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Video Game Movies "Not Creative Expression"

GamePolitics is one of many that is reporting on the impending removal of video game movies from the video hosting site Vimeo. While they have agreed to leave machinima alone, all walk-throughs, strategy videos, pvp battles, raids, etc, will be deleted on September 1st. "The Vimeo staff does not feel that videos which are direct captures of video game play truly constitute 'creative expression.' Further, such videos may expose Vimeo to liability from the game creator(s), as we have already seen action from popular video game companies against videos such as these... Gaming videos are by nature significantly larger and longer than any other genre on Vimeo ..."

45 of 134 comments (clear)

  1. Leeeeroy Jenkins! by jollyreaper · · Score: 4, Funny

    Just sayin'.

    --
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    1. Re:Leeeeroy Jenkins! by JJNess · · Score: 2, Insightful

      Wonder how many companies actually care about video clips of their games being posted online? Seems like great publicity for them, and a good way to see how a game plays for someone who hasn't bought it yet. DNRTFA

    2. Re:Leeeeroy Jenkins! by gblackwo · · Score: 3, Funny

      I for one did not know LJ was staged. You've just ruined it for me. Much like Santa Claus, the Easter Bunny, Tooth Fairy, and of course WWF.

    3. Re:Leeeeroy Jenkins! by faloi · · Score: 2, Insightful

      The linked article doesn't mention anybody specific, and my care level is far too low to do any research on my own. I would be curious to see what companies really care. Certainly some companies, likes Games Workshop, have a pretty draconian policy toward fan created materials on-line...but I haven't heard of Blizzard throwing a fit about raid videos.

      The "not creative" part doesn't jibe for me, either. I've seen some raid videos set to music that are at least as creative as the latest spewage on TV.

      --
      "It is a miracle that curiosity survives formal education." -Albert Einstein
    4. Re:Leeeeroy Jenkins! by Alzheimers · · Score: 4, Funny

      I always wondered about those shifty World Wildlife Fund people...it always seemed too good to be true, and now I know it was.

    5. Re:Leeeeroy Jenkins! by Spy+der+Mann · · Score: 5, Insightful

      What about Red vs. Blue?

      Also, I'm thinking of personal feats like speedrunning. I mean, sure, it's creative expression see how you ride your bike and do a sommersault etc., but it's not when you do an amazing feat in your favorite videogame (specially modded games, like Mario Frustration)?

      These guys just gotta be kidding.

    6. Re:Leeeeroy Jenkins! by The+Ultimate+Fartkno · · Score: 4, Funny

      What, you think pandas are real? C'mon, man. Everybody knows a black bear dipped in bleach when they see one. That stuff is faaaaaaake, dude!

    7. Re:Leeeeroy Jenkins! by D'Sphitz · · Score: 2, Insightful

      They're shooting themselves in the foot here. I imagine it's hard enough to compete with YouTube as it is, excluding a very popular and growing genre is just suicide. I imagine they'll about-face in the not too distant future when they realize how stupid this was.

    8. Re:Leeeeroy Jenkins! by kat_skan · · Score: 2, Interesting

      Another good example would be those self-playing Super Mario World levels. They're nothing but gameplay, but obviously qualify as "creative expression".

    9. Re:Leeeeroy Jenkins! by Dolohov · · Score: 3, Insightful

      They're not shooting themselves in the foot if this avoids lawsuits. It'd take an awful lot of ad views to make up for the costs of litigation.

    10. Re:Leeeeroy Jenkins! by mastershake_phd · · Score: 3, Insightful

      I know I have regularly looked for youtube vids of real in game play of games I'm considering buying.
      --
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    11. Re:Leeeeroy Jenkins! by Anonymous Coward · · Score: 2, Interesting

      Blizzard has a video capture feature integrated into the World of Warcraft Mac client.

  2. Good Point. by kellyb9 · · Score: 5, Insightful

    Because if gamers saw the actualy game play from the absolute garbage developers are putting out, they'd never buy games.

    1. Re:Good Point. by Danse · · Score: 2, Insightful

      I think that's the same reasoning people use to defend stealing movies and music. Apparently, everything is garbage nowadays. Music, games, movies, television, everything sucks ass. Is there anything in existence that you do like?

      It's not that people steal what they don't like. It's the idea of "try before you buy" that motivates a lot of people to download a copy first. It's not that everything is crap really. It's that you can't trust the publishers or reviewers out there, cause they're in a symbiotic relationship with the goal of selling as much as possible. Things like this ban of user-created gameplay footage just makes things worse. The tendency of many console gamers to buy whatever happens to be on the cover of a magazine this month contributes as well.

      --
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  3. It's their site. by Lilith's+Heart-shape · · Score: 4, Insightful

    Vimeo owns the site; they can do what they want with it. What's the big deal?

    1. Re:It's their site. by Hairy+Heron · · Score: 5, Insightful

      Vimeo owns the site; they can do what they want with it.

      And they can also be criticized if they make decisions that their users don't like.

    2. Re:It's their site. by philspear · · Score: 4, Funny

      Careful, CNN and the other "news" channels will copy this as an excuse to stop reporting on stories they think you're not interested in (which it's hard to show an interest in stories they don't run...)

      I can see it now:
      "In foreign news: nothing. All countries did their own thing, mind your own damn buisness! Here's the latest haircut Brittney got!"

    3. Re:It's their site. by nobodyman · · Score: 2, Insightful

      I don't think anyone's arguing otherwise. Honestly, I think the only hubbub is over the whole "Not creative expression" bit. I think that they are much more concerned with dealing with copyright issues and the fact that these game videos tend to be quite long. They should have kept it at that, and left out the perceived slight to gamers.

    4. Re:It's their site. by Hairy+Heron · · Score: 3, Insightful

      So then why even make your post where you implicitly suggest such a thing. By the very fact that you say: "they can do what they want with it. What's the big deal?" you are trying to make it seem as if they are above any criticism. Otherwise why would you have even made the post?

  4. "Vimeo"? Who? by Haeleth · · Score: 5, Insightful

    Never heard of them. Wake me up when significant sites like YouTube start doing things like this...

  5. Rent console games before you buy them. by Lilith's+Heart-shape · · Score: 2, Interesting

    Because if gamers saw the actualy game play from the absolute garbage developers are putting out, they'd never buy games.

    This is why I rent console games. If it sucks, I'm out a rental fee. If I like it, I'll send back the rental copy and buy one of my own. Of course, you don't have that option for Wintendo games, but that's not my problem. :)

    1. Re:Rent console games before you buy them. by Nightspirit · · Score: 5, Insightful

      Blockbuster should institute something where if you rent a game and like it, you can apply the rental price to the purchase price, although I don't know if that would cut too much into their margins. It would make me much more likely to rent a game from Blockbuster though before purchasing it.

    2. Re:Rent console games before you buy them. by Lilith's+Heart-shape · · Score: 2, Informative

      I use GameFly, which works on a Netflix-style model. They have plans where, for a monthly fee, you can have one to four games out at a time. If you like a game, and it's listed as for sale, you can keep buy it used from GameFly. They'll send you the case and the manual. I've done this with Mass Effect and Soul Nomad and the World Eaters (it's Ogre Battle on crack).

      The turn-around time is about five days, in my experience, and once in a while GameFly will send a disk that's had the everloving hell scratched out of it, but GameFly is good about handling defectives. You can report a defective disk at their site, and they'll let you choose between having a new one sent out right away, or having the next game in your queue sent out.

  6. Re: Video Game Movies "Not Creative Expression" by CopaceticOpus · · Score: 5, Funny

    I can't be the only one who read the title and expected a story about Uwe Boll...

  7. Just lost respect for Vimeo... by SanityInAnarchy · · Score: 5, Insightful

    It's called a takedown notice. That should shield you from any liability -- if the creators care, they send you a notice, and you make the video go away. Problem solved.

    Of course, the real reason is:

    Gaming videos are by nature significantly larger and longer than any other genre on Vimeo ...

    Really? Have they not seen Wormtooth Nation?

    But there you go -- they're not really afraid of litigation. They're afraid of file size...

    --
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  8. The real reason by elrous0 · · Score: 3, Interesting

    The "these do not truly constitute creative expression" bit is just a cop-out for them to save face. They just don't want to come out and say "The only reason is that we're afraid of getting sued by the game companies and we're a bunch of poor pussies who can't afford lawyers. So please stop investing in us now that you know we're too poor to withstand even a small lawsuit."

    --
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    1. Re:The real reason by Anonymous Coward · · Score: 2, Informative

      They just don't want to come out and say "The only reason is that we're afraid of getting sued by the game companies and we're a bunch of poor pussies who can't afford lawyers. So please stop investing in us now that you know we're too poor to withstand even a small lawsuit."

      From the Vimeo staff blog, quoted IN THE SUMMARY.

      Further, such videos may expose Vimeo to liability from the game creator(s), as we have already seen action from popular video game companies against videos such as these.

  9. Dreadful job by Pennidren · · Score: 5, Funny

    I feel sorry for whomever they put on the task of discerning which videos fit these categories. Boring.

  10. Where's the outrage? by mikkelm · · Score: 4, Insightful

    Video capture of gameplay for the sake of the gameplay is about as creative as live capture of a sports event for the sake of the sports event.

    1. Re:Where's the outrage? by Tankko · · Score: 2, Funny

      So they need a disclaimer at the end of video games. This one in WoW's case:

      So, in WoW's case, you'd never see the warning. :-)

  11. Re:"Vimeo"? Who? by Krater76 · · Score: 2, Funny

    Cue "First they came for the jews" letter.

    A video game thread that wasn't about Wolfenstien just got Godwin'd...

    --
    "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?" - Patrick Henry
  12. Vimeo was touted by many as the "New Youtube" by Chyeld · · Score: 5, Insightful

    With better resolutions, less BS moderation, and a 'better' community.

    So far I really haven't seen anything more than the potential of better resolutions. They are just as free as Flikr or Youtube in "Eww, I don't like that, delete" button useage, and frankly I haven't really seen anything being hosted by them that wasn't already everywhere else. Other than a few 'name' players like Improve Everywhere using it to host their videos, there hasn't been much of a drive for me to visit it.

    I wish them luck, but I have a feeling they are going to suddenly discover starting out tough on content really isn't going to help them gain market share.

  13. Research Indicates's Tresspasser by Stone+Rhino · · Score: 5, Insightful

    Walkthroughs don't constitute creative expression? Watch the series of videos linked from this thread. It's the best look at a terrible game you'll ever see. Sometimes funny, often insightful, and very informative about a interesting and influential chunk of game history.

    --


    Remember, there were no nuclear weapons before women were allowed to vote.
  14. Agreed by elemnt14 · · Score: 3, Interesting

    I think that walkthroughs, or gameplay videos do not necessarily show creative expression. Your watching a video on how to do something. The equivalent is reading a do-it-yourself book. I can see why Vimeo can take on the same view. The posters are not taking the game and throwing their own twist on it, just simply posting a copy of it. Now that the devil's advocate is gone.. Personally i agree with what other people have been saying. Posting walkthroughs and similar could bring about legal issues in the future. In a way, they are promoting creative expression with more intensity seeing you will be watching "videos with a twist" more than other stuff.

  15. Re:"Vimeo"? Who? by CelticWhisper · · Score: 4, Funny

    Can I at least link him to my armour for a stat boost?

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  16. Internal Insight by Anonymous Coward · · Score: 2, Interesting

    I'm posting as anonymous since I am a Connected Ventures employee and I am in the same office as Vimeo. Connected Ventures owns College Humor, Vimeo (sort of), and Busted Tees.

    The major push for this came down from the legal department. Within the past few months Vimeo has received a hand full of orders from the likes of EA and other industry giants to take down videos of their games. Video sharing sites in general have a hard time turning a profit, e.g. YouTube, and Vimeo is no exception. At this point it just didn't make sense for Connected Ventures and IAC to fight these orders in court. IAC is the Internet mega-corporation that owns Connected Ventures along with Ticket Master, HSN, and many other populate sites.

    While Vimeo moderators and staff will whole-heartily defend and enforce this policy, most of the staff don't really feel too strongly one way or another about it. Aside form the massive amounts of work that they will now have to do to further moderate the community.

    The bottom line is that everyone at Vimeo is a good person, and not some right wing anti-technology troll. It came down to implement this policy, and that was the end of it. There are so many C&D Orders you can just throw out before you need to buy a suit.

  17. Re:"Vimeo"? Who? by Endo13 · · Score: 3, Insightful

    My thoughts exactly. I read the summary and here's what I got:

    "Irrelevant 2-bit video hosting site decides to become even more irrelevant by removing some of their small collection of videos."

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  18. Re:"Creative Expression" by Walkingshark · · Score: 2, Insightful

    How can you be on slashdot and not know about fair use. I'm going to go put my head in the oven now.

    --
    The world you experience is only a close approximation of reality.
  19. Re:"Vimeo"? Who? by cstdenis · · Score: 3, Insightful

    Server admin: We're running our of disk space.
    PHB: Just delete a bunch of videos.

    --
    1984 was not supposed to be an instruction manual.
  20. Re:"Vimeo"? Who? by H0p313ss · · Score: 2, Funny

    Armour is spelled correctly, you ignorant American. Armor and armour are both legitimate ways to spell the same word. http://en.wikipedia.org/wiki/American_and_British_English_spelling_differences#-our.2C_-or

    Breath in... and out.

    I'm an ignorant Brit. living in Canada so you can bite my hairy Hobbit ass you pedant.

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  21. They're getting bad legal advice... by BenSnyder · · Score: 4, Informative

    Remember that /. story a few weeks ago "Your Mashup is Probably Legal?" It talked of a group of copyright experts who issued Fair Use guidelines for the use of copyrighted material in videos. In it, they issued 6 guidelines. Quoting:

    FOUR: REPRODUCING, REPOSTING, OR QUOTING IN ORDER TO MEMORIALIZE, PRESERVE, OR RESCUE AN EXPERIENCE, AN EVENT, OR A CULTURAL PHENOMENON

    DESCRIPTION: Repurposed copyrighted material is central to this kind of video. For instance, someone may record their favorite performance or document their own presence at a rock concert. Someone may post a controversial or notorious moment from broadcast television or a public event (a Stephen Colbert speech, a presidential address, a celebrity blooper). Someone may reproduce portions of a work that has been taken out of circulation, unjustly in their opinion. Gamers may record their performances. (emphasis mine)

    PRINCIPLE: Video makers are using new technology to accomplish culturally positive functions that are widely acceptedâ"or even celebratedâ"in the analog information environment. In other media and platforms, creators regularly recollect, describe, catalog, and preserve cultural expression for public memory. Written memoirs for instance are valued for the specificity and accuracy of their recollections; collectors of ephemeral material are valued for creating archives for future users. Such memorializing transforms the original in various waysâ"perhaps by putting the original work in a different context, perhaps by putting it in juxtaposition with other such works, perhaps by preserving it. This use also does not impair the legitimate market for the original work.

    LIMITATION: Fair use reaches its limits when the entertainment content is reproduced in amounts that are disproportionate to purposes of documentation, or in the case of archiving, when the material is readily available from authorized sources.

  22. Re:"Vimeo"? Who? by H0p313ss · · Score: 2, Funny

    I'm an ignorant Brit. living in Canada so you can bite my hairy Hobbit ass you pedant.

    Then one would think you would at least know the correct Canadian spelling of "armour".

    I'm lexdisic you heartless bastard! *weeps*

    :-)

    --
    XML is a known as a key material required to create SMD: Software of Mass Destruction
  23. Re:"Vimeo"? Who? by Carbon016 · · Score: 4, Insightful

    Vimeo is the only video service on the web that can do HD video worth a damn. I tried Veoh and other related sites, and they flagged my video as containing copyrighted material (ironic because all of it was material I had worked ~3 months to create from scratch), had problems with uploads not appearing or processing, or were grainy low-resolution trash like YouTube. I know a lot of people are using it for game mod videos, for example.

    They're hardly irrelevant.

  24. This is entirely reasonable by Daetrin · · Score: 3, Insightful

    There's too many people complaining to target anyone in particular, but Vimeo has made three claims:
    1: direct capture videos of games (that aren't Machinima) aren't particularly creative.
    2: Hosting such videos constitutes a possible legal liability.
    3: Such videos tend to be longer and take up more space than average.

    #3 is almost certainly true. #2 is apparently true, i'm willing to take their word that they've had to deal with legal action already, and that regardless of how it would turn out in court they don't feel like dealing with the hassle. And you know what? In my experience #1 is true too. I've seen a lot of direct capture videos, and although there are some exceptions for the most part they are often interesting and often informative, but they are very rarely creative. "That's cool" does not automatically equate to "that's creative."

    If you've taken a direct capture video but you've also added your own content on top to make some kind of social commentary or make a joke or tell a story, or used the engine in unusual ways to do the same, then congratulations, your video is creative and you can probably get it in as Machinima or a music video or some other category. But if all you've got is a capture of some people playing a game as it's meant to be played then that's not very creative at all.

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  25. FYI by Retric · · Score: 2, Informative

    Red vs. Blue = Machinima.

    PS: If you don't know what a word means try wikipedia. (http://en.wikipedia.org/wiki/Machinima) And yes that is a picture of Rev Vs. Blue on the freaking page with a nice caption "A scene from the popular machinima series Red vs. Blue."