One track is made from subgrade steel and has a risk of derailing the trolley. The other is filled with explosives and shrapnel. Do you change the track?

If you’re trying to say that a recording of a video game is not considered fair use under copyright law, then I give you the existence of Youtube and Twitch as counter evidence.

So, funny you should say that…

This happened to Persona 5. Atlus felt that they had a legal basis to make copyright claims on the game - in their case, circumstantially around spoilers (I guess because they wanted people to pay $50 to experience the late-game story)

And they walked back, not because lawyers were dismantling their case, but because of public outcry. That basis of public preference is what has encouraged game studios to be friendly with Twitch / YouTube, not because judges would rubber-stamp any fair use “transformative work” argument. That is also why many games have given explicit notices to say “Content notice: Please feel free to share videos of this game wherever you’d like!” etc - as it is a non-default judgment.

So, as strange as it is to say, most uploaded videos of a game is in some murky legal territory. Obviously, most studios don’t care and even prefer them to be shared for visibility - or took the time to include those notices to make it 100% legal. But when the recording came from an internal build, the game itself is “stolen”, in that the person playing it breached either terms of viewing or terms of employment, and then the person re-uploading it is breaching copyright as they had no permission.

If you want to work it through the other way, permission to upload a work is non-default. You need to provide a basis it’s legal, not a basis it’s illegal. In many cases, it’s “I made this”. For 99.9% of video game content, it’s “the developer is okay with it”.

If something that would normally be copyrightable is leaked, then the only people who have legal rights to that work are still the original owners. Anyone taking/sharing it is breaching copyright.

Different case for something someone recorded/created themselves, ex recording police abuse on their phone.

I know some people have a misguided view of “But you didn’t register copyright, it’s not copyrighted”. That’s the opposite of how it works. Rights are granted at time of creation; copyright is a “granted” right as part of sale/viewing managing how something can be shared.

Otherwise, a photographer that takes a picture of a rare Snipe can have that photo “legally” stolen before they make it to a lawyer.

I tend to use these platforms without feeling I’m “committed”. I’ve abandoned things like Reddit before, and can likely do so again.

But I can see with the organization levels of channels that others are not thinking the same way.

I think every few years I’m reminded this game exists, and go in to try to check it out - and I still have some account issue where my email is in use but it also won’t send a reset code.

Mario!? Who would have thought Nintendo would revive one of their oldest properties?

When that’s characters, I just accept it. Like, “Oh, I guess I don’t get to try out this character? I’ll level up others instead and see how well I can do.”

I’m undoubtedly kind of frustrated about this “proving tariffs right” - but it remains to be shown whether this works. Very likely, even if/when they achieve scale, prices won’t come down for a very long time.

And it skips over the fact that there were so many ways to achieve this end without causing so much harm to so many industries that can’t do the same.

I play a gacha game and have spent $0 on it. But I can imagine that sort of psychological insulation is not quite so common.

So in a lot of ways, it’s just the Asian term for loot box games, something that western games shied away from a bit after the Battlefront 2 controversy and EU attention, which Disney got embroiled in.

Two hours is the length of some high-budget media; eg, movies and plays.

I know that some games are slow-burn, but that’s something people have to weigh themselves. Ideally, you’d enjoy the slow burn itself. When I tried to “force myself through to the Good Part of Nier Automata”, I ended up hating the whole thing.

Given the tariff position, I’m curious if this will be the first time Nintendo decides to eat the loss on console hardware sales; something usually only other console makers have done.

Perhaps they think Trump will be on his way out. Or they’re eating into their cash reserves to prevent discussion of their consoles from getting political.

That’s the thing though; it has most definitely entered Duke Nukem Forever / No Man’s Sky levels of development hell wherein the result will never be satisfying. The best we can hope for is a Halo Infinite result where it’s “kinda fun” but inevitably comes nowhere near the hype.

My understanding is this has been the price of thousands of gaming communities enacting a “No politics” rule - people want to keep it external.

“This fucking piece of actual trash! He’s using the most broken character this game has ever put out, and trash talking over it like he’s ever fucked a woman. Literally eat a dick. What do you think, chat?…Oh. Holy shit. Sorry, I just saw some stuff about Trump, listen, I’m sorry, but we don’t talk politics here. It can get really toxic.”

Beyond Good and Evil 2.

I’m not even mad that we didn’t get the multiplanetary open world new-tech live-experience cooperative second coming. I’m mad we didn’t even get a simple, short singleplayer experience living off of the charm of the first one.

In future history books: “…But the biggest exodus from the United States was after it was announced the Switch 2 would cost $1000 exclusively there.”

The Xbox once did have a version of Internet Explorer on it, I remember.

Its supporters claim that in some ways it’s meant to make development easier; that it simplifies many lighting tricks devs handle manually.

I don’t necessarily think it’s a strong enough point since it’s often throwing hardware at a creativity/effort problem.

This ideology becomes an issue when someone is finding ways to attack you that don’t quite constitute violence.

People need food, water, shelter, sense of belonging in society, etc. Bigots have gotten very good at using whatever means they can to attack each of these without ever physically throwing a punch; defunding someone’s means of living, evicting them, harassing them, etc.

Ideally, the law, and hence the police (who hold guns) would retaliate on each of these things.

“We are also pleased to announce that, next year, we will be adding support for Gamecube games other than Super Smash Bros. Melee.” /s