Stopping Creativity with the Creators Program

Recently, Nintendo launched its “Creators Program” where you can share ad-money for Nintendo-related videos you upload on YouTube. You can either submit your entire channel and receive 70% of the ad profits or submit individual videos and receive 60% in ad profits. Previously, Nintendo had the option (and oftentimes did) claim copyright and either take down a video or receive all the profits from ads. This new move seems fair…in theory. But Nintendo is going down a dark road that will ultimately stifle creative voices and shoot themselves in the foot.

In college, I used to work on this show called Video Game Hour Live (http://www.texasstudenttv.com/show/videogame-hour-live). As the name suggests, we would go on TV and play video games live for an hour. Of course, video games are copyrighted material, and we ran ads in-between breaks without splitting the proceeds with video game publishers. How we managed to legally play games on live TV is through commentary. Basically, since we gave our opinions as the game was played, it functions as a review and was protected under fair use.

James, Jordan and I discuss the intricacies behind "Rugrats Scavenger Hunt"

The live show we had on VGHL is very similar to the many Let’s Play videos on YouTube, which are the targets for Nintendo’s copyright claims. However, there is a caveat that might not protect Let’s Play videos like an hour-long show. In determining fair use, “the amount and substantiality of the portion used in relation to the copyrighted work as a whole” is taken into account (http://www.badmovies.org/sideshows/articles/fair-use.html). In a 40+ hour game, an hour wouldn’t necessarily be a substantial portion. But Let’s Play videos usually consist of the entire game. Even with commentary, it might be harder to argue for fair use when it consists of the entire copyrighted work.

So what about video game reviews? Video games are a visual medium, so video reviews are the most appropriate way to accurately judge a game. Reviews are protected by fair use because they are by definition a critique of a copyrighted work. Sites like IGN make money by creating video game reviews, but would they have to share profits with Nintendo?

Let’s use my previous review of Kirby’s Return to Dreamland for example. When I worked there, VGHL didn’t have plans to monetize online videos, but could we without Nintendo taking some profits away? In that review, I gave my opinion accompanied with gameplay. When I discussed how I enjoyed the Super Abilities, I had gameplay showing off the Super Abilities. It’s the very definition of a review, but I do use visual-audio content from Nintendo, which means my review can still be subject to their copyright claim when uploaded to YouTube. Does that mean IGN will now have to share profits with Nintendo if they review a Nintendo game? And if not, what unwritten rule makes them exempt but not a smaller reviewer? The Creators Program does not have an adequate answer to deal with reviews.

Many reviews use gameplay footage. How does that tie in to the Creators Program?

The biggest issue content creators will find is the list of games that qualify for the Creators Program (https://r.ncp.nintendo.net/whitelist/). Many popular series, such as Super Smash Bros and Pokémon, are entirely excluded from the program. Any videos containing these games will automatically be claimed without even a chance to share in the ad profits. You might argue that the list will be updated with new games, but I’m pretty sure no plans exist to release a new game on the N64. Out of the entire N64 library, only 8 qualify!

Super Smash Bros Nope!

Instead of looking at making ad-profits in the short-run, Nintendo should allow content creators to remain unhindered to improve sales and impressions in the long-run. Just look at death-stare Luigi! These fan created videos not only showcased the replay feature of Mario Kart 8, but also drove to higher sales. Other game companies have successfully improved sales and their reputation by capitalizing on user-generated content rather than quashing it. Square Enix released their own template for Final Fantasy XV’s car memes and EA published more copies of Skate 3 after it was featured on PewDiePew’s channel. Encouraging fan creations is key for continued interactions with brands.

My personal favorite FFXV car meme. Screenshot courtesy of Lythero (https://www.youtube.com/watch?v=MHpsty9LJb4)

I don’t personally plan to monetize Gaming with Smiles, but I feel Nintendo is making a serious misstep and hurting their fanbase. Fair use is already a grey matter, and enforcing it on a case-by-case basis will easily become a legal headache and a PR nightmare. Nintendo certainly isn’t the only company that enforces copyright claims on video game content, but it’s apparent they still haven’t learned their lesson from previous copyright claim fights. Many YouTubers I frequent put considerable amount of work in their work, and it’s a shame the company these content creators support turns its back on them.

Smiles and Tears: An Ode to Earthbound

*This post will contain SPOILERS to Earthbound. Why am I giving a spoiler alert for an almost 20 year-old game? Because it's that good!

15 years ago, I received a copy of the original Smash Bros on the N64. Super Smash Bros is the ultimate crossover, bringing characters from multiple Nintendo franchises together and serving as a great introduction to many franchises I was previously unfamiliar with. Thankfully, I've since became a huge fan of many of these franchises. But one character that continued to elude me was Ness. As a kid, I was fascinated with him. In a game with electric rodents and space foxes, I felt I could relate most to the baseball-playing schoolboy with psychic powers. But where did he come from and what was he like? I always assumed based on Ness' unassuming demeanor that Earthbound was a simple, carefree game. I couldn't be further from the truth.

15 years later, I download Earthbound on the Wii U. Immediately, I get the impression that this game's going to be weird. Long story short, big meteor crash lands in my hometown, a bug tells me I need to get three friends to save the world with me, bug gets killed by my jerky neighbor's mom, and I'm off on an adventure.

R.I.P Buzz Buzz. Sorry about Pokey's mom.

At first, the battle system plays like any standard RPG. You and your opponent trade hits until one is left standing. At the beginning, Earthbound was somewhat tough with just Ness. Taking on punk after punk in Onett proved tiresome without a proper way to heal myself. I initially adopted my strategy I used in my Pokemon playthroughs and relied only on free healing (in this case Ness' house). I'm usually stingy when it comes to buying items, and it didn't help matters when the ingame currency is dollars. If I wouldn't spend $14 for a hamburger in real-life, I'm sure as heck not going to spend that here!

The turning point of my playthrough was when I finaly recruited Paula after rescuing her from a cult (yes, this game is weird). I finally could share my adventure with a new friend, and a powerful one at that! Paula's psychic abilities make up for her low HP. Although problematic at times, I found a simple workaround. The neat thing about Earthbound's HP system is that it's represented by an odometer. When someone hits you, the numbers will roll down. So if you heal yourself before the numbers stop rolling, you can actually reverse the rolling and save yourself from a knockout! This also works if you finish a battle before the numbers stop rolling. I applaud the odometer health meter in Earthbound; it's an innovative mechanic not usually seen in RPGs that adds a new level of strategy.

The rolling HP meter can be used to your advantage to avoid K.O.'s

Did I mention that this game was weird? The story is out of this world. One moment that stuck to me was when Ness and Paula were being held prisoners by zombies in Threed. In our most desperate hour, Paula makes a telepathic call to Jeff, a friend we haven't met. Leaving the boarding school in Winters, Jeff goes on an epic quest to save Ness and Paula. He first runs into a monkey who leads him to the legendary Tessie after Jeff hands over a piece of gum. They ride Tessie to a dungeon full of ducks and maker their way to Stonehenge, where the monkey abandons Jeff for a girl monkey. Arriving at Dr. Andonuts' lab, Jeff and his estranged father of 10 years make awkward small talk before Jeff climbs into a flying saucer. The flying saucer crash lands right in Ness' and Paula's prison and Jeff is stuck. So how will our heroes escape now?

That's it. Opening the door with Jeff's Bad Key Machine. Dumbfounded, I couldn't help but laugh. I spent a good hour guiding Jeff through this epic quest to save his friends, only to have him simply open the door. It was anticlimatic to be sure, but well-played. The game gets pretty trippy when Ness drinks coffee at Saturn Valley and eats some Magic Cake at Summers to recruit Poo. Not to mention you learn teleportation from monkeys, help a race of cave people get over their shyness by checking out a book from the library, and bail out a famous band from unfair contracts TWICE. Who comes up with this stuff? The game even manages to break the 4th wall and asked me twice if my name really was Smiles.

At this point, I'm not surprised 

Earthbound's story is zany, yet managed to pull at my heartstrings. I couldn't begin to imagine the burden put on Ness to save the world just because it's his "destiny" or some other crud like that. Throughout their journey, Ness and his friends are attacked by policemen, fire hydrants, crocodiles, records, floating smiley faces, and piles of puke. All of these...enemies are under the influence of
Giygas, probably the most disturbing villain in video games.

The ambiguous and nonsensical world of Earthbound leaves it up to interpretation. To me, Earthbound is an analogy of overcoming hatred. Ness must collect the 8 melodies for his Sound Stone so he can enter his mind and defeat the evil inside. Along the way, he forges new memories with friends while reflecting on his past. As corny as it is, nothing beats the power of friendship. But Ness' quest doesn't end there, he must defeat Giygas, or rather "free" him.

Oftentimes, the scariest and most powerful forces are those that are intangible. Evil, hatred, Giygas. Its hatred literally turned it into an insane entity of pure evil. The final battle pits you against a shapeless and horrifying background accompanied by a bloodcurdling "song" as you fight this monstrosity. It's enough to paralyze you with fear. How can you defeat something that's incomprehensible?

You cannot grasp the true form of Giygas' attack!

There's one hope, with a force greater than hate. Throughout the battle, Giygas nonsensically calls out Ness and claims it's h...a...p...p..y yet sad. But why would Giygas be happy that Ness plans to stop him? Giygas has lived a life of pain and hatred, and needs Ness to free him through love. There's no special Super Ultra Mega Love Beam fired at Giygas. Rather, you defeat Giygas through prayer.

During the final phase of Giygas' battle, you have Paula use the Pray command to ask the residents of
Eagleland to pray for your safety. Paula finally asks you, the player, to pray for them. In games, we're used to slaying the big bad monster with legendary blades, but here we are taking down the epitome of evil with nothing more than this simple act of love. Their struggles against insurmountable odds resonated with me, and over time I felt truly drawn in the fate of these 16-bit characters. I bowed my head in prayer, and just like that we defeated Giygas.

Playing Earthbound was a spiritual experience. When I was first introduced to Ness 15 years ago, I couldn't imagine such a rich and deep origin. This post is extremely long, but doesn't even begin to scratch the surface on what makes Earthbound a great game. I am in awe on how well Earthbound combined exceptional gameplay with a hilarious and moving story. While sad to see it all end, I'm at least lucky to have enjoyed this masterpiece, and I encourage every gamer to play it.

The war against Giygas is over, but our friendship is everlasting

*Credit to Starmen.net for the images