>>11021414it's never been upheld in court yet, they just issue a take down or DMCA and creators fold cause they cant afford to, or dont want to mess with the company and ruin any future of brand deals.
gaming "fair use" has been argued by law professionals as being possible due to the fact that a MAJOR component of fair use is the resulting content being a competitor for the source material, they have to show that the stream or video would remove the original's market value. this is why you can paint a campbell's soup can, no one goes to the market and decides between the painting to look at and the soup they can eat. there's no direct competition between those two products. Games are played, watching the video doesn't give you the experience of PLAYING it. The way game companies have made it dicey is they say that the appeal of their games is the story, some people play JUST for that. Streaming that could have potential effects on their sales.
All that said, we all KNOW the reality. Streaming/Video pretty much ONLY increases sales. Even on bad games, look at all the shitty games that got boosted by someone playing it ironically.
