Gamer Nexus could lose their channel because of Bloomberg

Just think about this guys, we live in a world where people want one of the most prosumer channels deleted...

Id love to know the genuine reason on how you could hate on Gamersnexus?

Did they insult AMD, or MS or Sony or something. What could Steve have done to make you want one of the last bastions of legitimate reporting to be deleted.....

What a world.
 
People siding with conglomerates and journalist corporations who abuse the system because you don't like someone is wild but sadly not surprising
 
The scrawny nihilism about this here is standard, but you'd be completely daft to actually reckon GN doesn't provide a valuable service to PC users. It seems brainlessly counterintuitive to argue otherwise. With that said, Steve is definitely quite smarmy and it can be irritating at times.
 
So, just asking, how does it definitely fall under fair use?

I have no dog in this fight, it doesn't matter to me. I haven't seen the video or use the channel as far as I remember, and I personally do really appreciate a company using the severe copyright strike without first a cease-and-desist. (Everybody in media knows that YT strikes are brutal, so I'm curious too what's the info if the strike was intentionally set or if it was an auto-detect catch? I'm not seeing the reason why Bloomberg would pull that trigger if it's just a clip of content when there are other ways to protect your media property, and if the content used in proper context of commentary and length and attributation then they know they don't have the rights... although come to think of it, I'll assume there is no type of counteraction if a YT strike is proven a hostile abuse of the system when YT evaluates its reconsideration.)

Having worked on some video productions though, I see mention here of over a minute of unlicensed footage from a major broadcast news outlet, and I know my butt would be puckering until I was super-duper-extra sure my legal work was locked down.
It wasn't a minute, more like 30 seconds if that. It was a clip of President's speech without any commentary from Bloomberg.

I would think that unaltered short clip of US President's speech would fall under fair use.
 
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A lot of creators I like are on Nebula these days as well. I guess over time, there will be more and more special interest streaming services. Education, Music, Gaming, Movies, etc.

Don't you have to pay for Nebula?


I only need benchmarks and "independent" analysis of technologies.
DerBaur still around even if he has products to sell I like his GPU reviews and tests.
 
Well, GN made a mistake by using copyrighted material and should accept the consequences if that's the rule in place. That said, shutting down the entire channel over a 30-second clip does seem excessive and I don't think it's gonna happen.
 
I really dont like his tiresome, overly verbose delivery,I mean, why say in 10 words what you can say in 100, kind of thing, which is why I unsubscribed years ago but I wouldn't want to see his channel shut down by a typical blood sucking Wall St vampire like Bloomberg.
 
Lol wow.



Steve clipped in 70 seconds or so of Bloomberg video into his for his report. Bloomberg seems mad that GN found stuff that Bloomberg couldn't. They put through a Copyright Strike, and GN argues its fair use.

Steve has done podcasts apparently with BN, so kinda interesting that they would do this to him, especially given his reputation lately and following in the PC market.

Go Steve! Glad someone is attempting to slap big corporation back.
I think Youtubers need to do their own work. Getting views (money) off the backs of other content creators by just ripping it straight into their own videos is not that. Unless I'm missing something.
 
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(EDIT- I just noticed that this reply wasn't from the original person I was asking about the "fair use" usage question. So, this reply is for rm082e, and I'm still separately curious what Gaiff's take on the situation is.)

Err, I hope this is your rationale and not Gamer Nexus's, because that's probably going to lose in court if that's the argument.

If it's state-provided footage, sure, I guess, but if it's an interview or even a recording of a public speech, a camera crew had to go film that footage and an editor had to clip and post it and a broadcast company had to air/host it. They don't own the moment, but they own the footage of it. A repurposer doesn't just get to say that this is a public figure saying something in public and so it's fair game to take anybody's footage of it that they want. That's Bloomberg's angle on the footage, that's their professional equipment capturing that event at that quality, that's their airing of the event through the ad-supported service that it provided the material. If Gamer's Nexus wanted that moment for its production, it needed to have sent somebody to film the event or it needed to have licensed the segment or needed to have used verifiable methods of transforming Bloomberg's recording of the material to clearly classify as fair use.


Obviously, the term "fair use" is always up for debate and legal reinterpretation; you can get away with a lot of shit on the internet, and you can also get burned for the most inconsequential use of material where ownership on anybody's part is questionable in the first place. However, a media outlet has still got to do due diligence to justify repurposing pretty much any outside content. (Again, I haven't seen the clip, but Gamer Nexus seems to be experienced, so I'm assuming there was commentary/criticism and attribution and a care for brevity of usage and all of that needed to stake the claim?)

From the very link you provided:

Fair use permits limited use of copyrighted material for purposes like criticism, commentary, news reporting, or parody without needing permission.

A clip of the POTUS speaking at a news conference reported by Bloomberg news is... "news". This is the very center of the bullseye for fair use. This has already been litigated in court in the past and there's a mountain of established law around it. It's not up for debate because someone doesn't like the outlet that's taking advantage of fair use.

You should go watch the video GN just put out about Bloomberg. Steve states that he consulted his lawyer who specializes in this type of case and they made the same point I just made. They sent a counter claim to Bloomberg and haven't gotten a reply. This is clearly not a valid claim and Bloomberg knows it or they would have responded. That's why Steve states he expects the video to be back up in about a week (per YouTube's standard process).
 
I think Youtubers need to do their own work. Getting views (money) off the backs of other content creators by just ripping it straight into their own videos is not that. Unless I'm missing something.
A.) this is fair use of portion of the news reporting clip and B.) who are you trying to convince that this snippet from Biden's speech is what enables GN to get views? They could replace it with a summarised transcript (that can be independently verified) and it would do the job.
 
Even if you don't like GN and Steve, being on the side of the corporations?

serious-jeffrey-dean-morgan.gif
 
Can't stand that long-haired pretentious f*ck.

I dislike a lot of YouTubers but I have a viscerally negative reaction to Steve
You may not like the guy (I despise Linus/LTT) but let's not ignore the main issue here. Big Corporations can (and will) do whatever the fuck they want.
We need people like Steve and Louis Rossman who are actually on our side.

You may not like their appearance or personality but don't dismiss their pro-consumer efforts. They're on your side. They're fighting to get you better prices, better quality products, the right to repair your products and much more.
 
Does Youtube pull entire channels over a claim on one video? Or do they just make them pull the one video?

They first take down the video that's had the claim against it. You can fight it and get the strike removed, but if your channel gets 3 strikes on 3 different videos that don't get removed, YouTube says they can delete your channel.

What we've seen is the bigger channels that can afford to pay a law firm have to pay them to handle these claims, issuing counter claims against the claims and fighting back. YouTube has a procedure for doing this, but it costs time and money. The problem is YouTube isn't doing anything to filter the copyright claims on the front end - i.e., is this a valid copyright claim? Because they aren't checking, the system is open for abuse by bad actors.
 
The documentary was well-made, though personally it lacked substantial proof (which I guess it's something to be expected when talking about China). Best part were showing a rig in the trunk of a car where buyers test 4090s before buying them from marketplace to later sent to China, and when they transplanted the chips of a video card into a new board to expand the memory (which they are going to make into a full video). As someone who speaks Japanese and studied Chinese and Korean it's sometimes painful to watch Steve speaking Chinese lol
 
Hot take, but they did let the clip run on for too long without any commentary and probably shouldn't have added their own logo. That said, it's marginal at best and they should be ok.
 
Bloomberg also released a similar video about nvidia GPUs being used in AI data centres in China but due to skill issue, they were unable to perform any investigative journalism, so in the end they just concluded with "we don't know". Meanwhile, GN managed to get in-depth access as well as interview people that are part of the supply chain.

In short, bloomberg is just butthurt.
 
You may not like the guy (I despise Linus/LTT) but let's not ignore the main issue here. Big Corporations can (and will) do whatever the fuck they want.
We need people like Steve and Louis Rossman who are actually on our side.

You may not like their appearance or personality but don't dismiss their pro-consumer efforts. They're on your side. They're fighting to get you better prices, better quality products, the right to repair your products and much more.

Yep. I don't particularly care for the way Rossman comes across, but the guy knows what he is talking about. Nobody has to like any of these guys whether it is Linus, Steve or whoever. But you gotta look at the information and judge that separately from the personality you might not like. And then look at the corporate interests for Bloomberg, Nvidia, Asus, etc. that are being threatened by GN. If GN makes these companies nervous to the point they want to take steps to shut him down then I'd say he is hitting all the right nerves.
 
Either these so called content creators need to work together and push back on YouTube, or they need to just leave. They like to bitch about YouTube, but stay on it, since they get paid a lot. So it is hard to feel sorry for them since they have essentially decided to stay and bitch. It is a popular YouTube video. Bitching about YouTube on YouTube. YouTube doesn't seem to mind.
 
From the very link you provided:

"Fair use permits limited use of copyrighted material for purposes like criticism, commentary, news reporting, or parody without needing permission."

Yes, news reporting. As in, "Today in the news, this happened..."

(And even then, the "limited use of copyrighted material" bit needs to be observed and assured when using content without permission)

Long-form journalism is a different thing. A 3-hour documentary can be informative, can be educative, it can be journalism, but it isn't the same as a news report.

A clip of the POTUS speaking at a news conference reported by Bloomberg news is... "news". This is the very center of the bullseye for fair use.

The content of that speech, yes. The recording of that speech by a third party, however, is a different matter.

This has already been litigated in court in the past and there's a mountain of established law around it.

And yet there will be many more courts weighing in on such cases in the future across the nation and the globe, and the mountain will grow without locking down any firm protection for open media repurposing.

Every news outlet has a licensing department, and it's not just because the secrets not out that you can ignore the pricetags because everything in those warehouses is actually free.


You can take your chances in using footage online on the belief that the judge will side with you eventually (and also that it's "online", where law is so topsy-turvy that one side may deliberately break a law in order to enforce a different law which protects them.) There are certainly layers and law students out there who will cite the wins of fair use claims and urge you to fight to prove yourself in the right. However, that's a long way to go...

Not that I'm saying I'm an expert in this matter, but just from 101 classes in film school, when I'm reading in this thread about "clipped in 70 seconds" of footage and "added their own logo", those are two immediate red flags before even having read up more about fair use today. (Technically, the whole "15-30 seconds and you're good" theory about reusing media is shoptalk with no actual basis, but it's an easy rule of thumb to guess what went wrong when you hear somebody went 2-4x over it.)

I've just never met somebody working in documentary who has said, "You know what's great about my job? All the free and easy footage to use!"

They sent a counter claim to Bloomberg and haven't gotten a reply. This is clearly not a valid claim and Bloomberg knows it or they would have responded.

OK, I'm worried that we're taking each other seriously here, because this is not how legal departments operate.
 
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Anyone sticking up for Nvidia, especially this gen, is either an employee of them or does not have a 50 series card. The issues are known and the driver situation has been an absolute fuck show.
 
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