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A question regarding ESO youtube videos and copyright claims

  • MissBizz
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    https://bethesda.net/en/article/3XrnHrB0iAesac8844yeuo/bethesda-video-policy

    Make sure to read this part...
    Note: There are particular cases where we may pull down videos or request videos to be removed. Such cases include, but are not limited to:

    A video game company can always take down footage of their games if they choose. Fair use is a defense used in court. Fortunately many companies post out some guidelines to help you understand if they're going to take your videos down.. like Bethesda has. ESO falls under that Bethesda policy. As someone who makes ESO vids, I asked a long time ago and was told they fall under that Bethesda policy
    Lone Wolf HelpFor the solo players who know, sometimes you just need a hand.PC | NA | AD-DC-EP | Discord
  • Voxicity
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    Dixa wrote: »
    DDuke wrote: »
    Voxicity wrote: »
    DDuke wrote: »
    Voxicity wrote: »
    Huyen wrote: »
    They can hardly say on youtube "this video has been taken down for violating the ToS of ZoS / Bethesda."....Exploiting is against the ToS in any form.

    This isn't concerning the ToS. It's about copyright, and the way ZOS picks and chooses what is and what isn't bannable with no logic or reason

    I think there is logic behind what gets policed by them on youtube:

    "Will this video's existence increase/decrease our revenue? Is it good or bad for the game?"

    "If this copyright claim gets taken to court (very unlikely), can the uploader feasibly claim fair use - i.e. is there a chance of losing the law suit?"


    If you were ZOS, those would probably be the two questions in your mind when deciding to hit someone with a copyright claim.

    I don't find it logical for them to remove a video showcasing an exploit, yet keep up videos with 45,000 overall views showcasing how to exploit vMoL, how to gap close into keep, a streamer I reported who used shadow image to get people stuck in terrain unable to block or dodge your attacks, etc.

    Considering they're actually banning people using the vAS hm exploit, there's a potential of monetary loss for Zenimax from the lost subscriptions. Every view that video gets & every person who decides to replicate it & use the exploit... You can see how that might quickly spiral out of control if the video was left untouched, especially if it went viral.


    That said, they aren't very consistent on what exploits warrant bans and what don't (or even which bug abuse gets officially labeled "exploiting" by them), but I think that has to do with how widespread those are and how much they affect the game.

    I imagine there's a lot more people aware of vMoL exploits (old content btw that doesn't have the same "prestige" anymore, lots of people have completed the hardmode) than the vAS hm exploit. Same goes for PvP exploits (e.g. Miats addon with 50k+ downloads abusing API bugs, teleporting into keeps, Double Mundus etc) - all too widespread to start banning people.

    People were punished for the double mundus exploit. That however is not on the same level as this. None of what you listed is.

    I would personally put the double mundus exploit above the vAS one. Although both I don't really care about, one of them coild affect my gameplay whereas the other can't. The vAS one could hurt my feelings if I was someone who wanted to show off about a legit clear, whereas the double mundus exploit could be used as an advantage in pvp and also pve. But I don't recall there being any instant perma bans with the double mundus exploit. I could be wrong though if you'd like to englighten me.
  • Rohamad_Ali
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    Who cares really ? If they are cleaning up how to cheat guides on YouTube I say awesome . It's about time . People shouldn't profit for teaching cheating . The other videos haven't been taken down because they probably just started caring enough to clean up . I hope they remove all cheating guides from YouTube . They own the game and have the rights to remove anyone's videos that break the TOS . It's refreshing to see a company start caring instead of just letting it go on . Eso has been known as a cheaters paradise . It's smart to clean up that image .
  • Voxicity
    Voxicity
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    MissBizz wrote: »
    https://bethesda.net/en/article/3XrnHrB0iAesac8844yeuo/bethesda-video-policy

    Make sure to read this part...
    Note: There are particular cases where we may pull down videos or request videos to be removed. Such cases include, but are not limited to:

    A video game company can always take down footage of their games if they choose. Fair use is a defense used in court. Fortunately many companies post out some guidelines to help you understand if they're going to take your videos down.. like Bethesda has. ESO falls under that Bethesda policy. As someone who makes ESO vids, I asked a long time ago and was told they fall under that Bethesda policy

    I am very aware that Bethesda or ZOS has every right to remove any video containing their IP. I do not understand why they removed this video for violating copyright but leave many other videos showcasing exploits alone. I mean I do understand it, I just don't think it's a morally right thing to do. Basically they can do what they want and nobody can do anything about it. It's a pick and choose system in which they always have the upper hand, and we don't know what contitutes as not following their rules:

    "Videos that we deem need to be removed – because, let’s be honest, people come up with stuff that has not even occurred to us yet"
  • Voxicity
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    Who cares really ? If they are cleaning up how to cheat guides on YouTube I say awesome . It's about time . People shouldn't profit for teaching cheating . The other videos haven't been taken down because they probably just started caring enough to clean up . I hope they remove all cheating guides from YouTube . They own the game and have the rights to remove anyone's videos that break the TOS . It's refreshing to see a company start caring instead of just letting it go on . Eso has been known as a cheaters paradise . It's smart to clean up that image .

    Agreed. I dont have anything wrong with them removing these videos, I just hope they will stick to this way of enforcement in the future. Which sadly isnt very likely because one of those who were perma banned has already been unbanned but I guess we can keep hoping :p
  • Rohamad_Ali
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    Voxicity wrote: »
    Who cares really ? If they are cleaning up how to cheat guides on YouTube I say awesome . It's about time . People shouldn't profit for teaching cheating . The other videos haven't been taken down because they probably just started caring enough to clean up . I hope they remove all cheating guides from YouTube . They own the game and have the rights to remove anyone's videos that break the TOS . It's refreshing to see a company start caring instead of just letting it go on . Eso has been known as a cheaters paradise . It's smart to clean up that image .

    Agreed. I dont have anything wrong with them removing these videos, I just hope they will stick to this way of enforcement in the future. Which sadly isnt very likely because one of those who were perma banned has already been unbanned but I guess we can keep hoping :p

    I am always cheering for ZoS to be more caring of their game . I hope this will continue . If the community helps them that's even better . Some of the older videos may not be relevant anymore so it's a waste of time bothering with those but they can take an active approach to new videos and clean up the game for all of us .
  • Voxicity
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    You can post all the RolePlaying videos you like !

    As long as it's not Bleakers roleplay...
  • MissBizz
    MissBizz
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    Voxicity wrote: »
    MissBizz wrote: »
    https://bethesda.net/en/article/3XrnHrB0iAesac8844yeuo/bethesda-video-policy

    Make sure to read this part...
    Note: There are particular cases where we may pull down videos or request videos to be removed. Such cases include, but are not limited to:

    A video game company can always take down footage of their games if they choose. Fair use is a defense used in court. Fortunately many companies post out some guidelines to help you understand if they're going to take your videos down.. like Bethesda has. ESO falls under that Bethesda policy. As someone who makes ESO vids, I asked a long time ago and was told they fall under that Bethesda policy

    I am very aware that Bethesda or ZOS has every right to remove any video containing their IP. I do not understand why they removed this video for violating copyright but leave many other videos showcasing exploits alone. I mean I do understand it, I just don't think it's a morally right thing to do. Basically they can do what they want and nobody can do anything about it. It's a pick and choose system in which they always have the upper hand, and we don't know what contitutes as not following their rules:

    "Videos that we deem need to be removed – because, let’s be honest, people come up with stuff that has not even occurred to us yet"

    Maybe the past videos have already been fixed in game and no longer work, maybe they just haven't gotten around to them yet.

    The reason it's a pick and choose system is that the video maker is always in the wrong.. legally. If Bethesda wanted they could go claim every Bethesda video I've ever made, they could. And I'm not stupid enough to think I'd win that battle I court.

    Honestly I'm with @Rohamad_Ali on it. I think they just didn't have it as a priority previously to do these types of things. With the permabans being handed out, they may be starting to crack down more and prioritizing this. Could be that those old videos don't get taken down, but maybe moving forward they'll be taking down future ones.
    Lone Wolf HelpFor the solo players who know, sometimes you just need a hand.PC | NA | AD-DC-EP | Discord
  • Cadbury
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    Voxicity wrote: »
    You can post all the RolePlaying videos you like !

    As long as it's not Bleakers roleplay...

    Is Bleakers roleplay like Goldshire Inn roleplay from WoW?
    "If a person is truly desirous of something, perhaps being set on fire does not seem so bad."
  • Voxicity
    Voxicity
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    Cadbury wrote: »
    Voxicity wrote: »
    You can post all the RolePlaying videos you like !

    As long as it's not Bleakers roleplay...

    Is Bleakers roleplay like Goldshire Inn roleplay from WoW?

    Much, much worse
  • Cadbury
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    Voxicity wrote: »
    Cadbury wrote: »
    Voxicity wrote: »
    You can post all the RolePlaying videos you like !

    As long as it's not Bleakers roleplay...

    Is Bleakers roleplay like Goldshire Inn roleplay from WoW?

    Much, much worse

    Then I definitely don't want to see videos of that :s
    "If a person is truly desirous of something, perhaps being set on fire does not seem so bad."
  • idk
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    Talking about this with the virtually non existent information in OP leaves much speculation.

    However, it is was showing an exploit of similar actions then Zos is in it's full rights to take action since it is not favorable to the game.

    Zos owns the appearance, et.al. of everything in the game including your characters.
  • Voxicity
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    idk wrote: »
    Talking about this with the virtually non existent information in OP leaves much speculation.

    However, it is was showing an exploit of similar actions then Zos is in it's full rights to take action since it is not favorable to the game.

    Zos owns the appearance, et.al. of everything in the game including your characters.

    Question is about why they removed this and not the other exploit videos found over the internet
  • Nebthet78
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    Do you really think a video like that is going to remain down or gone for long? There is already another one up.
    Far too many characters to list any more.
  • starkerealm
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    Voxicity wrote: »
    idk wrote: »
    Talking about this with the virtually non existent information in OP leaves much speculation.

    However, it is was showing an exploit of similar actions then Zos is in it's full rights to take action since it is not favorable to the game.

    Zos owns the appearance, et.al. of everything in the game including your characters.

    Question is about why they removed this and not the other exploit videos found over the internet

    Because this is happening right now, and ZOS is working on a fix, or will start on one tomorrow.

    So, in the moment, yeah, higher priority to deal with an exploit that has just emerged than one that existed eighteen months ago, and has been intermittently abused by the community throughout.

    Also, the severity of the exploit is a factor. This is new, it completely trivializes some content that's supposed to be seriously challenging. The MoL exploit... it's old, there's no rush to get the skin the same way there is with vAS.
  • CardboardedBox
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    I immediately assumed the video mentioned was of the recent exploit. And after reading the ccommens and realizing my suspicions were correct, I ask why this comes as any surprise what so ever?

    Unless the company you're dealing with is Nintendo going on a standard video murdering rampage, there's usually a reason for one to be removed. And this reason is a bit obvious...
    Edited by CardboardedBox on November 12, 2017 11:56PM
  • Voxicity
    Voxicity
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    Voxicity wrote: »
    idk wrote: »
    Talking about this with the virtually non existent information in OP leaves much speculation.

    However, it is was showing an exploit of similar actions then Zos is in it's full rights to take action since it is not favorable to the game.

    Zos owns the appearance, et.al. of everything in the game including your characters.

    Question is about why they removed this and not the other exploit videos found over the internet

    Because this is happening right now, and ZOS is working on a fix, or will start on one tomorrow.

    So, in the moment, yeah, higher priority to deal with an exploit that has just emerged than one that existed eighteen months ago, and has been intermittently abused by the community throughout.

    Also, the severity of the exploit is a factor. This is new, it completely trivializes some content that's supposed to be seriously challenging. The MoL exploit... it's old, there's no rush to get the skin the same way there is with vAS.

    Well it can't be that severe if they've already unbanned people who were supposedly perma banned with no chance of appeal. So I really don't know what to believe or think any more.
  • Voxicity
    Voxicity
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    I immediately assumed the video mentioned was of the recent exploit. And after reading the ccommens and realizing my suspicions were correct, I ask why this comes as any surprise what so ever?

    Unless the company you're dealing with is Nintendo going on a standard video murdering rampage, there's usually a reason for one to be removed. And this reason is a bit obvious...

    The question is (or was, since its kinda been discussed in detail) why was this video removed and other exploit videos aren't.
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