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Video Game Movies "Not Creative Expression" 134

GamePolitics is one of many that is reporting on the impending removal of video game movies from the video hosting site Vimeo. While they have agreed to leave machinima alone, all walk-throughs, strategy videos, pvp battles, raids, etc, will be deleted on September 1st. "The Vimeo staff does not feel that videos which are direct captures of video game play truly constitute 'creative expression.' Further, such videos may expose Vimeo to liability from the game creator(s), as we have already seen action from popular video game companies against videos such as these... Gaming videos are by nature significantly larger and longer than any other genre on Vimeo ..."
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Video Game Movies "Not Creative Expression"

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  • by jollyreaper ( 513215 ) on Wednesday July 23, 2008 @03:40PM (#24310563)

    Just sayin'.

    • Re: (Score:2, Insightful)

      by JJNess ( 1238668 )
      Wonder how many companies actually care about video clips of their games being posted online? Seems like great publicity for them, and a good way to see how a game plays for someone who hasn't bought it yet. DNRTFA
      • Re: (Score:3, Insightful)

        by faloi ( 738831 )
        The linked article doesn't mention anybody specific, and my care level is far too low to do any research on my own. I would be curious to see what companies really care. Certainly some companies, likes Games Workshop, have a pretty draconian policy toward fan created materials on-line...but I haven't heard of Blizzard throwing a fit about raid videos.

        The "not creative" part doesn't jibe for me, either. I've seen some raid videos set to music that are at least as creative as the latest spewage on TV.
        • Re: (Score:2, Interesting)

          by Anonymous Coward
          Blizzard has a video capture feature integrated into the World of Warcraft Mac client.
      • Re: (Score:3, Insightful)

        I know I have regularly looked for youtube vids of real in game play of games I'm considering buying.
        --
        Freedoms Forums - Libertarian leaning political discussion forum [freedomsforums.com]
      • How in the world could they feel that game companies would be opposed to sharing of game videos in any way? At my current company, we have occasionally sent around links among ourselves to some of the better videos our fans have created. The companies I've worked for are always happy with (and actively encourage) any sort of fan-produced publicity they can get.

        There's something else going on here, I think. Maybe too much bandwidth was being consumed by game videos? Besides which, I have to admit I hadn'

        • by Retric ( 704075 )
          It's taking to much CPU time to transcode all those video's and few people are looking at them.
    • by spun ( 1352 )

      I think that counts as machinima. It was entirely staged for comedic effect, poking fun at guilds that over plan and strategize.

    • by Spy der Mann ( 805235 ) <spydermann.slash ... com minus distro> on Wednesday July 23, 2008 @04:00PM (#24310891) Homepage Journal

      What about Red vs. Blue?

      Also, I'm thinking of personal feats like speedrunning. I mean, sure, it's creative expression see how you ride your bike and do a sommersault etc., but it's not when you do an amazing feat in your favorite videogame (specially modded games, like Mario Frustration)?

      These guys just gotta be kidding.

    • Re: (Score:3, Insightful)

      by D'Sphitz ( 699604 )
      They're shooting themselves in the foot here. I imagine it's hard enough to compete with YouTube as it is, excluding a very popular and growing genre is just suicide. I imagine they'll about-face in the not too distant future when they realize how stupid this was.
    • Leeroy's hardly a creative take on gaming, but has anyone in these suits thought of the fact that specific sequences of play are the sole execution of the player?

      Seriously. Just once I'd love to see someone contrast the many ways to play X while recording with Y, with the many ways to code W and Z. (for example) There's bad ways to play a game that get you stomped, just like there's bad ways to code that get you fired. There's good too, of course, but my point is it would be counter-productive for the o
    • by whm ( 67844 )

      Vimeo may ultimately disagree, but the Leeroy Jenkins video is certainly machinima.

      It sounds like Vimeo is getting rid of all the general game-related videos. The writeup here lists pvp battles, raids, strategic stuff, etc.

  • Good Point. (Score:5, Insightful)

    by kellyb9 ( 954229 ) on Wednesday July 23, 2008 @03:43PM (#24310611)
    Because if gamers saw the actualy game play from the absolute garbage developers are putting out, they'd never buy games.
    • Because if gamers saw the actualy game play from the absolute garbage developers are putting out, they'd never buy games.

      This is why I rent console games. If it sucks, I'm out a rental fee. If I like it, I'll send back the rental copy and buy one of my own. Of course, you don't have that option for Wintendo games, but that's not my problem. :)

      • by Nightspirit ( 846159 ) on Wednesday July 23, 2008 @04:02PM (#24310931)

        Blockbuster should institute something where if you rent a game and like it, you can apply the rental price to the purchase price, although I don't know if that would cut too much into their margins. It would make me much more likely to rent a game from Blockbuster though before purchasing it.

        • Re: (Score:1, Informative)

          by Anonymous Coward

          Don't they already do that? Wasn't it a few years ago that the instituted a "you keep it, you buy it" policy on all of their rentals? (Of course they disguised it as "no over-due fees ever!" but the end result was the same.)

        • Re: (Score:3, Informative)

          I use GameFly, which works on a Netflix-style model. They have plans where, for a monthly fee, you can have one to four games out at a time. If you like a game, and it's listed as for sale, you can keep buy it used from GameFly. They'll send you the case and the manual. I've done this with Mass Effect and Soul Nomad and the World Eaters (it's Ogre Battle on crack).

          The turn-around time is about five days, in my experience, and once in a while GameFly will send a disk that's had the everloving hell scratched

    • by Haoie ( 1277294 )

      Agreed.

      You can really only learn so much from screenshots, reviews, and such.

      Got to see something in action before making a choice, right?

    • Re: (Score:2, Insightful)

      by D'Sphitz ( 699604 )
      I think that's the same reasoning people use to defend stealing movies and music. Apparently, everything is garbage nowadays. Music, games, movies, television, everything sucks ass. Is there anything in existence that you do like?
      • Re: (Score:3, Insightful)

        by Danse ( 1026 )

        I think that's the same reasoning people use to defend stealing movies and music. Apparently, everything is garbage nowadays. Music, games, movies, television, everything sucks ass. Is there anything in existence that you do like?

        It's not that people steal what they don't like. It's the idea of "try before you buy" that motivates a lot of people to download a copy first. It's not that everything is crap really. It's that you can't trust the publishers or reviewers out there, cause they're in a symbiotic relationship with the goal of selling as much as possible. Things like this ban of user-created gameplay footage just makes things worse. The tendency of many console gamers to buy whatever happens to be on the cover of a magazi

        • by KGIII ( 973947 )
          I can agree with this. I am actually a sort of proud owner of a WinZip license. I cracked that thing for years (really) as I tried it and then I realized that I liked what it did and how it did it so much that it was worthy of the investment. One of these days I may even pay for WinRAR. These days I could not and I could just have 7zip but, really, I don't like the interface for that at all. Sometimes a trial of thirty days isn't enough if you're only going to use it once during that time frame.
  • Let 'em, I say. There are other sites which are better suited for such things, such as YouTube or Revver.

    Hell, folks could even make money on Revver!

  • It's their site. (Score:4, Insightful)

    by Lilith's Heart-shape ( 1224784 ) on Wednesday July 23, 2008 @03:45PM (#24310643) Homepage
    Vimeo owns the site; they can do what they want with it. What's the big deal?
    • by Hairy Heron ( 1296923 ) on Wednesday July 23, 2008 @03:55PM (#24310809)

      Vimeo owns the site; they can do what they want with it.

      And they can also be criticized if they make decisions that their users don't like.

    • by philspear ( 1142299 ) on Wednesday July 23, 2008 @04:03PM (#24310959)

      Careful, CNN and the other "news" channels will copy this as an excuse to stop reporting on stories they think you're not interested in (which it's hard to show an interest in stories they don't run...)

      I can see it now:
      "In foreign news: nothing. All countries did their own thing, mind your own damn buisness! Here's the latest haircut Brittney got!"

    • Re: (Score:3, Insightful)

      by nobodyman ( 90587 )

      I don't think anyone's arguing otherwise. Honestly, I think the only hubbub is over the whole "Not creative expression" bit. I think that they are much more concerned with dealing with copyright issues and the fact that these game videos tend to be quite long. They should have kept it at that, and left out the perceived slight to gamers.

      • by KGIII ( 973947 )

        I have to respond to this... I could see this as creative expression, and I think that it is clear that is can be. It may not always be but I'm pretty sure that it can be.

        I personally think that they realized that they are typically large video files and realized that it wasn't cost effective to host them for nothing. I think they then tried to make this seem a bit more moralistic (is that even a word?) by claiming they were interested in protecting themselves from lawsuits.

        However, and here's the rub, crea

  • "Vimeo"? Who? (Score:5, Insightful)

    by Haeleth ( 414428 ) on Wednesday July 23, 2008 @03:46PM (#24310675) Journal

    Never heard of them. Wake me up when significant sites like YouTube start doing things like this...

    • Re: (Score:2, Redundant)

      Never heard of them. Wake me up when significant sites like YouTube start doing things like this...

      Cue "First they came for the jews" letter.

    • Re:"Vimeo"? Who? (Score:4, Insightful)

      by Endo13 ( 1000782 ) on Wednesday July 23, 2008 @04:45PM (#24311479)

      My thoughts exactly. I read the summary and here's what I got:

      "Irrelevant 2-bit video hosting site decides to become even more irrelevant by removing some of their small collection of videos."

      • I imagine a marketing guy at Vimeo laughing maniacally at us, /. readers, while counting a fat cash bonus.
      • Re:"Vimeo"? Who? (Score:4, Insightful)

        by cstdenis ( 1118589 ) on Wednesday July 23, 2008 @05:36PM (#24312047)

        Server admin: We're running our of disk space.
        PHB: Just delete a bunch of videos.

      • Re:"Vimeo"? Who? (Score:5, Insightful)

        by Carbon016 ( 1129067 ) on Wednesday July 23, 2008 @10:48PM (#24314553)

        Vimeo is the only video service on the web that can do HD video worth a damn. I tried Veoh and other related sites, and they flagged my video as containing copyrighted material (ironic because all of it was material I had worked ~3 months to create from scratch), had problems with uploads not appearing or processing, or were grainy low-resolution trash like YouTube. I know a lot of people are using it for game mod videos, for example.

        They're hardly irrelevant.

      • by telbij ( 465356 )

        Do you care about online video? Does quality mean anything to you?

        If the answer is yes to either question, you oughta check out Vimeo, because in a sea of competition the quality of their product really stands out.

        • by Endo13 ( 1000782 )

          If you know what you're doing, you can get a decent quality video on YouTube as well. Not to mention the fact that they're in the process of rolling out high-res video as we speak. It's undergoing testing, and some videos are already available in high quality. My first video I ever uploaded had a high-res version made available on the first day they went public with it.

          The real question is, do you want to have to give everyone a special link directly to your video in order for them to see it. If your video

  • by CopaceticOpus ( 965603 ) on Wednesday July 23, 2008 @03:47PM (#24310683)

    I can't be the only one who read the title and expected a story about Uwe Boll...

    • by Foddz ( 1181575 )
      You weren't. That was my initial reaction too...
    • by Eoika ( 1123009 )
      Uwe Boll also came across my mind but I was thinking the recent deal between EA games and United Talent Agency.
    • I expected a rant from a screenwriter about video game movies (and perhaps comic book movies) choking out other purpose-written scripts, because of the popularity of the game or comic automatically ensuring a box office hit, while a new script is a total unknown.
  • by SanityInAnarchy ( 655584 ) <ninja@slaphack.com> on Wednesday July 23, 2008 @03:48PM (#24310699) Journal

    It's called a takedown notice. That should shield you from any liability -- if the creators care, they send you a notice, and you make the video go away. Problem solved.

    Of course, the real reason is:

    Gaming videos are by nature significantly larger and longer than any other genre on Vimeo ...

    Really? Have they not seen Wormtooth Nation?

    But there you go -- they're not really afraid of litigation. They're afraid of file size...

  • The real reason (Score:3, Interesting)

    by elrous0 ( 869638 ) * on Wednesday July 23, 2008 @03:49PM (#24310719)
    The "these do not truly constitute creative expression" bit is just a cop-out for them to save face. They just don't want to come out and say "The only reason is that we're afraid of getting sued by the game companies and we're a bunch of poor pussies who can't afford lawyers. So please stop investing in us now that you know we're too poor to withstand even a small lawsuit."
    • Re: (Score:2, Informative)

      by Anonymous Coward

      They just don't want to come out and say "The only reason is that we're afraid of getting sued by the game companies and we're a bunch of poor pussies who can't afford lawyers. So please stop investing in us now that you know we're too poor to withstand even a small lawsuit."

      From the Vimeo staff blog, quoted IN THE SUMMARY.

      Further, such videos may expose Vimeo to liability from the game creator(s), as we have already seen action from popular video game companies against videos such as these.

  • by Pennidren ( 1211474 ) on Wednesday July 23, 2008 @03:49PM (#24310725)
    I feel sorry for whomever they put on the task of discerning which videos fit these categories. Boring.
  • by mikkelm ( 1000451 ) on Wednesday July 23, 2008 @03:51PM (#24310749)

    Video capture of gameplay for the sake of the gameplay is about as creative as live capture of a sports event for the sake of the sports event.

    • Video capture of gameplay for the sake of the gameplay is about as creative as live capture of a sports event for the sake of the sports event.

      So they need a disclaimer at the end of video games. This one in WoW's case:

      "Rebroadcasting, or any other pictures, descriptions, or accounts of the game, without Blizzard's express written consent, is strictly prohibited."

      • Re: (Score:2, Funny)

        by Tankko ( 911999 )

        So they need a disclaimer at the end of video games. This one in WoW's case:

        So, in WoW's case, you'd never see the warning. :-)

  • If they are creative expression then they're unlicensed derivative works. You lose either way.

    • Re: (Score:2, Insightful)

      How can you be on slashdot and not know about fair use. I'm going to go put my head in the oven now.

      • If I buy a copy of Batman, draw a mustache on all the faces and then upload it, that's not fair use. It's a derivative work.

        We're not talking about a few screenshots and 10-second video clips; we're talking about folks who have recorded playing the entire game from start to finish, performing virtually the entire work. And then uploaded it. No court in the nation would agree that's fair use.

  • It may not be creative expression but it is wanted by the crowd under the social network banner. A big lose of potential visitors. I guess they have a great amount of game-play vids and are saying enough is enough, it does cost us to host them but there is nothing we can get in return. Someone filming real life will get bared next since this isn't creative expression either.
  • by Chyeld ( 713439 ) <chyeld@g m a i l . com> on Wednesday July 23, 2008 @03:58PM (#24310849)

    With better resolutions, less BS moderation, and a 'better' community.

    So far I really haven't seen anything more than the potential of better resolutions. They are just as free as Flikr or Youtube in "Eww, I don't like that, delete" button useage, and frankly I haven't really seen anything being hosted by them that wasn't already everywhere else. Other than a few 'name' players like Improve Everywhere using it to host their videos, there hasn't been much of a drive for me to visit it.

    I wish them luck, but I have a feeling they are going to suddenly discover starting out tough on content really isn't going to help them gain market share.

  • by Stone Rhino ( 532581 ) <mparke@@@gmail...com> on Wednesday July 23, 2008 @04:01PM (#24310905) Homepage Journal
    Walkthroughs don't constitute creative expression? Watch the series of videos linked from this thread [somethingawful.com]. It's the best look at a terrible game you'll ever see. Sometimes funny, often insightful, and very informative about a interesting and influential chunk of game history.
  • Agreed (Score:3, Interesting)

    by elemnt14 ( 1319289 ) on Wednesday July 23, 2008 @04:01PM (#24310915)
    I think that walkthroughs, or gameplay videos do not necessarily show creative expression. Your watching a video on how to do something. The equivalent is reading a do-it-yourself book. I can see why Vimeo can take on the same view. The posters are not taking the game and throwing their own twist on it, just simply posting a copy of it. Now that the devil's advocate is gone.. Personally i agree with what other people have been saying. Posting walkthroughs and similar could bring about legal issues in the future. In a way, they are promoting creative expression with more intensity seeing you will be watching "videos with a twist" more than other stuff.
    • How would this reasoning apply to people who put up videos of *themselves* while they are playing the game, such as DDR? That's something that I and many others do -- upload videos of ourselves dancing to the steps of DDR, or our finger movement in Guitar Hero. It's not a copy of the game (although some people, for reasons I can't discern, simply upload the screen feed! Yeah, REAL exciting to see a bunch of arrows scroll up and disappear, which could just be a script...) -- it's a person showing how he do

    • In a way, they are promoting creative expression with more intensity seeing you will be watching "videos with a twist" more than other stuff.

      You mean stuff like THIS FAN GAME VIDEO WILL BE FLAGGED [youtube.com]?

  • So, some random video site removes gaming clips because they're scared of getting sued, then gives a lame excuse as to why they did it, and this is front page material on Slashdot? Bullshit.
  • Internal Insight (Score:2, Interesting)

    by Anonymous Coward

    I'm posting as anonymous since I am a Connected Ventures employee and I am in the same office as Vimeo. Connected Ventures owns College Humor, Vimeo (sort of), and Busted Tees.

    The major push for this came down from the legal department. Within the past few months Vimeo has received a hand full of orders from the likes of EA and other industry giants to take down videos of their games. Video sharing sites in general have a hard time turning a profit, e.g. YouTube, and Vimeo is no exception. At this point

  • I like Vimeo: It has a very clean interface (at least with AdBlock, dunno how it looks without it), and the videos can be quite a nice bitrate (though it needs some precise pre-decoding to get the desired results).
    Besides that, there are some awesome (short) movies on there, and it's been a great site for me to randomly browse and discover some gems (on a whole other level than the amusement of a general YouTube video brings me).

    More on topic: What's the deciding factor when watching a game's video that
  • Screw Vimeo.

    As a Technical Writer I can say confidently that writing instructional material like game walkthroughs takes a lot of creativity and talent. Furthermore, playing a game in a formulaic fashion suitable for publishing as a no-frills walkthrough takes a lot of discipline and trial-and-error.

    Technical communication is a skill to be learned and perfected, but it also takes talent and creativity to identify your audience and communicate effectively. For instance, you'd use a different literary
  • If the user has any control of a character on the screen, he's performing a creative expression. Contrast this with, say, recording an in-game video sequence -- that's not at all creative on the user's behalf.

  • by Anonymous Coward

    Go with open source games and eliminate our addiction to non-free games. Then there would not be any issues with video game movies at all.

  • I imagine that GameVee.com [gamevee.com] would be more than happy to pick up the slack.
  • by BenSnyder ( 253224 ) on Wednesday July 23, 2008 @07:47PM (#24313253) Homepage

    Remember that /. story a few weeks ago "Your Mashup is Probably Legal [slashdot.org]?" It talked of a group of copyright experts who issued Fair Use guidelines [centerforsocialmedia.org] for the use of copyrighted material in videos. In it, they issued 6 guidelines. Quoting:

    FOUR: REPRODUCING, REPOSTING, OR QUOTING IN ORDER TO MEMORIALIZE, PRESERVE, OR RESCUE AN EXPERIENCE, AN EVENT, OR A CULTURAL PHENOMENON

    DESCRIPTION: Repurposed copyrighted material is central to this kind of video. For instance, someone may record their favorite performance or document their own presence at a rock concert. Someone may post a controversial or notorious moment from broadcast television or a public event (a Stephen Colbert speech, a presidential address, a celebrity blooper). Someone may reproduce portions of a work that has been taken out of circulation, unjustly in their opinion. Gamers may record their performances. (emphasis mine)

    PRINCIPLE: Video makers are using new technology to accomplish culturally positive functions that are widely acceptedâ"or even celebratedâ"in the analog information environment. In other media and platforms, creators regularly recollect, describe, catalog, and preserve cultural expression for public memory. Written memoirs for instance are valued for the specificity and accuracy of their recollections; collectors of ephemeral material are valued for creating archives for future users. Such memorializing transforms the original in various waysâ"perhaps by putting the original work in a different context, perhaps by putting it in juxtaposition with other such works, perhaps by preserving it. This use also does not impair the legitimate market for the original work.

    LIMITATION: Fair use reaches its limits when the entertainment content is reproduced in amounts that are disproportionate to purposes of documentation, or in the case of archiving, when the material is readily available from authorized sources.

    • by skeeto ( 1138903 )

      Some companies like having game play videos on the Internet. For example, Blizzard is very clear that not only are they are okay with videos from their games on sites like Vimeo and YouTube, but they encourage it: http://www.blizzard.com/us/legalfaq.html [blizzard.com]

      And who are these game publishers that are so retarded they want gameplay videos taken down? It's free publicity! People who might have never heard of the game otherwise may end up making a purchase due to a cool gameplay video they saw.

  • by Anonymous Coward

    Connected Ventures, the company behind vimeo, made another significant change on one of their sites this week that I can only attribute to some sort of legal advice. Collegehumor.com removed the "R-rated" category on their pictures index page, and it took me a full two days to find an obscure link to the "R-rated" section in the footer of their homepage. I missed out on self submitted college coed 'boobies' pictures for at least 48 hours. I barely made it.

  • by Daetrin ( 576516 ) on Thursday July 24, 2008 @12:22AM (#24315057)
    There's too many people complaining to target anyone in particular, but Vimeo has made three claims:
    1: direct capture videos of games (that aren't Machinima) aren't particularly creative.
    2: Hosting such videos constitutes a possible legal liability.
    3: Such videos tend to be longer and take up more space than average.

    #3 is almost certainly true. #2 is apparently true, i'm willing to take their word that they've had to deal with legal action already, and that regardless of how it would turn out in court they don't feel like dealing with the hassle. And you know what? In my experience #1 is true too. I've seen a lot of direct capture videos, and although there are some exceptions for the most part they are often interesting and often informative, but they are very rarely creative. "That's cool" does not automatically equate to "that's creative."

    If you've taken a direct capture video but you've also added your own content on top to make some kind of social commentary or make a joke or tell a story, or used the engine in unusual ways to do the same, then congratulations, your video is creative and you can probably get it in as Machinima or a music video or some other category. But if all you've got is a capture of some people playing a game as it's meant to be played then that's not very creative at all.

The truth of a proposition has nothing to do with its credibility. And vice versa.

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