61 replies to this topic

[Escef]

GRiPSViGiL, on 06 April 2016 - 09:38 AM, said:

I am sure the 12 viewers didn't even notice your score in the end game screen.

I used to get 30-40 viewers in my old timeslot. Since my work schedule changed and I had to move my stream to compensate, I've been getting 10-15. And I'm relatively small time, even by MWO streamer ranks. Someone like xImpalerx gets well over 60 often enough, and at times peaks around 100.

Believe it or not, people watch game streamers.

Edited by Escef, 06 April 2016 - 09:47 AM.

[GRiPSViGiL]

Escef, on 06 April 2016 - 09:46 AM, said:

I used to get 30-40 viewers in my old timeslot. Since my work schedule changed and I had to move my stream to compensate, I've been getting 10-15. And I'm relatively small time, even by MWO streamer ranks. Someone like xImpalerx gets well over 60 often enough, and at times peaks around 100.

Believe it or not, people watch game streamers.

I remember you having about those numbers. I used to get around anywhere from 2-20 depending who else was streaming during my Tuesday 8 hour play sessions . How anyone can watch impaler is beyond me. Always asking for money, I figure it is intriguing to watch some old crogey creep closer to death, at least that is why I watched. Figured any minute he would croke.

Edited by GRiPSViGiL, 06 April 2016 - 10:04 AM.

[Heffay]

I highly recommend Buddah retains the services of a lawyer and proceed with a full court press against Twitch in a lawsuit. Spare no expense! Remember, they're going to try to outlast you, so keep spending that money until you win!

[Afuldan McKronik]

This escalated very quickly. Haha.

[Chuck Jager]

I Zeratul I, on 05 April 2016 - 10:37 PM, said:

If you copyrighted the name Mechwarrior Buddah and owned the copyright of the image of the mech you were using you might be able to block them on the grounds that they were violating your intellectual property. But once that sex tape gets out the DMCA won't do much to cease and desist it from propagating in the wild.

Copyright happens the moment it is created. Specific names are trademarked, which you do need to apply for. I have worked in graphic/web design and this is an endless circle, even though the rules look kinda clear.

• Open to the public by a private entity, usually still implies a private space (not always). Just because the door may be unlocked and something is left on the counter, it is still theft if you walk in and take it.
  
• If you are using VOIP and it is in game, many states do not allow recording without consent (voice not image), but it would probably need to be handled in that state courts. I do not know if this would be criminal or civil.
  
• You pretty much need to send a cease and desist, and then if it continues there would need to be some damage done. Yes movie companies state otherwise, but have fun getting a court to do something.

If there is harassment, then the ball moves to criminal court and somebody has more tools to fight back.

So the basic idea is unless your finances or personal safety is being threatened in a very provable manner, it is not really worth losing sleep over. If you may have a reason, have fun coughing up the money for a lawyer, and be prepared to pay for the other person expenses if you loose.

[Escef]

GRiPSViGiL, on 06 April 2016 - 10:03 AM, said:

I remember you having about those numbers. I used to get around anywhere from 2-20 depending who else was streaming during my Tuesday 8 hour play sessions . How anyone can watch impaler is beyond me. Always asking for money, I figure it is intriguing to watch some old crogey creep closer to death, at least that is why I watched. Figured any minute he would croke.

Wow, I don't know if that's supposed to be a joke or just disrespectful. Knowing you, I'd say disrespectful, given that you've thrown threats of physical violence at me in the past.

[Ex Atlas Overlord]

CD LoreHammer Lord, on 06 April 2016 - 04:17 AM, said:

I can't be the only one who checks posted screenshots or videos only to see if it contains myself in a crappy performance.

I do that too.

[Escef]

GRiPSViGiL, on 06 April 2016 - 04:55 PM, said:

As for you, I merely reacted to your unsolicited disrespectful replies to posts I made.

Yeah, I recall the exchange. You talked all big and bad (like you just did now), I said I wasn't impressed (like I once again am not), you then called me an internet tough guy (when I made no boasts, yet you did, I believe that's called hypocrisy), and threatened me with physical violence.

I mean, no, threaten me some more with violence over the internet, man. I'm so impressed at your ability to threaten my well being through a medium with near complete anonymity. That takes a lot of bravery.

[Sjorpha]

Mechwarrior Buddah, on 05 April 2016 - 05:55 PM, said:

That doesnt even work in real life. You have to blur out ppl who dont give consent lol

No you don't, documentary material in public locations aren't subject to consent. I work with film, so this question comes up from time to time. I'm in Europe though, the US might have some other law but I kinda doubt it given all the huff n puff about the first amendment.

Quote

and this isnt public. Its a private game company owned server

Interesting question, but I think it is considered a public location for the purpose of recording. Or rather it is PGI who is giving consent to record their game. Either way you have no say in who records and broadcasts your matches. They don't have to inform you that they are recording or streaming either, that's just a courtesy if they do.

Edited by Sjorpha, 06 April 2016 - 05:20 PM.

[Afuldan McKronik]

Escef, on 06 April 2016 - 05:15 PM, said:

Yeah, I recall the exchange. You talked all big and bad (like you just did now), I said I wasn't impressed (like I once again am not), you then called me an internet tough guy (when I made no boasts, yet you did, I believe that's called hypocrisy), and threatened me with physical violence.

I mean, no, threaten me some more with violence over the internet, man. I'm so impressed at your ability to threaten my well being through a medium with near complete anonymity. That takes a lot of bravery.

He does seem quite agressive.

[Davegt27]

Mechwarrior Buddah, on 05 April 2016 - 05:45 PM, said:

Can you refuse transmission of your game and do the twitch broadcasters have to care?

Like a game I was just in where I did 100 damage in a mauler cause my own team cored me from behind before I even got shot at. If I said I didnt give the rights to broadcast that do twitch streamwers have to care?

we already know your pretty good so no worries

[cazidin]

Davegt27, on 06 April 2016 - 05:20 PM, said:

we already know your pretty good so no worries

We do?

[S 0 L E N Y A]

Chuck Jager, on 06 April 2016 - 10:56 AM, said:

So the basic idea is unless your finances or personal safety is being threatened in a very provable manner, it is not really worth losing sleep over. If you may have a reason, have fun coughing up the money for a lawyer, and be prepared to pay for the other person expenses if you loose.

First part is pretty much the bottom line. In many cases unless you have suffered an actual harm then you get a legal "so what."
Generally also true for minute harms (assuming you are outside of small claims) unless you want to spend a lot of money and waste a lot of time just to learn what "nominal damages" are. Though realistically (or hopefully anyway) your attorney would not let things get to that point.

In the United States the default rule is each side pays for their own attorney. There are some instances that involve what are called "fee shifting statutes" in which a prevailing attorney can ask the court to award them "reasonable attorney fees"
However, fee shifting statutes usually exist for plaintiffs, not defendants.

[Sader325]

I suppose this thread applies to me to an extent.

Anyway, I pay very little attention to who scores what in my streams. Even when I see people I actually know.

The only thing that matters to me is my personal performance, and honestly that's all the people in my stream actually *care about.

*I don't actually think people who watch my stream even care that much about my individual performance, they're more interested in the overall effectiveness of the non meta builds I tend to run.

In short:

I don't care and no one watching my stream cares about your bad game.

[N0MAD]

Actually you can stop a twitch streaming you on the interwebs, my daughter is in law she verified it, just depends if you want to spend the $.
Check out what happended in a LoL final few years ago, a player refused to be twitched and they couldnt by law stream it.
Check yourselfs.

[Ex Atlas Overlord]

N0MAD, on 06 April 2016 - 07:44 PM, said:

Actually you can stop a twitch streaming you on the interwebs, my daughter is in law she verified it, just depends if you want to spend the $.
Check out what happended in a LoL final few years ago, a player refused to be twitched and they couldnt by law stream it.
Check yourselfs.

Well there we have it.

This guy on the internet knows a guy.

Check "yourselfs".

Edited by The Atlas Overlord, 06 April 2016 - 08:21 PM.

[Col Jaime Wolf]

Mechwarrior Buddah, on 05 April 2016 - 05:45 PM, said:

Can you refuse transmission of your game and do the twitch broadcasters have to care?

Like a game I was just in where I did 100 damage in a mauler cause my own team cored me from behind before I even got shot at. If I said I didnt give the rights to broadcast that do twitch streamwers have to care?

honestly idk. you could email twitch support and ask them for clarification.

but on a whole i would imagine short of asking twitch to remove the video directly, asking someone not to stream a game that you are in wont do much.

[Mechwarrior Buddah]

wow this thread is still going O.o

[S 0 L E N Y A]

N0MAD, on 06 April 2016 - 07:44 PM, said:

Actually you can stop a twitch streaming you on the interwebs, my daughter is in law she verified it, just depends if you want to spend the $.
Check out what happended in a LoL final few years ago, a player refused to be twitched and they couldnt by law stream it.
Check yourselfs.

I think you are talking about the "Faker" incident, in which case the issue was over who owned the stream.

In the instance of OP, there may be a claim of "right to publicity" also known as personality rights.

At a base level, what could OP realistically get from this?
A cease and dissist letter to Twitch may work. That at the very least will cost a few hundred.

If Twitch tells you to pound sand, now you have to seek a court injunction. Things just got A LOT more expensive.

OP isnt famous, and I presume OP has no other streaming deals outside of twitch which generate income for OP, so money damages are out.

Again, this has to be weighed against any contractual agreements that you have with PGI and their terms of use

[NoiseCrypt]

https://mwomercs.com/terms

4. Your Content—The PGI Offerings may contain bulletin board, chat, forum, social media or other communication services. We do not claim ownership of any Content that you post, upload, input, provide, submit or otherwise transmit to us, or any third party, using the PGI Offerings (collectively, “Your Content”); however, you agree that by posting, uploading, inputting, providing, submitting, entering or otherwise transmitting your Content to us or any third party using the PGI Offerings,

• 1. License to Us—you have thereby granted us a royalty-free, non- exclusive, worldwide, fully paid-up limited license to use, copy, distribute, transmit, display, edit, delete, publish and translate Your Content to the extent reasonably required by us to provide the PGI Offerings as they exist from time to time or to ensure adherence to, or enforce, the terms of this Agreement,
  
• 2. Your Warranty to Us—you will have thereby confirmed, represented and warranted to us that you have all rights, titles and interests, as well as the power and authority necessary, to grant the license to Your Content set out above, and
  
• 3. Indemnity of Us—you will indemnify and save us harmless from and against any liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any action or to satisfy a judgment and expenses of any kind and character whatsoever incurred by us relating to or arising from Your Content, including instances where the Your Content (A) infringes any Third Party Content or other third-party intellectual property rights, or ( is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful.

And that's about it. Everything you do in MWO is owned by PGI

Edited by NoiseCrypt, 07 April 2016 - 04:41 AM.