Developers Try Legally Blocking Negative Criticism Of Day One: Garry's Incident

By William Usher 2013-10-20 17:54:06 discussion comments
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[Update: Wild Game Studio has removed the block on TotalBiscuit's review of Day One: Garry's Incident]

The copyright issue is a ridiculous one. Fair use? Forget about it. Right to criticize for educational, informational or satirical purposes? Don't even think about it. Monetizing creative works by recreating your own spin on copyrighted material? It's like stepping onto a minefield with snowshoes made for Shaquille O'Neal. Well, TotalBiscuit stepped on a copyright mine, but not for the reasons you think.

TotalBiscuit, real name John Bain, is a YouTube personality who happens to be very big in the gaming community (think AngryJoe or PewdiePie). TotalBiscuit's video critique of the greenlit game Day One: Garry's Incident has been pulled due to a copyright claim from the developer, Wild Game Studios.

The failed Kickstarter game was under fire for being a rather terrible game, and TotalBiscuit's video labeled “WTF Is Day One: Garry's Incident” managed to get a strike by the developers in an attempt to curb some of the criticism. The incident reached a fever-pitch due to all the complaints on the Steam forum where people are bemoaning the poor quality of the game, which released back on September 25th. This is in addition to other critics railing on the title as well.

TotalBiscuit – not content to sit around and wallow in sadness over copyright totalitarianism – decided to make the issue known in a video after Reddit got hold of the news and he tweeted the following message.


You can watch the video that describes the series of events below.


Dat journalism.

Wild Game Studios' lead designer and studio head honcho, Stephane Woods, initially offered a rebuttal to the situation, as well as an explanation about monetizing videos, stating on the Steam forums that...
We protected our copyright because Total Biscuit has no right to make advertising revenues with our license.

[We did not copyright claim Kotaku's video because] Kotaku have not added advertising revenues on the video.

It's simple, all the Youtube channel works like this. We give a key of our game and people can evaluate it. But if the Youtuve channel want to make advertising revenues, must obtain authorization from the licensee.

That's a little like the Chicago Tribune needing permission from movie studios to get revenue from the articles they publish critiquing a movie. I didn't realize media reviewing as a full-time occupation was a charity.
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