"I don't think you are preventing world war 3 by arguing with people on the internet"Pipkin Pippa

Nijisanji L Collection

NeneHATE

Spectral Nene
Early Adopter
Nene's Pet Latinx
Latinx/Latine
Joined:  Sep 16, 2022
Sure but then your doing what you accused LM of doing then at the start of his streaming on Vtubers. Applying the bad that is Niji to literally every corpo. I mean in all honesty if you want to compare them Niji and Disney is actually a better companrsion for how shitty both companies are.
Excuse me if I'm paranoid but I have been run out of enough fandoms to have a permanent hatred for outsiders and fear of imminent destruction. Whenever I find something I like I am just waiting for the moment it will be plundered for cheap profit/fame, torn to shreds and then left a husk of its former self.
 

Pixel Perfect

Member
Joined:  May 9, 2023
I think the main takeaway from this is:

If you're a Nijisanji member and want to get out of your contract early, join the Yakuza.
 

GOD'S STRONGEST BUILDERBEAR

"Shut up, Dazzle. I will clip your balls" -SB
Early Adopter
Joined:  Sep 12, 2022
I think the main takeaway from this is:

If you're a Nijisanji member and want to get out of your contract early, join the Yakuza.
Wrong.

If you are nijisanji member and want to get out of your contract early, kill yourself
 

famous artist pipkun

Well-known member
Mindflayer and Master Baiter
Joined:  Jun 5, 2023
Disagree, there are numerous elements of the contract that would be considered indicative of an employee relationship. It's a multi-factor analysis with a ton of factors (see IRS form SS-8 for a bunch of them), with factors pointing in different directions, so it's a question for the trier of fact to resolve, and you won't know whether the cat is alive or dead until you actually open the box.
yes, a judge is going to have to ask questions about vtubing and figure out if it's contract work or not. as for the multifactor test, theres federal lawsuits pending about the new bol designations. so to say a judge is definitely going to they're employees is false

I also wonder if Mysta/Kuro got "graduated" due to his tax issues, as that was one of the grounds for termination.
lol
 

Xuhle

Well-known member
Joined:  Nov 9, 2023
Wrong.

If you are nijisanji member and want to get out of your contract early, kill yourself
Wrong

You would still be suspended for that. If you want to get out early just give out your contract to anyone else.
 

niggaphil

Well-known member
Joined:  Oct 23, 2022
Well, thank god I didn't expect a lot or explosive evidences from this contract stream. It is only useful if we have third party's contract to compare, and decide which one is a shittier company

I don't think there would be any major drama till the next Kurosanji graduation/termination now

Edit: Some of you love to argue like a professional keyboard lawyer while watch LM stream, don't forget that the judge is the one that decide who's right and wrong. There's a reason why Sayu/Doki does not want to drag this into court, because the appointed judge might be out of touch with these shits, and could be ended up like KickVic result
 

GOD'S STRONGEST BUILDERBEAR

"Shut up, Dazzle. I will clip your balls" -SB
Early Adopter
Joined:  Sep 12, 2022
I don't think there would be any major drama till the next Kurosanji graduation/termination now
Its the dead of the night for muttlandia, so give it 14 hours until False wakes up. Then, there will be fire.
 

Xuhle

Well-known member
Joined:  Nov 9, 2023
Well, thank god I didn't expect a lot or explosive evidences from this contract stream. It is only useful if we have third party's contract to compare, and decide which one is a shittier company

I don't think there would be any major drama till the next Kurosanji graduation/termination now
Which we may never get or at least highly unlikely that someone else will give over a contract template willingly. Think most we got was some fuel but nothing to really continue burning the yachts.

If we go off the leaker we should see elira back to streaming in early March and with a collab to start with. Think that is really all we're waiting on right now. Assuming the supposed leaker is real.
 

niggaphil

Well-known member
Joined:  Oct 23, 2022

MerelyTourist

jkterjter jkterjtier
LM's Ladyboy
Joined:  Feb 5, 2024
ok so TLDW is:
Contact is extremely wonky.
Contract is extremely one-sided, all the power no responsibilites for employer whatsoever.
Any judge with half a functioning brain will remove like half the provisions for being unenforcible and outright illegal.
Funny thing, all provisions that make you employee are mostly ok, so all livers are employees beyond any doubt in most relevant jurisdiction, if not all. But it will most likely be laughed out of any non-jap court for being void before it even gets there.
Surviving articles don't have much chcnce to actually survive.
Pipkun is annoyingly retarded.
 

Bronze

Well-known member
Joined:  Nov 2, 2023
I think the main takeaway from this is:

If you're a Nijisanji member and want to get out of your contract early, join the Yakuza.
You can just record an acapella cover, take png of your genmate, and slap it in the video. It's even better if its an ex-member
 

Xuhle

Well-known member
Joined:  Nov 9, 2023
Its the dead of the night for muttlandia, so give it 14 hours until False wakes up. Then, there will be fire.
False was there the entire stream so he's already was clipping it. He probably be asleep though for LM second stream though.
 

Thomas Talus

Εκ λόγου άλλος εκβαίνει λόγος
Early Adopter
Joined:  Sep 15, 2022
yes, a judge is going to have to ask questions about vtubing and figure out if it's contract work or not. as for the multifactor test, theres federal lawsuits pending about the new bol designations. so to say a judge is definitely going to they're employees is false
I think it tips more towards employee than IC. You have mandatory meetings/reports that you can be punished for not attending/submitting, the employer able to command performance, the money flowing through the employer before reaching the talent, the talent being held out as a part of the company, the lack of authority to delegate your performance without approval, and, probably the biggest of all, the exclusivity requirement.

Employee is also somewhat of the default, with the employer needing to prove IC status to get out of tax requirements, and I don't think a court is going to say "well, you have all the downsides of being an IC, and also all the downsides of being an employee, so we'll classify you as an IC."
 

MerelyTourist

jkterjter jkterjtier
LM's Ladyboy
Joined:  Feb 5, 2024
I think it tips more towards employee than IC. You have mandatory meetings/reports that you can be punished for not attending/submitting, the employer able to command performance, the money flowing through the employer before reaching the talent, the talent being held out as a part of the company, the lack of authority to delegate your performance without approval, and, probably the biggest of all, the exclusivity requirement.

Employee is also somewhat of the default, with the employer needing to prove IC status to get out of tax requirements, and I don't think a court is going to say "well, you have all the downsides of being an IC, and also all the downsides of being an employee, so we'll classify you as an IC."
Agreed, judge don't need to even bother finding out what vtuber is and what industry standard practice are, the text of this contract says that it's employee thrice over.
If i was a judge i'd declare this contract void and tip related authorities about tax evasion and worker rights violation.
 

famous artist pipkun

Well-known member
Mindflayer and Master Baiter
Joined:  Jun 5, 2023
I think it tips more towards employee than IC. You have mandatory meetings/reports that you can be punished for not attending/submitting, the employer able to command performance, the money flowing through the employer before reaching the talent, the talent being held out as a part of the company, the lack of authority to delegate your performance without approval, and, probably the biggest of all, the exclusivity requirement.

Employee is also somewhat of the default, with the employer needing to prove IC status to get out of tax requirements, and I don't think a court is going to say "well, you have all the downsides of being an IC, and also all the downsides of being an employee, so we'll classify you as an IC."
a voice actress on the internet is going to be restricted by the nature of the job. is a judge going to get pissy that niji said they have to stream on youtube or had to fly to japan for some gay meeting? if they used american lawyers probably not. but we won't know until someone sues their company.
 

RestlessRain

Well-known member
Early Adopter
Joined:  Sep 21, 2022
Pipkun Try Not to Say Retarded Shit (Impossible Challenge)
 

MerelyTourist

jkterjter jkterjtier
LM's Ladyboy
Joined:  Feb 5, 2024
a voice actress on the internet is going to be restricted by the nature of the job. is a judge going to get pissy that niji said they have to stream on youtube or had to fly to japan for some gay meeting? if they used american lawyers probably not. but we won't know until someone sues their company.
:pikafaku: You are unironlically retarded. Exclusivity clause alone puts them firmly into employee category in any jurisdiction, nature of the job is irrelevant.
 

God's Strongest Dragoon

Well-known member
Joined:  Mar 20, 2023
:baeJam: Niji can send them an amendment, then retweet something using their accounts, therefore making them accept anything they want immediately
If they really wanted to be slick, they could DM a talent like 3mins before they have a stream scheduled and just load it with A LOT of shit. Like have a manager say, "so we have a meeting at x time with y people, you have that con meet'n'greet at this date, blah blah blah", then sneak in the 3 lines or paragraph they're changing to the contract, and then throwing something else to end it. The talent is likely going to be like "oh, it's just scheduling shit", decide to read it later, and then start their stream, resulting in them unknowingly signing off to it. I didn't watch the LM stream but that section alone is the very definition of "don't sign this contract".
 

Limkin

Well-known member
Joined:  Mar 1, 2023
Even with Nijisanji, if we assume 174 talents, each getting a $500 AUD phone (refurb base iPhone 12), that's $87,000 AUD.
They don't have much options other than give phones to livers. From what I heard their tech (and Holo) relies heavily on special sensors that come with newer iPhones, and that android phone or regular cameras simply wouldn't have. Which is why a regular streamer may not see much difference between the two, but for them using regular camera makes tracking all kinds of glitchy (and we've seen it with Calli when she started out, because she would regularly forget to charge the phone and had a whole stream with webcam once). I've also heard more than once that if they lose a phone or it breaks, they have to specifically request a new phone from HQ, they can't just buy it and get compensated later. Which makes me believe the live2d tracking software is installed locally with no way of doing it remotely for security reasons
I don't think there's any negotiation lol, they have a zillion applicants, they can just point you to the door and let the next hopeful in.
Judging by the ever declining numbers of last gens - turning around and going to an agency next door IS a better option
 
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MerelyTourist

jkterjter jkterjtier
LM's Ladyboy
Joined:  Feb 5, 2024
If they really wanted to be slick, they could DM a talent like 3mins before they have a stream scheduled and just load it with A LOT of shit. Like have a manager say, "so we have a meeting at x time with y people, you have that con meet'n'greet at this date, blah blah blah", then sneak in the 3 lines or paragraph they're changing to the contract, and then throwing something else to end it. The talent is likely going to be like "oh, it's just scheduling shit", decide to read it later, and then start their stream, resulting in them unknowingly signing off to it. I didn't watch the LM stream but that section alone is the very definition of "don't sign this contract".
They can send it while stream is ongoing and it'll be technically considered as accept. Doesn't matter, this paragraph is vague non-enforcable and/or illegal bullshit anyway.

They don't have much options other than give phones to livers. From what I heard their tech (and Holo) relies heavily on special sensors that come with newer iPhones, and that android phone or regular cameras simply wouldn't have. Which is why a regular streamer may not see much difference between the two, but for them using regular camera makes tracking all kinds of glitchy (and we've seen it with Calli when she started out, because she would regularly forget to charge the phone and had a whole stream with webcam once). I've also heard more than once that if they lose a phone or it breaks, they have to specifically request a new phone from HQ, they can't just buy it and get compensated later. Which makes me believe the live2d tracking software is installed locally with no way of doing it remotely for security reasons
Yep, iphones are king, and specifically pre-covid OS versions that track actual mouth. Later they switched to extrapolation algorythm that works with masks, which is obviously worse. Though even with best tracking, its best to mix face tracking with mic audio, especially if your mimic is not expressive enough.
Oh well, vtube studio is like 5 years ahead of all jap softawre anyway, i don't get why they so stubbornly cling to it.
 
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