General Vtuber Discussion (V1)

[Belle Delphine's Armpit]

What is causing nijisanji and hololive to strike clips though? Has anyone looked to see which ones were removed?

 

[Johnny Jambalaya]

The problem is it's 100% fair use under American laws. If it went to litigation, False would win. And frankly, I'd rather side with individuals properly using Fair Use (even if they are pricks) over Corpos trying to bully small time creators.

You don’t understand fair use. Playing clips or using images in the background while you talk about something related to vtuber drama is not transformative by any stretch of the imagination.

 

[Zizara]

You don’t understand fair use. Playing clips in the background while you talk about something related to vtuber drama is not transformative by any stretch of the imagination.

You don't need to say anything specific for something to be considered transformative, in fact you don't need to say anything at all so long as it's edited to serve a purpose. Sargon of all people set that precedent in the US courts.
Personally I'm on the side of Japanese corps getting slapped down hard should they attempt to mis-use copyright claims - though Youtube's DMCA system technically isn't an official complaint - to police content. Especially in the case of those who got reported for posting videos of Altare's "support the cause" comments because they want to tone police based on Japan's silly slander laws.

 

[UberSoldat]

Niji moving to their next victim

 

[The Rrat]

You don’t understand fair use. Playing clips or using images the background while you talk about something related to vtuber drama is not transformative by any stretch of the imagination.

Problem is I feel like Youtube always sides with the claimant in most cases unless the claim is literally from an unrelated party. Even then, it is apparently a giant pain in the ass to get reserved, even if does apply under what Youtube claims to be fair use:

Fair use on YouTube - YouTube Help

Fair use is a legal doctrine that says use of copyright-protected material under certain circumstances is allowed without permission from the copyright holder. YouTube gets many requests to remove vi

support.google.com

 

[The Proctor]

You don’t understand fair use. Playing clips or using images in the background while you talk about something related to vtuber drama is not transformative by any stretch of the imagination.

I don't think the Japanese care at all about Western interpretations of Fair Use. As far as I've seen, they simply use the tools available to them in the most surgical and clinical matter possible to eliminate things they don't want propagated. The spirit of the law doesn't matter. If it's a tool, they'll use it. The outcome is empirical, not moral. If they terminate a channel and it's later ruled by a Western authority that they did it unlawfully, what do they care? Channel is still gone. Mission accomplished. Stupid gaijin put their own heads in the noose. Not glorious Nippon's fault.

 

[The Rrat]

I don't think the Japanese care at all about Western interpretations of Fair Use. As far as I've seen, they simply use the tools available to them in the most surgical and clinical matter possible to eliminate things they don't want propagated. The spirit of the law doesn't matter. If it's a tool, they'll use it. The outcome is empirical, not moral. If they terminate a channel and it's later ruled by a Western authority that they did it unlawfully, what do they care? Channel is still gone. Mission accomplished. Stupid gaijin put their own heads in the noose. Not glorious Nippon's fault.

That's how Western companies use it, too. They know Youtube's system is so broken that it is easier for the creator to just not bother reinstating their video and just reupload it without any copywritten material in it.

 

[The Proctor]

That's how Western companies use it, too. They know Youtube's system is so broken that it is easier for the creator to just not bother reinstating their video and just reupload it without any copywritten material in it.

I would overall agree, but there's a methodical attitude to the way the Japanese do it compared to Western companies. Western companies can be brow-beaten and argued into capitulation by a big enough outrage. They tend to be somewhat selective, actually weighing the consequences of a takedown before doing so. The Japs just go 'thing not wanted, thing goes away', and to my knowledge they never apologize, never back down, and never even acknowledge any response besides a blanket 'we did what was within our rights'.

 

[PekoWick]

I don't even think she reaches those kind of numbers during her Rushia days, unless it's a special event or stream. Then again, I never really paid attention to her.

She can with offcollab/collab or gacha stream usually.

 

[Zizara]

Problem is I feel like Youtube always sides with the claimant in most cases unless the claim is literally from an unrelated party. Even then, it is apparently a giant pain in the ass to get reserved, even if does apply under what Youtube claims to be fair use:

Part of the issue is that Youtube's DMCA is not an actual legal complaint, just a dispute moderation system intended to cover Google's ass as a platform and little more. If False disputes there's not much to be done about the stalemate - Niji's next step is to escalate to the courts if they want to keep it down, but they are under no actual impetus to do so. Hence the epidemic of shitters who just abuse the system to take down videos they don't like for whatever reason suits their fancy - they don't need to provide an argument why it's not fair use, or even proof that they actually own the content in question - taking down actual channels is much harder because Youtube does have some guards in place against that, but even if the channel does everything right by the time the video actually goes live again any impact it would have had or income it would have earned has typically passed and lost forever.

 

[Tyrvalla]

She can with offcollab/collab or gacha stream usually.

She remembers her old days, an outfit reveal could get her more than 50k ccv.


This is Rushia's outfit reveal peak ccv (I think).

This just shows she's still not moving on from her termination, and that is quite sad and concerning. Does she even still hang out with her old friends? I hope they still do.

 

[Sithis]

I can't watch stream atm but someone try and take notes/archive the Yuko member stream please, from what I'm reading we may have already reached the point of critical mass where she has expressed genuine concern over cultivating a fanbase of deranged lunatics lmao

Also her mom apparently watched her ASMR yesterday

 

[Johnny Jambalaya]

You don't need to say anything specific for something to be considered transformative, in fact you don't need to say anything at all so long as it's edited to serve a purpose. Sargon of all people set that precedent in the US courts.
Personally I'm on the side of Japanese corps getting slapped down hard should they attempt to mis-use copyright claims - though Youtube's DMCA system technically isn't an official complaint - to police content. Especially in the case of those who got reported for posting videos of Altare's "support the cause" comments because they want to tone police based on Japan's silly slander laws.

I really don’t think Sargon’s case is an apt comparison here considering the nature of the content. While Sargon’s case used the clips and title in combination as a critique of SJW behavior I don’t know if False’s faux news program would have the same status under fair use. The Religious Technology Center (Scientology) cases against WaPo and others might be more relevant if it were to stand that his content was a news program in nature which is one of the exceptions outlined for fair use. Either way fair use is something a court would decide and I should have prefaced that thinking it wasn’t was my opinion on the matter. Overall it would depend on how a court would see the channel.

I think it’s all beside the point anyway as Anycolor is almost assuredly using the system with no intent to proceed to litigation. My main point is that I wouldn’t rule out them having some sort of standing to take dramatubers to court if they wanted and at that point it wouldn’t even matter if Anycolor loses because they would win by bankrupting the opposition.

 

[Scuddle]

Dramafags getting purged.

 

[Nenélove]

Dramafags getting purged.

View attachment 14367

She sounds like a witch mixed with a hyena

 

[The Proctor]

oh look who decided to return after potentially being hard-doxxed.

and with adam sandler too.

100% not going to provoke antis at all ever, definitely not ever

 

[RiverBear]

I can't watch stream atm but someone try and take notes/archive the Yuko member stream please, from what I'm reading we may have already reached the point of critical mass where she has expressed genuine concern over cultivating a fanbase of deranged lunatics lmao

Also her mom apparently watched her ASMR yesterday

That's what you get for trying to appeal to the Cumbuds

 

[Ｍｕｒｒａｙしないで]

Dramafags getting purged.

View attachment 14367

Look, I'm not False's biggest fan either, but he doesn't deserve to be struck out of existence by spurious DMCA claims. Nobody does. Niji is definitely in the wrong here and they're risking some major damage to their brand if they keep this up.

 

[Saturnus]

Dramafags getting purged.

View attachment 14367

I'm pretty sure this is all because it is Anycolor/Nijisanji striking down the dramafags. Clearly, if Cover was doing it they would be "Doing Nothing Wrong" because they would be "protecting their talents".

 

[reinigen]

vTuber Cringe posted snaps from a Twitter account that just reposts trending Twitch Clips. The one in question is from the /r/livestreamfail topic about Silver. And the comments on that Clip talking about "Twitter Freaks" clearly demonstrate they haven't learned a fucking thing.



Some fun selections -