I agree that Nintendo is probably well within their rights to do this. I also agree that this was probably not the best move for Nintendo to do, considering LPers are naturally a very vocal group. However, I have a couple of opinions on this situation.
LP'ing always involves a work somebody else created by its nature. While there is a lot of work with commenting and editing the video, the underlying game under all of that was authored by somebody else. It's really hard for me to rationalize that Lets Players have complete ownership of everything they produced. It's also hard for me to rationalize that the developer can deprive a Lets Player from profiting off of his commentary and editing. So then we are left with a real hard question, "How much ownership does each have over the contents of a let's play as far as money is involved?" I don't have a good answer for this, and I haven't heard a good one yet.
I am also fairly unsympathetic to the career LPlayers that are outraged that they are losing money. I don't think that any of what I would call a "good" LP was from anybody who made a living from doing them. I am not saying that nobody enjoys these LPs, they obviously get view counts, but the more popular the LPlayer becomes the less it is about showcasing the game and the more it becomes about just the LPlayer's personality. After a certain point, I question their inability to profit from just their personalities.
I would really like to know what Nintendo was thinking here. I don't think Nintendo meant this as a way to get back at LPlayers for ruining their games. Is Nintendo hurting so much financially that they would consider this as a viable way to get money? I don't think Nintendo is that desperate. I also don't think that it could be that much money for Nintendo in the grand scheme of things. This can't be about control either, Nintendo is not shutting down LP's just profiting from them. A person can still produce crappy Nintendo LPs, they just can't profit from them. Did Nintendo really not expect the outrage? Given how Nintendo seems out of touch with the internet in general, this really wouldn't surprise me.
My 2 cents
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