>>345180>No publisher has tried to sue a let's player in the USThat's mostly because there is not much to gain compared to just sending a DMCA takedown and getting the video removed. They are able to issue a DMCA takedown because the vast majority of game EULA's do not license you the ability to make videos / stream the game let alone do it commercially.
>Probably because they're scared of what kind of legal precedent it could setNo, it is very clear that it is copyright infringement and would be an easy win. They could win even based off just the game's music or a sprite from the game.
>Nobody knows for certain if it would be ruled as transformative or not.Recording a video game being played is in no way transformative. You are confusing that with what a derivative work is. Transformative use is where you take something and use it in a way that is not intended.
>>245552I know this sounds crazy, but what if game studios actually licensed their games to be streamed so people could legally due it. If game studios love streamers so much, then why wouldn't they do this?
>>345552Are you paying attention to this thread? Companies are doing this which is why Hololive is very strict about the games that you are allowed to play.
>they basically advertise the game for freeThey also make money off your game.
