Soulmonster
Survivor
Apparently, they consider it a disadvantage to their business, so they would disagree with you.
The missed post from JaWoodle
- Thread starter richardjrb76
- Start date
bdubyah
Hunter
I would say there is a possibility he didn't know, though I think he did, but I would consider that just as bad. He made this game his job, so if he is making update videos on things he isn't even aware of, that's just unprofessional on his part. If he wants to call it a "business" and expect compensation he should probably take it more seriously.
theFlu
Hunter
As would Woodle?
Soulmonster
Survivor
As I said elsewhere, if his costs exceed the revenues he has already had, then I think TFP should offer to cover that balance, just to be nice. Not sure that is the case, though.
bdubyah
Hunter
I know he mentioned it in his video, but I'd like to know what he would've called fair compensation. AFAIK, he mostly does his own editing. How much is an editor worth? What would re-editing a ~30 minute video to cut out a little bit cost? I feel like I could do it in maybe an hour, and I don't even remember how to use editing software, so I assume any competent video editor could do it in much less time. What does 30 minutes of work cost in this situation? Was he really willing to get into this mess over like $50?
Soulmonster
Survivor
Of course, but the difference is that he doesn’t own the content and hence it is not him to earn money off it.
bdubyah
Hunter
Did he buy any of that just to make the videos that got taken down? Or did he already have it? TFP aren't responsible for his equipment. Lol.
Dead Smarty
Survivor
So the Uber you call should not get paid cuz he already owned the car? Even volunteers are entitled to some form of compensation if they use their private owned means.
Sorry but what kind of world do you live in, Utopia?
Soulmonster
Survivor
I live in a world with properly laws.
And as I have said, if Jawoodle has lost money on the video when it was unpublished, then I think TFP should cover that loss.
bdubyah
Hunter
If anything he would get paid for the time it took to make the video. But he wouldn't get anything for any equipment if he already had it.
theFlu
Hunter
The content removed is the video, not the game; he does "own" that.
Prisma501
Survivor
Thats not certain. He got a copyright strike based on breaching an NDA. Nobody knows what that NDA contains, so stating he "owns it" is premature.
Soulmonster
Survivor
The video disclosed features of 7DTD (graphics, behavior, gameplay, etc) which are owned by TFP and which they did not want to be disclosed to the public. The video contained IP owned by Woodle (his commentary, disposition, etc) and IP owned by TFP. An analogy could be a video recorded by me which happened to contain a painting by someone else or a soundtrack I did not have rights to.
theFlu
Hunter
NDA's aren't meant to transfer rights. Even if an NDA does so, it might be thrown out in court. Filing a DMCA takedown over a "clean NDA" would be an abuse of the DMCA system.
Both can easily fall under Fair Use; so making strong claims about TFP owning the removed content is generally not advisable.
Soulmonster
Survivor
I don't think disclosing features of a computer game which is not intended to be revealed to the public, will come close to "fair use". Fair use is more to use excerpts of texts or songs which are already published.
Prisma501
Survivor
As said we dont know what the NDA covers. If this goes to court we will know. You stating it doesnt, does not mean anything.
theFlu
Hunter
This is not exactly an insult, but you can't seem to grasp context. I was arguing against someone going "TFP holds all the rights" ... by pointing out same CAN apply to JaWoodle as well. Yes, my statement is as empty as theirs without a court ruling / case law. That's the point of it.
Another point that would need to be measured in court - TFP provided THAT build to do content on, it Was delivered as something to publicize.
You can't just go "therefore TFP is right" after that.
Dead Smarty
Survivor
Are you for real???
Any professional you hire brings his tools. it might not be specified in detail but for sure the use of his tools is included in the hourly rate. Why do we even have this discussion, are you just troling?
Soulmonster
Survivor
People are allowed to make mistakes. If Mick Jagger sent me the next unreleased Rolling Stones album, I would not be allowed to publish it. It wouldn't be mine because they made a mistake.
And because they made a mistake, Woodle would likely never be legally punished for the initial posting of the video. But as soon as he was told of the mistake and that TFP wanted the video unpublished, he was obliged to unpublish it. And then in my opinion TFP should cover any losses he might have incurred up to that point, and if not, a judge would likely rule that way regardless.
