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Splicer
Oct 16, 2006

from hell's heart I cast at thee
🧙🐀🧹🌙🪄🐸

TheDiceMustRoll posted:

I've met an enormous amount of people who basically view "wargaming" as "warhammer" and else is just weird and strange to them. I can't tell if it's a weird sunk cost thing
It's the same brand recognition issue as D&D but worse. Warhammer has big branded displays and video games and has all the memes and is the one everyone else plays. People know about warhammer who've never heard of miniature wargaming.

And while at least with RPGs you can try something new at the cost of a pdf + maybe some extra dice + three friends willing to try something new for free, if you want to get into a new wargame everyone involved will need a bunch of money and shelf space and time and also you might suck at it.

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Yvonmukluk
Oct 10, 2012

Everything is Sinister


Kurieg posted:

The guys who make "If the Emperor Had a Text To Speech Device" are ceasing to make "If the emperor had a text to speech device" because games workshop is implementing some weird first party streaming service while also implementing draconian fanwork laws for things that don't involve their first party streaming service, and while TTS is almost certainly fair use, they do not have the time or money to actually fight that in court, and asking Games Workshop if they're cool with them continuing to make TTS would just result in them becoming aware of it, and probably demonetizing the channel and shutting down their patreon. So they're going to keep their style and gimmick but move onto other properties that are more welcoming to fan works. They aren't ruling out moving back to games workshop but it would require concrete evidence that they're okay with fanworks again.
So GW didn't send TTS a Cease & Desist but they're pulling their content preemptively? Wouldn't they be legally in the clear until that actually comes down, since if they actually ceased when GW told them to with a C&D, then GW can't sue?

I'm a bit confused why they've apparently taken the stance 'if we ask GW if it's OK to make our parody series, they might find out about us!' stance though. I'm pretty sure they already know about you, guys! You're some of the most prominent 40k fan content!

Goa Tse-tung
Feb 11, 2008

;3

Yams Fan

Yvonmukluk posted:

So GW didn't send TTS a Cease & Desist but they're pulling their content preemptively? Wouldn't they be legally in the clear until that actually comes down, since if they actually ceased when GW told them to with a C&D, then GW can't sue?

I'm a bit confused why they've apparently taken the stance 'if we ask GW if it's OK to make our parody series, they might find out about us!' stance though. I'm pretty sure they already know about you, guys! You're some of the most prominent 40k fan content!

simply by going off his words: he seems to be extremely afraid that it won't be a simple C&D, he simply can't risk even the little chance of disaster

Hunter Noventa
Apr 21, 2010

Yvonmukluk posted:

So GW didn't send TTS a Cease & Desist but they're pulling their content preemptively? Wouldn't they be legally in the clear until that actually comes down, since if they actually ceased when GW told them to with a C&D, then GW can't sue?

I'm a bit confused why they've apparently taken the stance 'if we ask GW if it's OK to make our parody series, they might find out about us!' stance though. I'm pretty sure they already know about you, guys! You're some of the most prominent 40k fan content!

In addition, they're only stopping production, the old stuff will be staying up until someone tells them it has to come down.

That Old Tree
Jun 24, 2012

nah


I think it's pretty reasonable to believe that when a corporation starts more aggressively policing fan work, if they turn their eyes to a YouTuber, they're not going to send a polite letter. They're going to claim three of your videos, and wouldn't you know that's three copyright strikes on your channel and now it gets to rot in YouTube purgatory.

vkeios
May 7, 2007




btw if no one has seen this. GW specifically called out fan animations as being not allowed.

quote:

Fan-films and animations – individuals must not create fan films or animations based on our settings and characters. These are only to be created under licence from Games Workshop.

Tarnop
Nov 25, 2013

Pull me out

Hasn't GW done all this before, completely alienating its fan base? Wasn't a large part of the GW renaissance down to new management coming in with a more welcoming attitude towards fan works?

Kurieg
Jul 19, 2012

RIP Lutri: 5/19/20-4/2/20
:blizz::gamefreak:

Yvonmukluk posted:

So GW didn't send TTS a Cease & Desist but they're pulling their content preemptively? Wouldn't they be legally in the clear until that actually comes down, since if they actually ceased when GW told them to with a C&D, then GW can't sue?

I'm a bit confused why they've apparently taken the stance 'if we ask GW if it's OK to make our parody series, they might find out about us!' stance though. I'm pretty sure they already know about you, guys! You're some of the most prominent 40k fan content!

His logic was basically: GW is a siloed company, he highly doubts that the actual warhammer 40k people made this decision, it was a decision made by their Legal department. He just had a kid, and is the main breadwinner for his family. He does not feel comfortable risking his child's wellbeing on Games Workshop not being litigious.

Comstar
Apr 20, 2007

Are you happy now?

vkeios posted:

btw if no one has seen this. GW specifically called out fan animations as being not allowed.

This is indefensible, and objectively wrong for the brand and the company. GW does not care, ad neither I'm sure, will their shareholders. But it's a bad choice and it's the wrong choice. Other companies, including DISNEY don't do this (well, yet).

Splicer
Oct 16, 2006

from hell's heart I cast at thee
🧙🐀🧹🌙🪄🐸
Imagine if WotC started banning unlicensed AP streams

Mors Rattus
Oct 25, 2007

FATAL & Friends
Walls of Text
#1 Builder
2014-2018

Comstar posted:

This is indefensible, and objectively wrong for the brand and the company. GW does not care, ad neither I'm sure, will their shareholders. But it's a bad choice and it's the wrong choice. Other companies, including DISNEY don't do this (well, yet).

Disney absolutely does do this if you even think of trying to monetize their trademarks.

moths
Aug 25, 2004

I would also still appreciate some danger.



GW was obviously letting TTS run unimpeded, then the guy shot himself in the dick and his fans blamed GW.

I mean their lawyers just went after a kickstarter for IP infringement, and that was only up for only a few weeks. Does anyone think they were unaware of TTS?

I'm like 80% sure this policy is only meant to be selectively enforced - likely when certain lines are crossed. That doesn't seem to be sinking in anywhere, though. It's a good policy to have when the "content" is hateful pepe memes using your brand.

If they're not applying it against you, it's probably not because they haven't noticed you yet.

Pickled Tink
Apr 28, 2012

Have you heard about First Dog? It's a very good comic I just love.

Also, wear your bike helmets kids. I copped several blows to the head but my helmet left me totally unscathed.



Finally you should check out First Dog as it's a good comic I like it very much.
Fun Shoe

Yvonmukluk posted:

So GW didn't send TTS a Cease & Desist but they're pulling their content preemptively? Wouldn't they be legally in the clear until that actually comes down, since if they actually ceased when GW told them to with a C&D, then GW can't sue?

I'm a bit confused why they've apparently taken the stance 'if we ask GW if it's OK to make our parody series, they might find out about us!' stance though. I'm pretty sure they already know about you, guys! You're some of the most prominent 40k fan content!
Lawsuits are extremely expensive and powerful companies are perfectly willing to abuse mechanisms such as the DMCA to send takedowns to Youtube which is obligated, by the law, to act on them (This doesn't make Youtube management less lovely).

Basically, GW could file a takedown, the victims file a counter notification which might get the video restored and the strike removed (Youtube is not actually required to restore content taken down by a false DMCA claim). This is just the fuckery they can cop on youtube.

They can be actually sued over it, and what I read here suggests that GW is the kind of lovely company who would do just that. If that happens it will last a few years and cost 30-100k+ depending on how long it goes. For small creators, this is just far too much money and it doesn't matter that they can get most of their costs back if they win because they can't afford to go that deep in the hole. They might be able to get it dismissed under an anti-SLAPP but if that doesn't work they are hosed and likely bankrupt. And it will still cost a bunch of money.

Kurieg
Jul 19, 2012

RIP Lutri: 5/19/20-4/2/20
:blizz::gamefreak:
So this guy should just risk his livelihood and his family's livelihood on games workshop continuing to allow him to exist?

Terrible Opinions
Oct 18, 2013



moths posted:

GW was obviously letting TTS run unimpeded, then the guy shot himself in the dick and his fans blamed GW.

I mean their lawyers just went after a kickstarter for IP infringement, and that was only up for only a few weeks. Does anyone think they were unaware of TTS?

I'm like 80% sure this policy is only meant to be selectively enforced - likely when certain lines are crossed. That doesn't seem to be sinking in anywhere, though. It's a good policy to have when the "content" is hateful pepe memes using your brand.

If they're not applying it against you, it's probably not because they haven't noticed you yet.
Oh don't worry this policy that explicitly says we will get rid of your source of income won't be used against you. We just need it to be standing policy for us to be able to do you in at any time.

moths
Aug 25, 2004

I would also still appreciate some danger.



Kurieg posted:

So this guy should just risk his livelihood and his family's livelihood on games workshop continuing to allow him to exist?

He'd be doing that by hitching his livelihood to any IP he doesn't own (or public domain.)

E:

Terrible Opinions posted:

Oh don't worry this policy that explicitly says we will get rid of your source of income won't be used against you. We just need it to be standing policy for us to be able to do you in at any time.

Yes? That's what he had instead of a license, and it was apparently working fine.

moths fucked around with this message at 14:53 on Jul 30, 2021

Halloween Jack
Sep 12, 2003
I WILL CUT OFF BOTH OF MY ARMS BEFORE I VOTE FOR ANYONE THAT IS MORE POPULAR THAN BERNIE!!!!!
What did the Arch Warhammer guy actually do that was controversial?

Kurieg
Jul 19, 2012

RIP Lutri: 5/19/20-4/2/20
:blizz::gamefreak:

moths posted:

He'd be doing that by hitching his livelihood to any IP he doesn't own (or public domain.)

E:

Yes? That's what he had instead of a license, and it was apparently working fine.

It was working fine, but then they changed things earlier this year, and are implementing a competing content service.

I wouldn't be comfortable skating on like nothing had changed either.

Mors Rattus
Oct 25, 2007

FATAL & Friends
Walls of Text
#1 Builder
2014-2018

Halloween Jack posted:

What did the Arch Warhammer guy actually do that was controversial?

Be a literal Nazi.

Terrible Opinions
Oct 18, 2013



He's a white nationalist who regularly makes videos about diversity being bad or lies about real world politics particularly right wing terrorism. He ironically WOULD NOT be impacted by this policy at all because he doesn't make fan animations or anything of similar content. He's one of those channels that just talked about warhammer and warhammer related media a lot.

So it can't even be said the new policy was in response to Arch.

Nuns with Guns
Jul 23, 2010

It's fine.
Don't worry about it.

Halloween Jack posted:

What did the Arch Warhammer guy actually do that was controversial?

Like the others have said, he's a straight up fascist. He's pretty much the Jeremy Hambly/TheQuartering of Warhammer: someone so repugnant the generally "apolitical" parent company he's hitched his social media branding to has specifically singled him out to ban and remove from the community.

Mors Rattus
Oct 25, 2007

FATAL & Friends
Walls of Text
#1 Builder
2014-2018

This absolutely isn’t a rule change about him, though, since…well, he got his own targeted message some time ago saying he was no longer welcome specifically.

Warthur
May 2, 2004



moths posted:

GW was obviously letting TTS run unimpeded, then the guy shot himself in the dick and his fans blamed GW.

I mean their lawyers just went after a kickstarter for IP infringement, and that was only up for only a few weeks. Does anyone think they were unaware of TTS?

I'm like 80% sure this policy is only meant to be selectively enforced - likely when certain lines are crossed. That doesn't seem to be sinking in anywhere, though. It's a good policy to have when the "content" is hateful pepe memes using your brand.

If they're not applying it against you, it's probably not because they haven't noticed you yet.
From GW's perspective, it makes sense to put out a policy which is actually more restrictive than they actually intend to be in practice. If you put out this sort of policy which says "you can do fanworks, but don't do X, Y, or Z" and then someone puts out a fanwork which indeed does not do X, Y, and Z, but they did W, and W is extraordinarily bad/harmful/annoying and you want to stop it, it can be difficult to then enforce your rights against that fanwork because if it goes to court the fanwork creator can say "Hey, they put out a policy saying I had permission to do fanworks so long as I didn't do X, Y, or Z, none of which they allege I am doing, this is hosed." And they'd have a point! So when you write this sort of policy you include everything you think you might, at a stretch, want to push back against and selective enforcement should be 100% expected.

Note that the policy has an e-mail address to send infringements to, and every single category has a clause about not hurting the reputation or goodwill of the brand. So I say tell the infringement team about any fascist 40K memes you see. Worst case scenario, you give them a sufficiently busy inbox that more benign fanworks have an incrementally greater chance of flying under the radar, due to all the noise on the radar about fascist memes. Best case scenario, some chuds get sued. (Fash will almost certainly use the e-mail to send in bad-faith reports targeting creators they dislike, so not doing this in effect lets the fash send up this flack about their targets without pushing back.)

moths
Aug 25, 2004

I would also still appreciate some danger.



I think arch was a wake-up call that the "community" was outside of their control.

Kurieg posted:

It was working fine, but then they changed things earlier this year, and are implementing a competing content service.

I wouldn't be comfortable skating on like nothing had changed either.

Yeah the new policy definitely shook things up, but I think if TTS (or anyone) wasn't in the first wave of takedowns they were probably in the clear. Nobody would mistake TTS for official content, and that seems like one of the primary intents here.

To use a rough analogy, this reminds me of those "no air freshener" laws. Plenty of folks drive aound with air fresheners on the rear-view mirror and never get pulled over. There's no law against ACAB and Grateful Dead / pot leaf bumper stickers. But cover your car with drug culture and anti-establishment stickers, and you'll absolutely get stopped "for the air freshener."

Terrible Opinions
Oct 18, 2013



moths posted:

I think arch was a wake-up call that the "community" was outside of their control
Then why create a policy that wouldn't even remotely apply to him?

moths posted:

Yeah the new policy definitely shook things up, but I think if TTS (or anyone) wasn't in the first wave of takedowns they were probably in the clear. Nobody would mistake TTS for official content, and that seems like one of the primary intents here.

To use a rough analogy, this reminds me of those "no air freshener" laws. Plenty of folks drive aound with air fresheners on the rear-view mirror and never get pulled over. There's no law against ACAB and Grateful Dead / pot leaf bumper stickers. But cover your car with drug culture and anti-establishment stickers, and you'll absolutely get stopped "for the air freshener."
Didn't think I'd see someone defending the idea that GW don't ruin someone's livelihood, because it's similar to a way cops abuse their power.

moths
Aug 25, 2004

I would also still appreciate some danger.



What makes you think explaining is defending?

mellonbread
Dec 20, 2017

moths posted:

GW was obviously letting TTS run unimpeded, then the guy shot himself in the dick and his fans blamed GW.
...Yes? "Games Workshop bans fan films" is definitely something I would blame Games Workshop for.

Terrible Opinions
Oct 18, 2013



moths posted:

What makes you think explaining is defending?
This whole convo started with you saying it was unreasonable for someone to think GW might ruin them for no reason, as though that wasn't a perfectly reasonable fear.

moths
Aug 25, 2004

I would also still appreciate some danger.



Terrible Opinions posted:

This whole convo started with you saying it was unreasonable for someone to think GW might ruin them for no reason, as though that wasn't a perfectly reasonable fear.

Dude built his house on someone else's property, that's always going to be a threat. What I said was that if they didn't take him down in the YEARS he's lived there, or the week since the announcement, they're aren't likely to do it soon. They went after an AoS KS that stepped on their IP instantly.

He has a lot of other options. Her could have changed format to another game or original characters, or he could draw his own version of the characters he's lampooning. But he didn't - presumably because GW's IP is central to his product, and I think that's the elephant in this room.

It's hosed that you spun "I'm trying to describe this" into "I support this (and also police harassment.)" I don't know how that fits into this discussion.

90s Cringe Rock
Nov 29, 2006
:gay:

moths posted:

He has a lot of other options. Her could have changed format to another game or original characters, or he could draw his own version of the characters he's lampooning. But he didn't - presumably because GW's IP is central to his product, and I think that's the elephant in this room.
That's what he's doing though?

Kurieg
Jul 19, 2012

RIP Lutri: 5/19/20-4/2/20
:blizz::gamefreak:
Yeah, he's changing to his own characters and/or IPs that are more open to fanworks. And he specifically mentions the Stellaris video they did as something that shows that there's a future for them doing that.

I have no idea why you're being hostile to the guy realizing that there's a problem, and has been a problem, and course correcting rather than continuing on because "Sure there was always a problem but it hasn't blown up on him yet."

moths
Aug 25, 2004

I would also still appreciate some danger.



Oh, I couldn't make it through the video and was going off a summary I read. Good for him, then.

Kurieg
Jul 19, 2012

RIP Lutri: 5/19/20-4/2/20
:blizz::gamefreak:
I posted a summary upthread dude including what he's planning on doing in the future

Leperflesh
May 17, 2007

To be 100% clear, dude made a parody series of youtubes, which was and remains protected by fair use laws, he is not doing anything illegal.

If he made a bad choice, it was choosing to act as though his legal rights would be protected by either the platform he was using, or by the legal system in general, without jeopardy of a ruinously expensive lawsuit. And that's a condemnation of our legal and political systems, not of his actions.

Puppy Time
Mar 1, 2005


Honestly, the modern concept of intellectual property is extremely unusual in light of how creativity has worked since the first hominin started flaking bits off of rocks. There wasn't really much of a concept of it until after the printing press was invented and it became really easy to copy books. Before then, things like ideas weren't considered to belong to a single person in particular, and what we consider fanwork was just regular artwork.

While I wouldn't strongly argue against letting people have financial control over their own work these days, it definitely goes against the way that creativity works in humans.

This isn't really an argument against much I just like taking the opportunity to babble about fanwork :words:

Splicer
Oct 16, 2006

from hell's heart I cast at thee
🧙🐀🧹🌙🪄🐸
Dude had a sword of Damocles hanging over his head from the start despite being in the right. GW stated they were investing heavily in scissors so he decided to go sleep somewhere else. This is not weird.

Haystack
Jan 23, 2005





If was managing GW's legal and PR, I'd probably make a goodwill effort to reach out to the TTS people and try to work out some sort of legal agreement. Maybe a an actual license, or maybe just some sort of acknowledgement that TTS is a fair-use parody work. Just something to diffuse the situation and keep GW looking reasonable.

neonchameleon
Nov 14, 2012



Terrible Opinions posted:

Then why create a policy that wouldn't even remotely apply to him?

GW have already made their opinions on the Youtuber formerly known as Arch Warhammer clear. And that's that they can't prevent him making bad lore videos, being a terrible person, or even bringing the ways he's terrible into his lore videos. But that they can and will prevent him using any part of their IP in the branding of his channel. Which means he's now just Arch and had to change his logo.

LashLightning
Feb 20, 2010

You know you didn't have to go post that, right?
But it's fine, I guess...

You just keep being you!

Splicer posted:

Dude had a sword of Damocles hanging over his head from the start despite being in the right. GW stated they were investing heavily in scissors so he decided to go sleep somewhere else. This is not weird.

I think even calling it a "Sword of Damocles" is looking unfairly negatively on him. GW have installed the Sword over his bed and are loudly "ahem-aheming" while flipping through the latest issue of Scissors Monthly.

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Terrible Opinions
Oct 18, 2013



neonchameleon posted:

GW have already made their opinions on the Youtuber formerly known as Arch Warhammer clear. And that's that they can't prevent him making bad lore videos, being a terrible person, or even bringing the ways he's terrible into his lore videos. But that they can and will prevent him using any part of their IP in the branding of his channel. Which means he's now just Arch and had to change his logo.
Yeah I get that, it just seems silly to think that GW forcing fan animations onto a first party streaming platform is a response to people making lore videos? It's not even forcing lore video people who use their ip onto the first party platform. All of arch's non-racist contemporaries are staying on youtube.

Really it just seems to like a way to fully consume projects like the Astartes animation without having to reach out to them individually like they ended up doing for Astartes. A more aggressive DM's Guild.

Terrible Opinions fucked around with this message at 19:59 on Jul 30, 2021

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