Yah this won't hold up in court. Parody laws protect the users. Now all parody has to be funny. So too bad MS, not going to work.
New Game Content Usage rules bar content creators from making money from their creations through YouTube, Vimeo, other destinations.
Microsoft has released new Game Content Usage Rules for games published by Microsoft Studios. Games such as Halo, Fable, and Age of Empires are under these restrictions, which prohibit content creators from receiving revenue from their creations.
The new rules state content creators cannot receive money in exchange for their work, post it on sites that requires subscription fees to view it, or post it on a page that is used to sell other content or services (even if they have nothing to do with that game or Microsoft). Content can also not be used in an app that is sold any of the numerous app stores.
Microsoft also explicitly stated that content creators may not earn money off advertisements from videos including Vimeo and YouTube, specifically noting YouTube's partner program will not be allowed. Users also cannot post their videos on websites next to advertisements if they are making money off of those advertisements.
Other rules include not being allowed to use the name of a Microsoft game in the titles of their content. "Red vs. Blue." and "Operation Chastity" are examples given as being acceptable, but nothing with “Halo” specifically noted is acceptable.
These rules come just a month before Halo 4's November 6 release date, a franchise which has seen a plethora of content created around it. This includes companies such as Major League Gaming and Rooster Teeth's Red vs Blue. MLG CEO Sundance DiGiovanni took to Twitter this morning to state that the company has usage rights for the upcoming title and games that are run on their professional circuit.
Several professional Halo players and YouTube personalities have also used Twitter to voice their frustration. Tom “Tsquared” Taylor tweeted, “If this is true, it will put a serious damper on all streaming & montage opportunities + console eSports in general.” A Twitter petition with nearly 700 signatures in an hour since being created. GameSpot has reached out to Microsoft for comment.
The glaring problem is what IS and ISN'T covered. For instance, if a user posts gameplay on Youtube but doesn't make money off of it, is it still illegal because Youtube will be making money off of it? Or if a machinima is made, can it not be put onto any websites in case those websites profit from it? Does RvB, who makes t-shirts and mugs promoting their items, cease their merchandise? Do web-comics count? And is the universe of Halo covered? Does that mean wikias can't post, nor can fanfiction be made?
The rules are so overreaching that it's a wonder it even was placed.
"Darn, even with the new model of PS3 we're still making money! Quick, come up with something else to make us lose money!"
So, "Red vs. Blue" is ok as a TITLE, but what about them making money off of their videos? I guess they have specific permission to sell their content based off of Halo games?
so what about sites like gamespot but are smaller? they gotta go up and phone microsoft and ask to be able to make money? but then what happens if they give their game a bad review.. haha
@akdiuuuryttt I think reviewers are in a different category. and a lot of the review sites get either exemption from this or permission.
I capture gameplay footage with a capture card and upload it to Youtube. I don't make money off it so I should be fine. But the part that I really don't get is where is says you can't use the title of the microsoft game. So I can't use the title "Halo 4 Gameplay" or does that only affect people who make money off videos?
@con100 i believe that is for people who make original stuff based on existing things, such as machinima. however i could be wrong. i would imagine using things such as halo 4 gameplay after its out would not really matter.
I don't really know and honestly don't really care, but if you post content on youtube and don't make money off of it, isn't that ok? I mean you don't have to pay to see a users videos so the user doesn't make money off micrsoft or halo. Just asking.
Also what ads are people getting angry about on xbox live? I know there is the one on the bottom right corner which is mute unless you scroll over it, but everything else is just letting you know what you can access on the console. That is how I found out games like Mark of the Ninja and Dust:AET were out to buy or download a trial. I don't see the problem with that. If something doesn't interest me I ignore it. I mean how long are you on the dashboard, aren't you accessing some app or game in a matter of minutes if not seconds?
Well since most serious modders do not charge for there work anyway (and under copyright law cannot unless the only thing being used is an game engine), i dont see this being anything major, the one factor though is that many modder websites are supported by adds to pay server fees without this support many modding communities will have a hard time functioning.
The majority of my gaming friends have already said so long as the PS3 successor has a party or group chat system (in our opinion the one serious flaw with the PS3.) we will all switch from Xbox, as the way things are going its becoming a Microsoft owned spam center that actually charges is user-base to view adds that M$ then make a profit on.
This system could also be explained as a way of killing any form of bad publicity they chose as only websites that "support" a product would be allowed to show reviews or other potentially negative feedback, and as far as im aware it is illegal to control a market share like that.
Can we get free xbox fucking live now, I'm sure all those bazillion ads on the dashboard more than cover that shit. Muthafuckas, If the ps4 isn't weighed down by sony like the psvita was and doesn't cost $600 I might consider getting that over the xbox 720. Microsoft hasn't been getting any new exclusives anymore, their focusing too much on kinect, and having us pay for xbox live while spamming the dashboard with ads is the icing on the cake if you ask me
What Microsoft should be doing is running an app store type of ecosystem where modders should be able to sell their maps etc for a small fee. Then sit back and watch the xbox's fly out of the factory along with copies of games with modding tools. Releasing development tools is one thing, but getting heavy handed with user created content is just silly. The great thing about gaming these days is that it's such a collaborative effort, not just in a multiplayer sense, but between the gamer and the developer, this needs to be expanded not locked down. This smacks of a decision made by a management level in Microsoft that actually doesn't understand community. I wouldn't be surprised if there are some in Microsoft, closer to the gamers, that are fighting hard to overturn this. They need to realise that if you're good to the gaming community then the goodwill you can generate for your platform can be awesome. In short, throw it wide open Microsoft, you'll be pleased with what you get in return.
Well less face time means less people will see their games. Microsoft is just undermining their sells. I bought CoD MW 2, Way of the Samurai 3, Cortex Command, FTL Faster Than Light, Minecraft, Tropico 3, Terraria, Space Pirates and Zombies, Battlefield: Bad Company 2, Rune Factory: Tides of Destiny,and Havest Moon Animal Parade because I saw them on YouTube. Those are just off the top of my head and not counting the games I want to buy, but can't due to a crappy PC.
If Microsoft thinks they can do better go for it. I know it's going to cost them many times more just to get marketing to do a very small fraction of the work of that YouTubers do. I prefer to see a player just playing the game, but hey the quality is better right? So what if I never see it.
Microsoft fails to see these fans are just doing the work for them, for next to no money. It's just like why my niece can't have a Spongebob Squarepants cake for her birthday.
Fable, and Age of Empires... so.... who plays those now anyway??? And just because of that. Even though I dont currently play any Xbox at moment or making profit either. Just the fact they are shafting us, just makes me not want to support their content.
wow...microsoft just shafted their gamers making a bit of money posting halo gameplay. so i guess you aren't going to get tips for halo 4 mp on youtube then?
I'm actually surprised that this doesn't already exist. Not that I support it, but I would have thought that Microsoft would have initiated this program years ago. I don't see how they can get away with doing this for titles that are no longer actively worked on (AOE2 for example). I mean don't players have to sign a consent (accept terms) when they install a game?
load of crap if i want to play perfect dark and record it for future tracking of scores and such , i will ms can stick their halo up their rear
Wow. no video reviews if its a paid subscription to the site... or has advertisements on it. Spectator mode is now useless since Halo battles can't be used for anything. I suppose gamespot will need to remove their advertisements if they want to show any footage whatsoever of Halo 4.
@Phazevariance oh come on, dont be so dramatic.
The agreement is for users showcasing footage and making money off it. Game reviewers like gamespot, joystiq, IGN will in no way be affected because they get permission to use footage anyways.
Most people are not going to be even affected by this. Honestly i think the article is only here because people would b**** if it wasn't.
It's like Microsoft is trying to outdo Sony in who's the biggest scumbag console corporation that's completely out of touch with their customers.
They are only talking about people making money off the use of MS stuff. Motages and whole bunches of things are still perfectly fine, Youtube is still fine as long as you arent making money off it.
A lot of this still borders on copyright infringement when you start making money off of other peoples products anyways. This is just to tie up loose ends. Almost no fan videos will be affected by this.
And for the record, RedvsBlue have a contract with 343 to use the halo stuff anyways so it does not apply to them.
So it means we won't be seeing quality content like the famous Red vs Blue anymore, Microsoft...you are really really stupid.
Now that is really really bad, User content takes time, dedication which can be paid off by money. Sometimes good content developers need cash to create quality content, that not only makes game better, but Microsoft can also get good will and support for the game they want. Why on earth they are against this, no idea...
So wait, if I make a recording of Halo 4, then post it on a Gamespot forum that has ads on the tops and sides, I could be getting sued by Microsoft? What kind of bullhonkey is this?
@KBABZ If I'm reading the article correctly, it's just saying that you can't post the video on a site if *you* are making money off of the advertisements. Unless Gamespot is giving you a cut from its ads, you're probably fine.
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