fair use. In this case, it's just a leak to leak. That's not fair use. If you leak to provide commentary, that may be covered by fair use.

It seems counter-intuitive, but the law is set up so that everything is copyright infringement, unless it isn't. Outside of the other way around. Again what's called an affirmative defense. That's why it MAY be fair use.
 

BlackJace

The Fallen
Oct 27, 2017
4,262
Acting like game developers are these infallible beings who totally don't have their opinions influenced by the very industry they work is misguided and is honestly making me roll my eyes.

Betraying a companies trust and intentionally leaking confidential stuff is poor behavior, but let's stop acting like it's rational for devs to become blubbering emotional messes because people know what their working on.

Jason is arguing that leaks are in fact news, and we should stop acting like the end product is forever tainted because we missed on a few canned uproarious applauses and Youtube reactions. We're here because we play videogames, right?
 

Chikor

Member
Oct 26, 2017
10,661
A commercial put together by people who spent months planning for this day. Why should their hard work be spoiled because some asshole want to be famous on Twitter? Why should developers who spent years working on a project and looking forward to sharing it on there terms be denied this right because someone want their 15 minutes of fame?
Why should we limit our speech just to make sure that an ad for a product can be as effective that it can be?
I honestly don't understand why that should be something that I should care about on any level, I really don't.
 

Mazzle

Member
Oct 25, 2017
4,390
Germany
I mean, the Watch Tower v Darkspilver/Reddit/EFF case that's ongoing is very relevant to all this. They, however, seem to not be able to establish a prima facie case, but you can see how all of this is applied by watching Leonard French's videos on the matter. He goes over all of this.

Reddit joins EFF to fight Watchtower/Darkspilver Subpoena
Judge Kneecaps Watch Tower Subpoena to Reddit
Why the Judge was WRONG in Watch Tower Subpoena Ruling
I'm asking about cases where you just don't post material that is clearly copyrighted on the internet but TALK ABOUT IT liek Jason Schreier does so many times. Is that so unclear?
 

Vareon

Member
Oct 25, 2017
2,906
If leaking early commercials isn’t a big deal, then the owners of said leak wanted it not leaking is also not a big deal. It’ll be over in what, two days. Not long.
 

HeroR

Banned
Dec 10, 2017
7,450
Do you feel the same about all commercials or just video games
This is a really unhealthy point of view. Like, when the subtitle for the next Marvel movie leaks a day early, do you think about the guy who thought up the subtitle?
Yes. Commercials are hard and requires a lot of research to make sure you reach the right audience, your message is clear, you cover any misunderstanding that could happen, you don't cross into unfortunate Implication, ect. This is doubly hard if you're marketing to a global audience that have different values and cultures.

And leaking the subtitle of an upcoming movie is nowhere near the same as leaking a game, especially a game with a weird premise like Mario with a gun fighting with co-playing Rabbid. The fact that you and others don't seem what to acknowledge the human angle here is really baffling, especially when the people who work in the industry says its harmful and even demoralizing. Instead, we get whataboutthem from defenders who can't answer why should these people hard work be spoiled because someone want fame?
 

Silent

Avenger
Oct 27, 2017
1,342
Does she have a record of leaks? I've never heard of her before this thread. Which kinda makes me annoyed because that's exactly what she wants.
As far as I know, she’s been “leaking” things since last year, but I guess her record was Markus Seller-tier because nobody really cared. It wasn’t until recently she probably came into contact with someone who was very close to E3.

Exactly what I think is going on here. And using the debate of "Are Leaks good or bad for the community?" as a way to extend the e-fame.

What she is doing and leaking are 2 separate things here, and she is using the people who defend leaking to cover for her by trying to legitimize the nonsensical way she is going about it.
Personally I think she’s just very naive. I think she said she decided to leak things because she got tired of the fake leaks getting attention. From this I just imagine she decided to become the “best, most accurate leaker”. That’s why she takes so much pride in her leaks, constantly bragging about how she got this and that right.

As far as the “are leaks good or bad” conversation, I believe there are a couple of layers.

First, I do not think we are entitled to a disclosure of a company’s projects. You’re not “sticking it to the big guy” by leaking information on a video game. You are free to find the information or read leaks at your leisure, but it’s not some noble practice.

Second, video games have developed a culture where being surprised is a big part of the industry, especially when it comes to E3. E3 is treated like a show with an audience. If we want to compare it with movies, it’s no different than being spoiled with the contents of the movie. Except here you are being spoiled with the contents of a show. It may be alien to you, but I don’t think this culture actually hurts anyone, even if I think it can be strange at times.

Third, going off the last point, some of the retaliation against leaks is definitely fueled by fanboyism, at least when it comes to E3. You always want your company to have the best show, and if leaks spoil a surprise that would help that, then naturally you’d be opposed to leaks. This is the part where corporation worship comes into play, I think. This is the point where I feel complaining about leaks or spoilers gets a little silly.

Fourth, however, there is a human element. Leaking demonstrably hurts developers. We have examples of this, yet people continue to ignore it and focus on the corporate side of the issue. As I’ve mentioned before, E3 is like a show, and people work hard to surprise those watching it. I can’t tell you if that’s a good or bad thing (I mean I lean toward the “it’s not hurting anyone to view video games this way” stance), but that’s how things are with video games, and it’s unique in that regard compared to other media. It demonstrably hurts developers when their “surprise” is spoiled. Surprise is as a part of video game reveals as it is things like marriage proposals or a pregnancy. People find joy in surprising others. I would feel bad if a someone had their surprise marriage proposal spoiled because it would feel awful for the man or woman planning the proposal. You want to engineer the surprise yourself, and it would suck if someone out there just told your significant other you were going to propose before you did it. Again, this concept might sound alien to you, but like I said I don’t think video games having this culture is inherently dangerous (this is obviously different when a whistleblower alerts people about working conditions), and the idea of a developer being upset at a spoilt reveal is not hypothetical. We have examples posted here.

Personally, I am not harmed by leaks. If I really wanted to avoid spoilers, I’d just stop going to video game websites. But I do feel bad for the developers. Yes, in the long run, most of the time it doesn’t matter. The game still comes out and sells copies, but have some empathy for the developers who were excited at the idea of surprising you. I’m not saying you shouldn’t leak or read leaks if you want. That’s up to you. But at least acknowledge how leaks can negatively impact people. All of these “it’s just marketing” posts disregard the human element of the industry.
 

HeroR

Banned
Dec 10, 2017
7,450
Why should we limit our speech just to make sure that an ad for a product can be as effective that it can be?
I honestly don't understand why that should be something that I should care about on any level, I really don't.
It's call human emphasis. Something severely lacking around here, which comes off as funny given all the 'think of the developers' posts on this site. But I guess all that is just propaganda to stick it to 'cooperations' since stuff like leaks that developers say hurt gets a 'who gives a damn' reaction around here because leaks are seen as 'good' for the gamer.
 

Septimius

Member
Oct 25, 2017
823
I'm asking about cases where you just don't post material that is clearly copyrighted on the internet but TALK ABOUT IT liek Jason Schreier does so many times. Is that so unclear?
Talking about copyrighted work is nothing different from posting it, in the eyes of the law. So the cases are relevant. In this case, the leaks are written, anyway, so what are you arguing the difference is? I don't mind clarifying.

this... doesn't seem right.
The thing is, it still might be fair use. Fair use is affirmative defense, so first you're kinda found guilty for breaking the copyright –by establishing a prima facie case – then you can affirm your defense via fair use. So while the leak most definitely is copyright infringement, the question is if it's fair use.
 

House_Of_Lightning

Self-requested ban
Banned
Oct 29, 2017
5,048
The fact that you and others don't seem what to acknowledge the human angle here is really baffling, especially when the people who work in the industry says its harmful and even demoralizing. Instead, we get whataboutthem from defenders who can't answer why should these people hard work be spoiled because someone want fame?
The human element is about as authentic as the sassy Wendy's twitter account. Most folks don't give a shit where leaks come from or from who, they just want to know.

People investing this much into video game marketing are a symptom of the overall and severe problem that is toxic gaming culture.