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Updated: 10/12/12
Are you hoping to see some sweet streams or videos of Halo 4 when it comes out in November? Good luck. Microsoft has just released new rules that prohibit pretty much anyone from making money by streaming, or placing videos, anywhere on the internet.
Wow.
You can still post it if you like, but the new rules state that you can't have ads during, before, after, or even ON THE SAME PAGE as the viewing content if those ads bring in revenue for your site. Here is the important bullet point.
- You may post your Item to a page or website that has advertising, but only if you do not earn any money from that advertising. For example, if you post your video on Youtube or Vimeo and there happens to be an advertisement next to it, then as long as you don't get paid for that advertisement, the fact that there is an advertisement on the page doesn't break these Rules. But enrolling in the Youtube partner program (or other similar programs), where you are entering into an agreement to get paid, is not allowed. On a similar note, if you create and distribute a free app, then you can't earn any money from advertising in that app.
This means that a site like this, according to Microsoft, cannot put up a youtube video of Brad or Nick playing Halo 4 if we have an ad on the page next to it. We also can't stream it, according to them, because an ad plays when you enter our stream. And this seemingly goes for Youtube Partners as well who usually have no problem with this sort of thing.
And this isn't just for Halo. The new rules cover all games published by Microsoft Studios including:
- Halo (all versions)
- Forza Motorsport (all versions)*
- Fable (all versions)
- Kinectimals
- Kinect Adventures
- Kinect Joy Ride
- Age of Empires (all versions)
- Flight Simulator (all versions)*
- Kameo
- Perfect Dark Zero
- Project Gotham Racing (all versions)*
- Shadowrun
- Viva Piñata
I'm not eaxtly sure what Microsoft is trying to accomplish with this iron fist they're suddenly trying to crush video game websites with, but it surely isn't going to help the public perception of them being an overbearing regime.
[UPDATE]
Frank O'Connor from 343 has commented.
From NeoGaf
These guidelines have been out there for months. How many of you are posting from jail? We'll get some clarifying messaging out there, but the legalese won't change, because it's legalese. We'll craft a path through the semantic minefield, however.
As I mentioned in the Halo community thread, these rules actually haven't really changed, and even the updated and clarified text has been up there for months. I assume somebody just noticed this and posted this morning because it sort of blew up. This has always been the Legal status for the IP (and MOST IPs in fact), and as you also already know, nobody is being sued, or in jail, etc etc etc.
The language isn't designed to stop kids streaming their games, or covering their costs, it's designed to stop big companies from using somebody else's IP to run a business.
We'll put together some language that will help community people navigate this easily, and give people workarounds.
[source: gamespot]
Comments
11 years, 7 months ago
With these rules they'll get less exposure; why not let people stream and post videos to help drum up the hype? This is just legal bullshit that's going to get the public's panties in a twist.
I guess I'll have to see about disabling ads during my Fable: The Journey play through on Friday :(
11 years, 7 months ago
Okay now that's just stupid. Microsoft doesn't want their games to be seen.
11 years, 7 months ago
So... I wonder how this will affect Bob's journey through the world of Fable the Journey.
11 years, 7 months ago
No Viva Pinata? No Perfect Dark Zero? and most of all no more KAMEO?
Damn Microsoft bringing down dah hamma!
11 years, 7 months ago
Wow, and I thought regular old NDAs were bad for streamers.
11 years, 7 months ago
But but those streams allow people to see all the game without buying them. They totally don't allow people to see what a game is like, so they can make an informed decision.
Also, I wonder how this will effect Rooster Teeth and Red vs. Blue?
11 years, 7 months ago
I'm more afraid that these events will spark more companies to want to profit off us streaming their games without permission.
This is a major concern.
11 years, 7 months ago
Why Do You Squeal Like A Pig Joseph
11 years, 7 months ago
Talk about shooting yourself in the foot. It's not like a single video of halo 4 is going to generate amplitudes of money for the broadcaster anyway. The extra commentary and shenanigans earn that in itself though. What. a. CROCK. of shit.
11 years, 7 months ago
Well, that's shitty.
11 years, 7 months ago
Youtube doesn't let us monetize videos with gameplay footage anyway (if you do, it eventually gets revoked). Still, I can't upload anything on that list from now on because it could show up on the youtube feed on the side of the main page (where there are ads we make money from). In a roundabout way, that can be argued a violation of the "rules". Also, if we ever become youtube partners, I have to go back and hide or backup/remove everything on that list. That includes most of our Nobunaga videos.
11 years, 7 months ago
Well if microsoft wants to do it than they better be prepared for the shit storm to follow. People will just play other games and it will keep devs from wanting microsoft to publish their shit, because of lack of exposure. Roosterteeth should be fine btw. Doesnt really matter for ppl who want to see gameplay in the long run because there are plenty of youtubers doing game playthroughs who arent in a ad program, so there will still be videos up. This only fucks over streamers and popular youtubers.
11 years, 7 months ago
Dick move, I approve, catch that groove...
Is this seriously enforceable and/or would breaking these 'rules' be actionable?
11 years, 7 months ago
I don't see why Microsoft would care if someone's making money off of streaming their games, they have enough money to buy their own fucking country! Also gaming isn't something that's important to them since they own the computer market. Coincidentally, people will be streaming off of Microsoft run Operating systems! :P
11 years, 7 months ago
I guess Microsoft is operating under the assumption/delusion that if people can't watch their games being played, then they'll just HAVE to buy the game to see it! Because that's how the world works: less exposure = MOAR SALEZ! Well, these are the same people that think Xbox LIVE Gold is a good business practice, so this doesn't surprise me so much.
11 years, 7 months ago
Now how am I going to get my fill of streamed Kinectimals? Microsoft, you done eff'd up.
11 years, 7 months ago
This is complete BS of the highest order, If it was to stop their game being showed why not ban any unofficial videos. Whats to stop people creating a new youtube account, posting the video and posting a link on their blog/site
11 years, 7 months ago
I wonder who's the guy who made that rule? It may seem pointless, but knowing the guy behind it can tell a lot. It's like when you ask: why does every game in EA has to be multiplayer? Search Frank Gibeau and you'll get your answer.
11 years, 7 months ago
A game like Halo 4 will make money regardless of exposure on Youtube and Twitch. It just will because it's Halo.
Anyways, copyright and fair use don't mix. Their rules wont stop their games from surfacing on the internet and prevent someone from profiting from it.
11 years, 7 months ago
GG Microsoft, way to shoot yourself in the foot. You really think this will prevent people from profiting off streaming these games? LOL
11 years, 7 months ago
Asinine in its purest form. My memory isn't serving too well, so can someone tell me if Microsoft gives into public backlash easily?
11 years, 7 months ago
I'm not 100% sure but I think this applies for straight gameplay. You can see similar wording in almost every gother ame's EULA. I'm pretty sure Fair Use rules still apply here, otherwise a vast majority of sites would not be able to have video reviews and the like of the games. Not sure about the rules for streaming though.
11 years, 7 months ago
Hey Microsoft! You know that show that made Halo HUGE and gave you MILLIONS? You know Red Vs. Blue? Know how important Rooster Teeth was for your success with the XBox? I may be wrong but I do think that they had at least some influence. Also their website Achievement Hunter is pretty much entirely made dedicated to your system. Well I guess we will never hear from those guys ever again. It's okay Rage Quit was kind of annoying.
11 years, 7 months ago
Oh god no more Kinectimals streams either?
OH GOD
11 years, 6 months ago
You know really, who cares? Why do we care so much about supporting MS's large ass head and wallet with these sorry, dying franchises? I much rather watch someone play xcom, at least there is some unpredictability there...