To add, fair use isn't actually formal law, it's case law. Companies technically have the right to make you take shit down for copyright, it's just that the vast majority of game developers understand that streaming is free advertisement, so don't do so. Japan doesn't have the concept of fair use in their case law, which is why Japanese developers get more pissy about it than Western developers. Ubisoft just decided to abuse the copyright system
Edit: didn't know fair use was actually formal law, thought it was only case law
Maybe what you meant is that fair use is an affirmative defense...? It will win a case for you, but if a rights holder is determined to take you to court over it then it won't immunise you from the hassle of a court battle and most content platforms will acquiesce to the takedown in the meanwhile. This has all supposedly changed a lot in the last 10 years with hosting platforms being asked to 'recognise fair use' more, although idk exactly what form that has taken. I don't think it's been tested much since devs have mostly stopped worrying about it.
Thank you, I am stupid and for some reason after reading the title and image I thought they banned her for not following thru on the sponsorship, they banned her for supposedly breaking embargo.
To add, fair use isn't actually formal law, it's case law.Companies technically have the right to make you take shit down for copyright, it's just that the vast majority of game developers understand that streaming is free advertisement, so don't do so. Japan doesn't have the concept of fair use in their case law, which is why Japanese developers get more pissy about it than Western developers. Ubisoft just decided to abuse the copyright systemEdit: didn't know fair use was actually formal law, thought it was only case law
It's literally part of the formal federal law. The United States title code.
https://www.law.cornell.edu/uscode/text/17/107
Maybe what you meant is that fair use is an affirmative defense...? It will win a case for you, but if a rights holder is determined to take you to court over it then it won't immunise you from the hassle of a court battle and most content platforms will acquiesce to the takedown in the meanwhile. This has all supposedly changed a lot in the last 10 years with hosting platforms being asked to 'recognise fair use' more, although idk exactly what form that has taken. I don't think it's been tested much since devs have mostly stopped worrying about it.
Thank you, I am stupid and for some reason after reading the title and image I thought they banned her for not following thru on the sponsorship, they banned her for supposedly breaking embargo.