I've heard complaints about the ad structure in the previous videos, so I've tried to reduce the ads in this one manually. Let me know what you all think about the new ad structure, and if it's an improvement over the old one! This video is also -very- legally dense. Did it get boring for you? Let me know, and I will be better able to gauge your interests for future video. Lastly, please thank friend of the channel Yozora for her wonderful work! I hope you will all enjoy the video!
@@moon-channel before watching the video: when you manage to pick titles? Because I noticed that poll results show that "business as usual" was winning.
This analysis is absurd from its very foundation. The point of copyRIGHT is that those rights must be delineated by the rights holder. While said delineation can be carried out in a court of law, it is generally carried out in a contract, for the sake of protecting the company from legal ramifications. Therefore, a contract stating "etc.," while less restrictive in its enumeration, also means the company has not yet clearly _delineated_ its rights, therefore protecting those rights may be a burdensome cost. Microsoft delineating its rights *means it intends to exercise them.* Your video totally ignores that Mojang didn't enforce its rights because doing so may have opened it up to winnable, but expensive, legal scuffles. I don't care that Microsoft's Minecraft EULA is less restrictive than other games. We are *KILLING* humanity's creative industries through sheer ignorance of how legalese works in the real world. Creativity is not merely the expressive work of the human imagination; it is the basis of modern free and scientific thought. From the imagination spread the very concepts of the enlightenment era and we are *PISSING THAT AWAY.* This video is a monument to the stupidity of mankind! There will come a day we *all* pay for this absolute asininity.
@@moon-channelI saw something a few days ago about TH-cam introducing a new clause that explicitly states creators don't have control over how many ads or when they show up. Which of course already existed (haha), but now they don't need to be sneaky about it. Have you heard anything about this? I wouldn't normally ask, but it seemed related to your comment.
A note on the lowercase for "Informations" and "Conditions" in the old EULA at around 16:10. In Swedish, we do not capitalise the letters of titels and have it very enforced in our writing for School and the like. Nowadays when I write 90% percent of my things in English, I often default to the English capitalisation system, but for many swedes that is just how we wright (even if it is incorrect in English)
Oh, fascinating! I recall that this is the case as well in German, but I did not know that it was the case for Swedish! Thank you for sharing that with me: the old EULA's capitalization quirks make perfect sense now.
@@moon-channel As a German speaker, it's pretty difficult for me to distinguish between proper nouns (like Queen or Hamburg) and regular nouns (like noun or cat), since they'd be capitalized all the same when writing in German. Not sure if that's the same difficulties that Swedish people face though
Thank you for explaining the actual changes! There was a lot of misinformation going around after the update, and I had to explain all this to many TH-camrs who were very annoyed but had clearly never actually read the commercial usage guidelines their job is based around. Also, quick PSA: if you haven't migrated to a Microsoft account (e.g. haven't played in the last 2 years), do it before September 19th or you will permanently lose access to your account!
@@NatetheNintendofan it's kind of amazing how right you are about that; I've made Moon Lord my personal b-tch on Legendary, numerous times, but never killed the Ender Dragon, since I always lost interest in Minecraft before getting that far.
@@sarahfay5280 I actually used to prefer Minecraft when I was younger but then the game got boring even with mods it can be a little boring but I absolutely love Terraria modded Terraria even more
@@NatetheNintendofan unfortunately for me, when I was growing up, we didn't have such games, and I feel kinda sorry for the younger generations having basically every game besides these ones be full of mtxes. I'm glad modded Minecraft and Terraria are such wonderful sources of joy for you, these days.
"Has this happened to you?" - I tend to read EULAs (sometimes). I have annoyed Blizzard Support for weeks to get an answer from them whether I am allowed to run Starcraft on Linux using Wine, because their EULA requests the permission to scan all my memory and … well, that’s not possible when Starcraft runs on Wine. In the end they said yes, so I concluded it had become their problem ☺
EA likes to promote Linux/Steam Deck support for Apex Legends, but they had multiple incidents of the anti-cheat banning thousands of Linux users and then refusing to unban them until mass outcry
If you read the full text of an EULA, you may also find the drafting lawyer wants a pony for Christmas. They're about as likely to get it as anything else listed in an EULA.
Often, the point isn't even to enforce the provisions of a EULA: it might exist solely to satisfy legal requirements and give the appearance of caring, so to speak
I wanna say that as a representative of the Brazilians we will party on your comment section regardless of what you speak of sir! That's an amazing video, love your content 💙
from the south, they bring Chimarrão to wake you up and chat about good knifes. From the north, we bring açaí with tapioca, so you sleep in a hammock after lunch. The northwest brings acarajé, and asks "hot or cold" but mean "pepper or not?"
Hey Moon! I assume you might possibly be reading these comments since this video just went up. Wanted to let you know that I found your channel recently, and I really appreciate your approach to structuring and scripting these videos. Everything feels well thought-out and properly explained, the topics you choose are interesting and your opinions on them are engaging and thought-provoking, and the videos themselves are genuinely very interesting from start to finish. I'm excited to keep up with the content as you continue to put it out there. I hope you're having a great day :)
Glad to see another person that appreciates well thought out and presented content over rage bait / outrage drama! I've been getting really sick of the Minecraft community turning everything into a huge ordeal.
26:30 I would like you to elaborate more when you say that Buckkit's mistake was using the GPL. I know that the channel focuses more on things related to video games, but a video (or a series) analyzing one (or several) of the existing Free and Open-Source Software licenses would be interesting, especially when commented by a lawyer. There is a lot of confusion about what FOSS is and what it is not, especially because the two largest organizations within the movement (the Free Software Foundation and the Open Source Initiative) have different opinions and many developers trust their judgment to decide under what license they publish their work. without knowing the true scope and problems that this can bring in the future
This is _the_ reason why I rarely if ever publish my code. There are so many different licenses with subtly different permissions and philosophies, and publishing my code also requires vetting all my dependencies and presumably any small snippets that I copied from a random TH-cam video or stack overflow answer that I've long since forgotten about. While I would love for my code to be used and shared (the opposite of tightly controlled intellectual property), needing to deal with intellectual property at all is a complete minefield and keeping everything private is a price I'm willing to pay for not having to interact with intellectual property law.
I think the problem was, that it used Mojangs Code, and so they couldn't license it under gpl, as they weren't allowed to distribute (that part of) the code at all
You can't just apply GPL over someone else's product. Ultimately, the problem was their product probably wasn't licensable to begin with, and simply claiming it to be so didn't make it so.
Love the use of Hat Films Minecraft clips! Got me in the nostalgia feels. Also got a chuckle from Eula the character being used. I help out with testing for a modpack and its official server, and was informed about some changes being made to the Minecraft EULA weeks ago on Discord by a newbie. I only looked back 2 weeks with the Way Back Machine, but I remember finding the most prominent changes were the addition of Minecraft Realms to the conditions. Any other changes seemed to be grammar or rewording. @35:48 that was 1 sticking point that I thought would be contentious when I read it recently, how you are allowed to title your content, but it was unchanged for a long time, and I'm surprised it was originally added back in 2015. I'm glad what I saw wasn't out of context with the full picture, just a small part of the pattern. With the amount drama and discourse fatigue I used to listen to that I carry with me, and a history of coming to snap decisions that I end up regretting, I try to keep reserved on giving my opinion on internet yelling. It leads me to being a fence sitter, someone who has no hills to fight on, but verses the anxiety of being challenged on my trash takes, I'm happier. Vindication is a nice outcome though.
I could have sworn we all had exactly this conversation a few years ago when they changed the EULA to disallow certain methods of purchasing things on minecraft servers (I'm sure it was more than that but that's the bit people appeared to be vocally worried about)
I think I remember that, iirc it made it a bit harder to monetize typical servers but it cracked down heavily on p2w servers which everyone was happy about
@@thetele8646 I was under the impression he was quietly shuffled out after he started being outspoken about his right-wing views, though now I'm saying it I realise I have no idea if that's really true
@@hipsnowsis7374 the thing about his right wing views occured a few years after he sold the game. I remember his tweet reading something along of the line, I don't want to get bashed for doing something right, that isn't my gig.
I think part of the issue is that the changed EULA coincided with some servers getting noticed/banned for having guns which was not something enforced previously
No, the EULA changes happened in response to that. The gun servers were banned before that point, despite the previous EULA not explicitly outlining that they aren't allowed (which as this video points out, doesn't mean it IS allowed). There was a lot of uproar because of this as these server owners had no idea what they were and weren't allowed to do due to how unclear the old EULA was, and in response Mojang updated the EULA to clarify many of these things, including that gun servers are in fact not allowed. This EULA change is literally what people asked for.
@@Kris_deltarune-69 I earned the funds for Minecraft in a single week when I was 12 by raking leaves for a few of my neighbors in the fall. The price has only gone up $8 since then. I'm sure if you really wanted it, you could get it. And if you're that financially desperate to where you can't afford Minecraft, even with a few extra odd jobs, I think you have bigger problems than an account migration.
@@snailymitch The problem is that unless you purchased before May 24 of 2011, your EULA permits unilateral revision and retroactive enforcement. This means they can come back later and kill off gun mods. That doesn't mean that the mods were always not allowed like you claim. Gun mods are still in fact allowed depending on the EULA you agreed to. >This EULA change is literally what people asked for. So people who objected to the ban on gun mods are.. not people? Is that your argument? Do you work for Microsoft? Because that is a very corporate response.
Prediction before the video: nearly all of the supposed changes were either already in the EULA, or are incredibly minor and not worth worrying about. But also Mojang not notifying users might be an issue in the EU.
@moon-channel Just finished the video a few minutes ago; I'm glad to have gotten the conclusions pretty spot-on! I took a dive into the EULA myself when the news reached me a few weeks back, and it honestly just sounded like they were being more specific, so I figured it was just panic and fear-mongering. Glad to see I was right!
@@toumabyakuya yeah i turned it off after 5 minutes of the dude reminiscing about the game being started. Ofc mc Eula is full 1984. This video is full 1984 as well, you propaganda sucking slugs
I've always enjoyed reading the "internet cafe" sections of EULAs. Most products either completely forbid it or go into great detail what you can/can't do as an "internet cafe". I've always wondered where Steam's family account sharing fall in relation to these sections.
love these videos! i gotta say, it's genuinely concerning that gaming content creators are so unaware that everything they make is a legal grey area and always has been, leading to panic whenever this kind of thing happens. i knew this when i uploaded silly little AMVs full of copyrighted music and videos when i was 12 in 2009, i don't know why it's been widely forgotten. this whole ecosystem is built on compromises and generosity (as much as a corporation can be "generous"), which is obviously scary when your livelihood depends on it. i feel bad that these people didn't know this from the start and now have to grapple with that.
Y'know, I couldn't have said it better myself. It always surprises me when people don't realize the nature of common practices like this. I work retail and frequently people will say "That's not what the price sticker said!" when, in fact, the price sticker did list that price. It ALSO said "If you are a member of our rewards program you will instead get the item for this price." The sale price is listed more prominently not purely to mislead people, but to advertise that there is a sale and, in our case, make it easier to notice and remove that price when the sale is finished. I'm pretty sure I learned about this practice before I was 10. And just as you and the video say, when it comes to fan content the written rules and the ways they're enforced have always been disparate. As a kid I knew "OK, I know this isn't strictly allowed, but the cost-benefit analysis of this from the owner's perspective is balanced in such a way that it shouldn't be an issue for me unless I leave something so unchanged that it's recognized by a bot." Not necessarily that I'd be able to describe it in that wording, but the concept was there.
Because precedent. Back in 2012, we knew it was legally dubious because all similar things were known to be legally dubious. We all saw those "you wouldn't steal a car" ads! But a decade later with the next lot of folks growing up where they mostly see people "getting away with it" and _don't_ see these rules getting enforced, the default assumption is that those rules don't exist. Gen Z grew up in a different culture to us millennials!
@@tinycatfriend You're telling me! My little sibling is 10 years younger than me and it's _fascinating_ how different our lives have been with only that single decade difference. The world really has changed so much so fast!
@@Respectable_Username Meme culture probably plays into that as well. Things like YTPs using so much copyrighted content, along with Tik Tok allowing music clips in videos, probably taught this generation that everything is permissible if I say the words "fair use" in my description.
I just wanted to say that as a first year law student who is looking at the realms of copyright and IP law as a potential career path, your channel has been really interesting and inspiring. I know that the target audience isn't law students but you include just enough tangible law that I can make the connections to my classes. We've actually been spending quite a bit of time discussing contracts of adhesion and the differing theories of how binding courts should find them in my contracts class. It is really cool to be able to take that knowledge and try to apply it to the realm of EULAs. In any case, I really enjoy the content and hope you keep making more.
i knew it was being blown out of proportion because so many people were focusing on the inability to use rhe Minecraft logo as something new, which i knew couldn't be new because when the Minecraft wiki was forced to become a fandom wiki, they had to change the logo because Microsoft didn't view the wiki as official anymore, and thus no longer allowed to utilize the official logo on the wiki's branding
So you are telling me that the big controversy was caused by adults on social media having the literacy of Minecraft's target audience and spreading misinformation? Why I never.
Honestly, I'd take the ten-year-old over a terminally online adult any day. The former is forced to read proper English on a regular basis. The latter probably hasn't seen such a thing in at least a month.
You can delineate the issue as follows: Did you purchase the game before May 24, 2011? If No: You're under current EULA. The First instance of this EULA grants Mojang unilateral revision to make changes. If Yes: Congratulations, your EULA is non-revisionary and Mojang requires your explicit consent to change terms of the agreement.
Damn, but copyright law is a MESS. I kind of knew that in the abstract before, but having seen all of Moony's videos I can't help but empathize with publishers of all things. The fact that TH-cam and Let's Plays can even exist under the rules as they are is a miracle, and the only reason they can is because the copyright holders are risking their own necks to allow it to do so. Probably more to avoid the backlash (at least for most) but still! If Nintendo is considered lenient given its circumstances as a company that shows a severe and troubling legal landscape. It's... it's just really bad, isn't it?
It really seems like people making these laws were straight up stupid Not only these laws are mess but copyright lifetime is ridiculous and laws are actively hostile towards both copyright owner and everyone else
Having watched your other videos on the many Nintendo shenanigans, I knew this one was gonna boil down to "this has always been the case" and "this EULA is actually very lenient", but I had no idea of the extent to *how* lenient it really is compared to others! For example I wasn't expecting Roblox's EULA to be 33 pages long lmao, props to you for having read all of it!
Since the middle of 2011 this is true for 238 million customers. The original 1 million plus customers can't say the same thing because the changes are night and day for contractual protections.
Hi Moony, Your video essays have really rekindled a spirit of pragmatism and analysis within me, and I genuinely thank you for it. I've been going through hard times these past couple years, but it feels like that's starting to slowly ease up. Of the uncertainty that I am gradually peeling away: I've been seriously considering changing my major away from Computer Science for some time now. I'm half way through my degree program, but I've began to feel that maybe I was misinterpreting my passion. Your writing inspires me. It's added gasoline to the fire that, perhaps, I've been chasing the wrong career for years. I only started CompSci because that's what I had always been striving towards since childhood; it was like inertia due to my upbringing. Studying law was always "backup" option for me since I was a kid, but I am just unsure if it is time to employ this back-up major. There's just something so satisfying about writing down the right words in the correct places to protect people, and I really don't get enough opportunities to do that. As a kid, I would actually make "verbose" memes but strive to make it actually have meaning instead of being just a dictionary find and replace. I would find joy in writing intricate protocols and arguing online (occasionally) to the best I could possibly do at the time. As an adult working a dead-end food-service job, I've always wished I could write the end of day reports that my supervisors are required to write. I actually have a reputation at my current job for speaking good "corporatese", and have accidentally helped ghostwrite a few of these reports. I do not know how to get my feet into trying out law; I haven't seen my college offer "Do you like typing words but don't find pleasure in being an author? Did you do weirdly well with essay analyses when you were a teen with absolutely no foot in the door to anything that would be applicable? This course might be for you". Just to be clear, I do not plan to uproot my entire life trajectory with brazen ignorance: I do plan to use campus resources such career counseling, but I also want to get perspective from you. If I recall correctly, you have yourself changed from a staggeringly different study in music to the hard analytical researching of law. What lead you to do this? How did you get started? What is something you wish you knew before you started to study law or even before you started college? -June
Hi June! There's not many people I'd recommend a career in law to, but you might just be one of those people. The complicated part is that, until you are actually a lawyer, there isn't much room for "creative" writing. Getting into law school requires a high score on the LSAT, which isn't very writing based, law school itself is more like boot camp and less like education, and then there are very many lawyers who don't do any writing at all. I grew up wanting to be a marine biologist, and that is something I am still passionate about. In college, I was all over the place: in four years, I changed majors from biochemistry to vocal music performance to political science. I ended up with bachelor's degrees in international studies, political science, and geography, with a minor in musical performance. I didn't actually want to be a lawyer, but I knew that writing was something that I had a great affinity for. Yet, even as I was in the midst of pursuing my decision, I was never certain of it: that's just the nature of life sometimes! I can tell from your comment that you're a great writer! Have you considered journalism as a career with a potentially lower bar to entry? You can even start in that direction as a hobby: if you're in school, by working with school publications as an extracurricular or pursuing a minor in communications perhaps. Maybe you can right some volunteer op-eds for local papers (or national ones!) and see if they'll publish your work? And journalism, as an undergraduate major, is easy to pivot into law school thereafter! As for what I wish I knew, I have a practical answer and a personal answer for you: the practical answer is that I wish I knew that really any major can end up becoming a lawyer, and that it is your LSAT and application that matters to a law school, and not really your undergraduate degree. As for the personal answer... it's okay to not what you're doing, or what you want to do, or how you want to do it -- really, not many people do. We make the best decisions we can, with the resources we have, and its okay if that ends up being imperfect. I'm deep into the field of law now, and have jumped around a bit, and I am still not sure if its for me. But that's OK -- I'm still at it, and I can do good for people now through law, which is more emotionally satisfying. I haven't gotten everything figured out, and I might not ever, and that's okay too -- I'm doing my best, and that's good enough. You might not enjoy comp-sci, and it might not resonate with you for the moment, but that's okay too -- maybe you can continue down that road while testing the waters by writing for your local newspaper or something, or a game review website or something, as you figure everything out. However you decide to go about exploring your talents, I'm so glad that the videos can be fun and inspiring for you. If you do end up pursuing law, I hope you'll let me know! I'd love to see how your career blossoms, and where your road takes you. - Moony
Since like 2019 I always read Terms of Service and Privacy Policy before I get the game/agree to things because it's a good habit to have and I consider it a test of my resolve and attention (I have inattentive ADHD lol). It takes me 40-60 mins to read through them. It's important to know what you're getting into, even though those terms could change at any point, so you don't get blindsided. It always surprises me how few people will actually read their agreements.
Thanks Moony for all of your content. Most of the time I stop by, I don't actually care much about the video's topic, but more around the tangential journey you take me on. Always a pleasure to tune in. Keep it up!
I think you get that one Moony: the reason you have an audience is because there are people that are interested in the what and why. Whether or not it makes a difference to the wider world? Well, content creators are hocking their wares too: panic and discontent are also a product. Thanks for providing a healthier section on that menu.
@@nohrianscum9791 As I don't know where you stand on this issue, I would like to try to disambiguate the subject.... After May of 2011, Mojang implemented a EULA that contained a right to revise the agreement and a right to enforce it retroactively. This means the potential for these changes was always there for customers who purchased after these terms were introduced. This was not covered in the video. Now, whatever we might think of their right to make changes to the agreement, there are at least three different discussions to be had about this... 1. A claim was made by OP and others in this discussion that there were no changes to customer's rights, or perhaps I should qualify this and say there were minimal and negligible losses claimed. Based on my reading of the EULA over time, I believe the statement is at best technically false for customers under modern EULA, and overwhelmingly false for those whose rights were coined prior to these changes. Of course customers after this policy change should know that they are at the mercy of unilateral changes, however a right is no longer a right if Mojang introduces a policy such as "Community Standards" which allows Mojang the ability to make executive decisions without revising the agreement. This has the ability of reducing rights into limited privileges or into no permissions at all, and I think that's a relevant distinction. For example... If a coder relied on Mojang's policies to remain valid for the development of a firearm mod, only to later be told that such a mod has been banned, it creates a harm and negates a perceived right. Customers will invest time in development for software they believe to be contractually compliant, and they rely on certainty and clarity. The reason the firearm mods have been banned, according to Mojang, was because they depict "adult violence". No mention of swords, bows, crossbows, and the general mayhem that can go on in Minecraft's vanilla environment was included in this ban, but you can bet anyone paying attention to this saw the contradiction and challenged Mojang on this. This parlays into the second point... 2. Hypocrisy and infringements on action have a deeply corrosive effect on the credibility of Mojang and Microsoft. Mojang built up a vast customer base whose perceptions and expectations of the game are based on a particularly high degree of freedom. These sentiments have carried over across time and when changes to the game are made there is understandable concern and questions. As restrictions increase, whether or not they are contractually valid to enforce, this has a way of alienating the customers from the developers because it's not enough for Mojang to claim unilateral authority to make a change. It must decide for itself if it is willing to sacrifice a measure of reputation in the process of enacting a change, and unpopular changes invoke strong and negative reactions. I have absolutely no reservations in claiming that Microsoft's interests are incompatible with the interests of Mojang's customer base. It was Microsoft's intent to establish a captured market with a gated marketplace. Microsoft is the reason that customers are no longer allowed to develop and sell add-ons for the game outside of their storefront. It was their intent to capitalize on content creators, making a profit off of their listings while forbidding all content offered on a for profit model outside of their sphere of control. I believe that the development of Bedrock spells the inevitable end of Java. Bedrock provides Microsoft the means to close the gates and fully flex control over the customers... and this parlay's into the third point... 3. The first class of EULA was written as a gentleman's agreement, as a pact between equals in mutual respect. These sentiments are not shared by current day Mojang or Microsoft. Prior to May of 2011, the EULA had no revision clause. This means Mojang requires the explicit consent of the customer to make revisions to the agreement, and in no way can they force their will or claim you are subject to these terms under specious theories or practices, such as including language in their launcher stating that use of their software equals consent, because this is a material breach: Early adopters were already granted access and service, and making customers jump through additional hoops in order to have the benefit of what they paid for is fraud. And no court in this country would be convinced that a customer would be willing to accept an inferior set of contractual rights with zero upside for doing so. In this light, it must be stated as many times as is necessary that the rights of all alpha customers and a subset of beta customers have been repeatedly violated by a company that has zero interest in acknowledging the validity of these contracts. While in theory it would be an inconvenient fact for Microsoft to have to acknowledge these customers, the reality is that they believe they are powerful enough to ignore protests, so they choose not to. I have experienced first hand the fraudulent misrepresentation of my rights by Microsoft and they have provided me with sufficient incentive to advise people of their rights and warn against these breaches of service. The deletion of all non-migrated accounts is in essence erasing the evidence of their contractual obligations, and for the first 1 million plus customers who are not subject to a revision clause, and who have not, or choose not to migrate, this is an act of fraud committed against them. I have counted 11 different customer rights that have been harmed or stripped entirely away, and a multitude of breaches related to those 11 losses, which is why I think this video does a disservice to the public, so reluctantly find myself agreeing that this constitutes misinformation. I do not believe the omission of details was intentional by Moon, but I think a new video deserves to be made to cover these points.
I think the intependant spirit of minecraft's early days is still alive in one critical way: because it's ingrained in the experience of playing the game, it's a fundamental part of what makes the game so compelling for so many people, and therefore, profitable for microsoft. while that remains true, microsoft will not infringe on that because doing so would probably harm it's value as a brand and a body of intellectual property.
I *really* didn't like the takeaway of "You're just spoiled" fuck *right* off. Minecraft would be nothing if it wasn't for the community and they know it. They only slipped up on this once and it would have sunk the game had they not addressed it properly.
@@omegahaxors9-11 Your immediately needlessly aggressive and vulgar reaction to a completely benign and accurate usage of the term spoiled in relation to the relative generosity of the EULA "changes" (barely anything actually changed) compared to the typical competitors in the same space says that you, unlike what Moon was saying, are actually acting spoiled in the pejorative.
@@Cr3zant Weird internet losers when you criticize someone they like: THIS LOOKS LIKE A JOB FOR... THE WHITE CRUSADOR!!! I'm a fan as you can see I defend with harassing sophistry when you say something I don't like I'll shut it down with an internet fight, stop right there internet scum i'm coming for you, no more fun everything you say is interpreted as hate now shut your mouth or prepare for debate
@@omegahaxors9-11A lot of things wouldn’t be anything without the community, but that doesn’t entitle that community to any decisions a company makes about their product. This entitlement is something I generally see in parasocial relationships and I think that mentality is very dangerous.
@@crescentmoon5686 At some point though, you must realize that when you make a product, you have become in some part, beholden to your audience that perpetrates its dissemination. After all, without the consumer, the product dies. All of this mudslinging on everyone's intelligence is doing nothing more than just that, slinging mud.
So, at the very least in the way it can be interpreted in the USA, the EULA has, more the most part, just became clearer with how it should be interpreted, avoiding weird legal dilemmas both from the consumer's end and the company's end. Makes sense.
2014: Mojang stealing Bukkit is a brutal move. Feels like the only safe path for hobbyists is to never invest work in an IP that’s not copyleft. Just don’t contribute if your contributions are not respected (which means: you get the same exploitation rights as the publisher when the publisher gets the same exploitation rights to your contributions as you have). Though then you want to publish on a platform like TH-cam where you are limited to either the TH-cam license or cc by and you realize that it isn’t that simple.
"Feels like the only safe path for hobbyists is to never invest work in an IP that’s not copyleft" Tell that to every fandom in existence. People will make fan stuff for the things they like no matter want.
@@CG920Fire Obviously, but by doing so we're risking getting burned... that's why OP said safe path. I'd also say there's a big difference between the usual fanart and modding games. if someone takes down a drawing you made you're not gonna stop drawing all fanart, but if you invest days, months, years of free work into modding a game only to have it taken down and thrown away... yeah, I could see how that might turn someone away from making any more big fan projects for non-copyleft IPs.
@@CG920Fire I know - and I do it, too. And I know that that’s not safe and am still treading the thin line. But I try to also tread safer paths like Battle for Wesnoth, Ryzom, or 0ad. And that the core rules of D&D got licensed under cc by now is an indicator that change is coming. That we may reach a world where a game can only become hugely popular if it allows its fans to make it a part of their lives without giving up control of that part to the IP holders.
Their treatment of bukkit was the first hard tell that their CEO *might* be some level of fascist. Like I get hiring their members or taking ownership of the project but it clearly wasn't about that. They saw it as a threat rather than an opportunity and left the entire project a smoldering pile of ash. One of the greatest aspects of minecraft was reduced to rubble and it's never been replaced. Oh but they let forge stay up even though it's the exact same thing. Is it even a surprise forge today has a reputation for allowing nazism? It's just the continuation of a trend of companies turning a blind eye to anything done by the right.
@@omegahaxors9-11 I think Moony got that pretty well: to become a billionaire you act like a billionaire and put money first. If you don’t, you may not become a billionaire, but with the same amount of luck you may become Larian.
I recall back during the first big EULA change that people freaked out about. The one right before Notch sold the game to Microsoft. I was like 13 or whatever when that happened, but I recall that even then I was capable of understanding that the changes then were both nothing more than clarifying things, but also incredibly generous. Have not engaged with the game much in a while, but fun to see that the Minecraft community never changes lol
@@Cass0wary_399 The issue is people were upset and concerned about changes, but anyone who purchased after May 2011 was already under a EULA that permitted changes AND retroactive enforcement of changes. So yes, many people were wrong about their legal rights, but may have otherwise been validated in feeling that the changes were detrimental, but they should have expected it. For everyone who purchased before the middle of May 2011, Mojang had no legal claim to revise and enforce changes to the EULA. Mojang and Microsoft have not even attempted to acknowledge or negotiate with this class of customer, and it has created an adversarial relationship due to numerous breaches of contract.
I thought this might also Interest you, Mooni, there is a video game called Judgment and Lost Judgement. Both of these games have a main character who's a lawyer detective and both games have an Interesting topic on legal systems and how odd they are.
It sounds fascinating! Thank you for the recommendation, Jacob. I cannot imagine how much more exhausting my job would be if I also had to be a detective on top of being a lawyer!
I'm convinced that Minecraft TH-camrs are just trying to stir up drama over nothing purely because of the views they get from it. Any change that Mojang / Microsoft makes is twisted into the most ingenuine translation possible, and then posted all over the internet as if it were complete fact. I CLEARLY recall people claiming that they were falsely perma-banned from Minecraft before the chat reporting update was even released!
Seeing this upload hit my recommended quite literally brought a smile to my face. A topic of conversation that I' invested in, covered by a channel who's videos and opinions I enjoy. Also, congrats on getting some sponsorships! Can't wait to see where this channel goes :)
This reminds me a lot of the controversy around the new D&D license a little while back. Both feel like cases where the community was used to things being very open, but then something happened that made the community notice just how terrible US IP law really is for anyone other than The Dreaded Mouse. Things are set up in such a way that you can’t just like, make some art and be decent about it, because that might endanger the cultural monopolies held by the people who hire our senators.
I think this is the true problem, IP law is pushing up the costs of everything as IP consolidation has become a business model in itself. The true intent of IP law was so creators can profit off their works while it was a new invention to encourage development, while now it is starting to stifle development as existing creations cannot be built upon without giving a cut to an existing player, especially with something as rapid as computing. You can see with places like china where they literally dgaf about IP they have been able to get a significant competitive advantage in the skilled space. I think it will ultimately come to a head with countries accepting that IP law has become too strict, or they revert backwards in living standards as their efficiency is destroyed.
@@checker297Then again, if intellectual property isn’t properly enforced in China, it might stifle development since it might make no sense for private party to go all in and innovate since they cannot reap in the benefits themselves. At the moment China’s staggering development is also a benefit of taking the computing innovations of the West with no repercussions. Will all development thereafter be state-demanded as competitors are unwilling to develope things that their competitors will get free access to regardless of how much resources they put into it? IP Law and its enforcement is also about securing and motivating innovation.
@@kungolaf4499 China is just different than the West. You cannot just start a business without the parties approval. If you suddenly become a political threat (ie stifling development) you get jailed and your company taken over. I mean you can see how gaming companies in china now require ID and have restrict how long kids are allowed to game for, even though it is totally against a gaming company to enforce the insane requirements that china has implemented recently, as reduced profit is better than no profit and jail.
Those are two very different situations. As Mooney said this EULA is just adding clarity where it was vague before. The D&D issues was a significant change to things that were specifically allowed prior around monetisation, against clear and specific promises that were made, and attempted to be retroactive. And the outcome was D&D having to permanently give up rights not out of a legal issue with their license but as the only way to tamp down the consumer backlash from having broken trust. I would actually be very interested if Mooney did a follow up video on game license changes looking at that one.
Tbh yeah, basically every time there is a controversy it's because people see the effects of copyright/IP law and erroneously assume it's all the one company's fault. There are no good guys in regard to copyright/IP because the law is so bad it punishes anyone who tries to be open
Now, having watched the video, I must say that I really liked your legal explanation in depth. I had already recieved that explanation that concern was overblown but hearing you put it together piece by piece made the Minecraft EULA by far the EULA I understood the most. Thank you!
Great video. It is always interesting to hear a knowledgeable breakdown of maters like this. Legal question in particular can be really hard to wrap your head around for those of us who don't deal with them often.
I bought my first copy of minecraft for just over $7. Later on I bought a second copy, for reasons, for about $12. It's wild that the price has just kept going up, but it makes some sense with it constantly gaining content on multiple platforms.
great video moony!!! I also purchased Minecraft in 2010 and sometimes miss the simple days, but what we have now is truly fantastic and I appreciate the reminder! just a heads up, dunno if you have any type of power over this (I'd assume not, knowing youtube) but I got a prager u ad on this video 🤮
Hello Graybee! I am very sorry about the ads... I sadly have no control over which ads are shown, only when they are shown. The Trans video has run into similar problems with targeted ads, and it is all quite disturbing!
@@moon-channelI believe you do have control over these ads, but it's not a widely publicised feature and isn't in the creator studio. The youtube channel Council of Geeks has a tutorial on how to block ads from appearing on your videos from specific providers and services.
Man, this was such an easy watch/listen... I barely felt the 50+ min go by, and, despite watching this right before going to bed, i was easily able to follow all the legal stuff... Such a great video!
Thanks. As someone who generally dislikes companies I get really annoyed when people spend there time complaining about innocuous stuff like this rather than real issues.
Having just came from your Christian Video Games video (a newer video than this one, admittedly), I absently wondered if the end credits gag would be Moony Sings A Silly Song. I was delighted when we got a 'sibling' of High Silk Hat. I was FASCINATED to hear the story behind the original tune in the video description. And as always, the video itself was informative, easy to listen to & follow, and delivered with humor that seems both seamless and right at home. Your videos always deliver and THEN some!
I thought I knew what "committed to the bit" meant, then I found a video where the topic is Minecraft continuously using Terraria music for almost its entire duration.
12:06 You know, I've often heard the rumor that you have to enforce your copyright or else your hold on it weakens but based on my own personal research, that's just trademark genericization, not copyright law and how Sega handles Sonic has always spat in the face of this, same with Capcom and Mega Man, at least until recently. Sega's handling of other IPs has been a bit iffy though and Capcom just declared war on PC mods (even though their new DRM doesn't appear to include anything to do with preventing mods).
This video was amazing! I worked at Mojang for 5 years. You hit the proverbial nail right on the head with this. Fantastic & correct information here! Bravo!!
7:57 "This is an excuse to switch to Animal Crossing music before the Minecraft OST puts you all to sleep" Sir, I'm watching this amazing video at 12:30 AM. How dare you call me out like this.
Despite the opening that I almost clicked off of, this is an excellent video. Few people can explain the situation so well and I appreciate learning about this chaos from someone who can cleanly explain why it's overblown (instead of from the panicked people who didn't do any basic reading).
An interesting topic for video would probably be the derivate works of Touhou Project and the guidelines for that. Touhou started as a personal project of ZUN (pretty sure he never intended to publicly release the first game but people convinced him) and basically a doujinshi series, to the point that in PC98 games there's some content that I don't think was actually legally owned by ZUN lol. Obviously there are some things you can't do, but ZUN basically gave people right to profit off Touhou fangames.
I absolutely love your channel, you offer such a unique style of video. You are able to talk about these complex legal topics that affect all of us in a way that just about everyone can understand and enjoy. There really aren't many channels that offer this kind of content, especially not in this genre. Having a real lawyer actually explain this stuff is genuinely so nice lol. I've seen so many Minecraft TH-camrs complain about this and say that it's the worst thing ever, and I genuinely did not know what to think. Just because I'm not a lawyer, and I know that they are not either. So having this explained and knowing that this is actually pretty much the same thing but with more clarity is very nice. I feel like every time I watch one of your videos I actually end up getting a little bit smarter, which isn't always the case for TH-cam videos lol. Keep up the fantastic work, looking forward to that eventual unity video. Lol
Deserves to have more attention! Its hard to make long thoughtful content when a knee jerk reaction can get you so much more attention. Hope you keep up the good work!
44:10 - wrong snippet of the EULA shown? Seems like "You may not accept sponsorships for purposes of profit" would apply here, rather than the "logos or fonts" complaint that's covered in the next segment.
I'm not a fan of current copyright laws or EULAs, and I've never played Minecraft, but I enjoyed the video for clarifying. There is a lot of misinformation about law in relation to video games, and it's fascinating to learn about from a lawyer's perspective.
I honestly feel like every time Minecraft does something the community gets extremely angry about it. As for me, I used to be caught up in that but now I have chilled out and realised that overall, most of these people in Minecraft have simply grown out of the game and that is the reason why they are so angry, a lot of people simply just never played other games. Roblox is just way worst than Minecraft in every way when it comes to changes and rules stuff. The Tix update was not a horrible thing, it was a good thing. But other stuff that Roblox did honestly makes me scratch my head. I know both Minecraft and Roblox are now New games, but seeing fans cry over the fact that Roblox is changing 1 little thing about the layout or Minecraft players crying about how they still didn't add an another update or cry about how everything isn't the same shows that Roblox and Minecraft IS changing. And it's fine if you want to try again and try to do something with it or leave and try something new. Don't just wallow around and cry like a baby just because your favorite online games have suddenly gotten different.
Amazing video as always! :D It really is interesting to see how Minecraft's EULA changed over the years as it grew from just a one-person endeavor to one of the largest video games in the world owned by one of the largest companies in the world. I've had the "joy" of reading through Microsoft's terms and conditions documents from back in the early 2000s (for stuff like Windows XP and Microsoft Office), and the terms that they have in place now is definitely better, but Minecraft's new EULA really is a shining example among those when it comes to brevity, clarity, and approachability. More companies should take note, is my opinion!
26:33 What's your problem with the GPL? I think the GPL is a very good choice for such a project as it can't be easily closed or be taken over by another enitity if the old one is taken over.
It's probably not legally valid to tell people you are licensing something under the GPL when in fact you don't even fully own that thing in the first place.
หลายเดือนก่อน
@@viliml2763You don't have to fully own something if the license something under is allows you to.
The EULA update may not have actually changed much beyond clarification of terms but that doesn't mean people have been OK with the EULA since 2015; rather it means that they're finally reading the contract that they agreed to back then. I read everything I'll be legally bound by and that is the primary reason I don't use social media; I refuse to be bound by the terms and conditions of these "necessary" aspects of modern convenience and I've even turned down job offers because they required me to download an app that I did not agree to the Terms and Conditions of. Even if it's industry standard, that doesn't make it ethical or morally correct.
If you read any of the original EULAs, they lack a revision clause which is the instrument by which all the future versions of the EULA bind all customers after a certain date in 2011. I purchased in 2010. My EULA is still a valid legal instrument that Microsoft and Mojang pretend doesn't exist. It's that kind of dismissive behavior by these corporations which convinces me I should never give up the rights I was granted. I would rather have this EULA than migrate to a Microsoft account.
The sad thing about Bukkit not being a thing back in the day is that the vanilla Minecraft server you could download was just so downright bare bones and the tools bukkit/spigot/cauldron brought with their plugins made almost just making a server sound like fun with everything working together.
Some parts of the EULA are against EU law. A EULA must be precisely described and not vaguely. Because some things are just vaguely described, it's not enforceable in the EU. So if they try to enforce it with someone in the EU, it would be disputable at a court. Most of the time it is enough to say you will sent it to your lawyer. Companys know that they are with this in the wrong and then just dismiss the thinks against you. It's also because if it's get to a court they then must change the EULA. Just Scummy corporate businesses practices. 46:45 Not in the EU, there everyone must be informed about a Change in the EULA. Are you really comparing Minecraft with the Children Exploiting, Crypto Gambling and Clickbait Game Roblox?
The changes to this EULA only make it less vague which is a good thing and only more “enforceable” in the EU. Not that it really matters, whether or not something is too vague is not up to us and is for the courts to decide and by making these changes Mojang is only more in the clear. Also it seems that you are making the fact that since this EULA is in some way against the law then it is also immoral in some way which is not the case. Law is only influenced by morality but it cant decide whether something is moral or not. Under the way the laws are right now Robin Hood stealing from the rich and giving to the poor would be illegal but whether or not it was immoral to do so would change depending on the circumstances of how and why he did it and by who was making that decision. Also any action taken by Microsoft/Mojang can be disputed in court. Even if this was a real deal written contract it would still be able to be disputed. The point of the court is to decide whether or not a party is correct in disputing something. Now if you have a problem with the ability or lack there of for the common man to be able to dispute something in court or companies being greedy then I agree with you but that is not as much a problem with the EULA and more of a systemic problem that must be fixed in other ways than changing EULAs. Also when it comes to informing users of EULA changes in the EU, nothing that Mojang says contradicts that, all it says is that they can change the EULA anytime that they like and that user must read the changes when they do that, which is not against the law, all they have to do is notify users of when this happens so that they can read it for themselves which is the same in the US and the EU By comparing Minecraft to roblox we can see how they are similar, like their intended audience and age ratings, as well as how they are different, like how roblox is much more child exploiting game than Minecraft. By writing that last part of your comment you are comparing the two games yourself by insinuating that Minecraft is not an exploiting game. Really all that you don't seem to like is that the comparisons made in this video led to conclusions that you don't like which seems to be that Minecraft is not as bad as you may think.
I can't speak for Moon, but I think the overlook of the EU guidelines around 47:00 might be accidental but doesn't change anything else of the previous points of what's been clarified and reworded. I think you might be mistaken on the Roblox comparison though. at 49:32 the point is to compare the user agreement between Minecraft and that with Roblox and see the difference. that part doesn't last long though as the differences are pretty night and day for two different games that both target and market to younger audiences.
I, for one, would have liked it if you had opened the video with an Italian New Yorker accent whilst playing the Spiderman 2 Pizza Delivery music in the background.
*BRASIL GANG UNITE!!* Another great video, Moonie! You clearly and lightheartedly share your perspective on complex subjects that you wouldn't see elsewhere. With each video you've managed to increase the quality even more. Keep up the excellent work!
I appreciate the thorough explanation on each of the terms of the EULA, and I agree with a lot of the points. It's good - and very natural - to want to protect oneself. Having read through quite a few EULAs as well, I also find it cool to respect the end user's time by making it possible to understand - easily and concisely. It was interesting to learn how unreasonably long Roblox's EULA had gotten and to see a comparison. I come from a background where those in power have fallen well short of standards in similar ways, or have often actually overstepped and then didn't do anything to remedy it (knowingly false bans, outright abusive behavior beyond that, unresponsiveness, etc.). I'll spare the details on that here, although I did find myself curious about a deeper look at Minecraft's online code of conduct (on servers, such as the chat or in-game actions) and enforcement (including account-wide). Given Minecraft's good handling of the EULA writing (and user content), I wonder what they actually do about the code of conduct part as well, and if there are any good case studies, statistics, or otherwise. In any case, thank you for making the video! (Also, Terraria music is a fun choice. ^.^ )
Great video, it clarify a lot of things that hopefully more peoples will see and hear about. ...Oh, and one more thing to add onto my list of things to trashtalking about Roblox with.
I now learned way more about EULA and contracts in general than I feel like I need to ... also I can't help but feel like this video was an excuse to use a ton of Eula clips from Genshin which I can agree, she is best girl
Whole issue can be boiled down to people having specific interpretation of the unclearity of previous EULA thereby find issue with the new one. People have fear with the clarity means more enforcement.
EULA in 2011 gained unilateral revision clause and retroactive enforcement clause. Recent introduction of "Community Standards" policy allows them to make executive decisions without updating EULA, and that creates a type of volatile uncertainty in adherence to EULA. Customers subject to this may find ethical issues with actions of Mojang, but once Mojang decides on a position the conformity is required. The clarity in this case equals more uncertainty, fear, and anger with the CS policy. EULA revisions are more palatable than the CS policy. Interpretation is always a prerogative where ambiguity exists. Pre 2011 EULA is still valid for customers in that class due to demarcation of changes as noted in first line.
This is an important video. Having a lawyer actually read, compare, and break down the EULA and give a determination of "it's basically the old one but more clear" is great to see. I remember watching a video or two talking and panicking about this, but now I see that the only real time to panic is if they actually start enforcing the EULA more and more.
Interesting analysis. Keeps me wondering what the full implications of Steam's EULA are, especially when it comes to changing payment region and selling accounts. There are ginormous spaces of the internet dedicated to selling accounts and region-change services to Argentina to get games cheaper and some TH-camrs even advertizing VPNs specifically to change payment region for cheaper prices on sites, but I've yet to see a deep dive into the legal implications of this stuff.
I was very much there for the 2014 EULA change and I think it was immensly positive for the english-speaking community in the long term. Sure there were many servers that were forced to shut down including one I had played on for over 1000 hours, but dealing with the increasingly predatory montisisation practices was necessary. The server I played on was mostly children between 8 and 12. New subscription tiers were regularly introduced with more and more overpowered perks that children bullied each other into getting. I know several people who "borrowed" a parents card to sign up to a $100 a month subscription. The only problem is that many smaller languages no longer managed to maintain a profitable minecraft server anymore after the change since the income per player generally went down by quite a lot.
Playing on a pay 2 win server is entirely your choice. The premise that you don't like them therefore they should be banned is not only inconsiderate of people who do like them, but for early adopters their EULA permits them to do it. I've never had an interest to play on one, and there have been ample servers without that model for me to enjoy. This would be like the government trying to impose gambling laws against Magic the Gathering or Pokemon collectible card games because it produces a market based on paying for an advantage IN A GAME YOU VOLUNTARILY CHOOSE TO PURCHASE AND PLAY.
Hello Moony! I really like your videos diving into legal tangles and the public's understanding of them versus the thinking behind them. This one is no exception. I do have a question about games not directly related to this video, one of the content creators I follow is someone passionate about the fact that, especially in recent years, video games are created to be paid for, and eventually shut down, even things that are (Or could be) played as single player experiences. Effectively taking away from the customer the thing they paid for with no recourse to play the game, not just in multiplayer, but at all. I have a feeling that this is covered by the EULA in most cases, however, I'm curious if there's any interesting legal ground there that could be expanded on? Regardless of if you read/respond to this, thank you for the video, and I hope your cold has subsided quietly.
Great video. Disagree on the spoiled part though. Intellectual copyright law is fucked and should not be the way it is and we should all have more rights than the Minecraft EULA gives, let alone the Roblox EULA
Hey Moonie, dumb question. Who owns fan art? The artist who made it? The IP owner? Is fan art legal, and what's the legality of commissioning or selling it?
Think i can answer, but i could be wrong The artist owns the fan art, but the ip owner owns what the fan art is about Fan art is legal as long as you do not publish the art, publish in the legal sense meaning putting it anywhere where it could be seen by anyone, the internet for example Commissions and selling fan art is illegal
it really depends on the IP from my understanding of it. It seems that the same conclusion from this video fits with most fanworks though. Companies use copyright law to the fullest extent when fanworks becomes too big to let slide. Like Nintendo isn't going to go after a DeviantArt artist for making a sexy Mario, but they will go after the DeviantArt website if the site shows the picture of the spicy plumber as part of a marketing push.
Great video breaking down the Eula! Might be a little left field but the comparison at the end reminded me of it. Any chance you'd be interested in talking more about Roblox in the future? Your deep dive style, I think could really do justice to the rabbithole of a topic that is Roblox's corrupt business practices.
Use code MOONCHANNEL50 to get 50% off your first Factor box at bit.ly/3Qik7ub! ⚖
I've heard complaints about the ad structure in the previous videos, so I've tried to reduce the ads in this one manually. Let me know what you all think about the new ad structure, and if it's an improvement over the old one!
This video is also -very- legally dense. Did it get boring for you? Let me know, and I will be better able to gauge your interests for future video.
Lastly, please thank friend of the channel Yozora for her wonderful work!
I hope you will all enjoy the video!
@@moon-channel before watching the video: when you manage to pick titles? Because I noticed that poll results show that "business as usual" was winning.
@@mikhaelgribkov4117 The poll asked how bad we thought the situation was, unlike the other polls that asked what we thought the title should be
This analysis is absurd from its very foundation. The point of copyRIGHT is that those rights must be delineated by the rights holder. While said delineation can be carried out in a court of law, it is generally carried out in a contract, for the sake of protecting the company from legal ramifications. Therefore, a contract stating "etc.," while less restrictive in its enumeration, also means the company has not yet clearly _delineated_ its rights, therefore protecting those rights may be a burdensome cost. Microsoft delineating its rights *means it intends to exercise them.* Your video totally ignores that Mojang didn't enforce its rights because doing so may have opened it up to winnable, but expensive, legal scuffles.
I don't care that Microsoft's Minecraft EULA is less restrictive than other games. We are *KILLING* humanity's creative industries through sheer ignorance of how legalese works in the real world. Creativity is not merely the expressive work of the human imagination; it is the basis of modern free and scientific thought. From the imagination spread the very concepts of the enlightenment era and we are *PISSING THAT AWAY.* This video is a monument to the stupidity of mankind! There will come a day we *all* pay for this absolute asininity.
@@moon-channelI saw something a few days ago about TH-cam introducing a new clause that explicitly states creators don't have control over how many ads or when they show up.
Which of course already existed (haha), but now they don't need to be sneaky about it.
Have you heard anything about this? I wouldn't normally ask, but it seemed related to your comment.
A note on the lowercase for "Informations" and "Conditions" in the old EULA at around 16:10.
In Swedish, we do not capitalise the letters of titels and have it very enforced in our writing for School and the like. Nowadays when I write 90% percent of my things in English, I often default to the English capitalisation system, but for many swedes that is just how we wright (even if it is incorrect in English)
Oh, fascinating! I recall that this is the case as well in German, but I did not know that it was the case for Swedish! Thank you for sharing that with me: the old EULA's capitalization quirks make perfect sense now.
@@moon-channelin German we do however always capitalize nouns/names, so those in titles would still be capitalized.
@@moon-channel As a German speaker, it's pretty difficult for me to distinguish between proper nouns (like Queen or Hamburg) and regular nouns (like noun or cat), since they'd be capitalized all the same when writing in German. Not sure if that's the same difficulties that Swedish people face though
@@kappasphere Queen wouldnt be a proper noun, unless its a title i suppose. A lot of the time its just a normal, non-proper noun (in english)
@@moon-channel Same thing in Norwegian as well. There's probably a lot of European countries that don't use title case.
Footage of Genshin's Eula appearing in this vid at some points always give me shockwave, like teacher knocking the desk randomly during lecture.
It's been a recurring gag for a while by the time this video was out
Thank you for explaining the actual changes! There was a lot of misinformation going around after the update, and I had to explain all this to many TH-camrs who were very annoyed but had clearly never actually read the commercial usage guidelines their job is based around.
Also, quick PSA: if you haven't migrated to a Microsoft account (e.g. haven't played in the last 2 years), do it before September 19th or you will permanently lose access to your account!
Yoooo, it’s you!
Outrage misinformation content drives engagement and more ad revenue.
Still not migrating.
Bro, that is literally THEFT from microsofts side!!! What the hell!?
I cant even migrate my legacy account 😢
its not that I don't like it but I just love that you started playing Terraria music in a Minecraft video right at the start lol
The better game in my opinion
@@NatetheNintendofan it's kind of amazing how right you are about that; I've made Moon Lord my personal b-tch on Legendary, numerous times, but never killed the Ender Dragon, since I always lost interest in Minecraft before getting that far.
@@sarahfay5280 Terraria encourage you to beat the final boss, Minecraft requires good RNG to remember it's possible to even even get that far.
@@sarahfay5280 I actually used to prefer Minecraft when I was younger but then the game got boring even with mods it can be a little boring but I absolutely love Terraria modded Terraria even more
@@NatetheNintendofan unfortunately for me, when I was growing up, we didn't have such games, and I feel kinda sorry for the younger generations having basically every game besides these ones be full of mtxes. I'm glad modded Minecraft and Terraria are such wonderful sources of joy for you, these days.
"Has this happened to you?" - I tend to read EULAs (sometimes). I have annoyed Blizzard Support for weeks to get an answer from them whether I am allowed to run Starcraft on Linux using Wine, because their EULA requests the permission to scan all my memory and … well, that’s not possible when Starcraft runs on Wine. In the end they said yes, so I concluded it had become their problem ☺
Hahaha, nice.
based
I read EULAs every once in a while. Not often though. Recently I read the summary given for Cities: Skylines EULA just because 'why not'.
@@PWNDON What was your takeaway?
EA likes to promote Linux/Steam Deck support for Apex Legends, but they had multiple incidents of the anti-cheat banning thousands of Linux users and then refusing to unban them until mass outcry
If you read the full text of an EULA, you may also find the drafting lawyer wants a pony for Christmas.
They're about as likely to get it as anything else listed in an EULA.
Often, the point isn't even to enforce the provisions of a EULA: it might exist solely to satisfy legal requirements and give the appearance of caring, so to speak
I wanna say that as a representative of the Brazilians we will party on your comment section regardless of what you speak of sir!
That's an amazing video, love your content 💙
Is it here?
I brought the farinha.
@@arthurbarros5189 yes it's here we already got the feijoada but I'm waiting for the coquina gelada
@@guyWSonicpicture we have guaraná Jesus too
sorry i'm late, got the brigadeiro and coxinha tho! also i found coquinha, but only the zero one.
from the south, they bring Chimarrão to wake you up and chat about good knifes.
From the north, we bring açaí with tapioca, so you sleep in a hammock after lunch.
The northwest brings acarajé, and asks "hot or cold" but mean "pepper or not?"
Hey Moon! I assume you might possibly be reading these comments since this video just went up. Wanted to let you know that I found your channel recently, and I really appreciate your approach to structuring and scripting these videos. Everything feels well thought-out and properly explained, the topics you choose are interesting and your opinions on them are engaging and thought-provoking, and the videos themselves are genuinely very interesting from start to finish. I'm excited to keep up with the content as you continue to put it out there. I hope you're having a great day :)
Thank you for your very kind and thoughtful comment, snowsis! I am so glad that you've found the videos enjoyable!
For real, although they're a bit long it seems ultimately because everything's explained in pretty understandable terms. Good stuff
Glad to see another person that appreciates well thought out and presented content over rage bait / outrage drama! I've been getting really sick of the Minecraft community turning everything into a huge ordeal.
Is it just me, or is Moonie getting funnier with every upload?
He gets moonier, for sure.
Thanks for putting in the effort to explain this stuff. Great video, keep it up!
Thank you for your incredible generosity, Kupoapo! I am so glad that you are enjoying the videos!
why are you the first person ive ever seen with a donation
26:30 I would like you to elaborate more when you say that Buckkit's mistake was using the GPL. I know that the channel focuses more on things related to video games, but a video (or a series) analyzing one (or several) of the existing Free and Open-Source Software licenses would be interesting, especially when commented by a lawyer. There is a lot of confusion about what FOSS is and what it is not, especially because the two largest organizations within the movement (the Free Software Foundation and the Open Source Initiative) have different opinions and many developers trust their judgment to decide under what license they publish their work. without knowing the true scope and problems that this can bring in the future
This is _the_ reason why I rarely if ever publish my code. There are so many different licenses with subtly different permissions and philosophies, and publishing my code also requires vetting all my dependencies and presumably any small snippets that I copied from a random TH-cam video or stack overflow answer that I've long since forgotten about. While I would love for my code to be used and shared (the opposite of tightly controlled intellectual property), needing to deal with intellectual property at all is a complete minefield and keeping everything private is a price I'm willing to pay for not having to interact with intellectual property law.
I think the problem was, that it used Mojangs Code, and so they couldn't license it under gpl, as they weren't allowed to distribute (that part of) the code at all
You can't just apply GPL over someone else's product. Ultimately, the problem was their product probably wasn't licensable to begin with, and simply claiming it to be so didn't make it so.
Love the use of Hat Films Minecraft clips! Got me in the nostalgia feels.
Also got a chuckle from Eula the character being used.
I help out with testing for a modpack and its official server, and was informed about some changes being made to the Minecraft EULA weeks ago on Discord by a newbie. I only looked back 2 weeks with the Way Back Machine, but I remember finding the most prominent changes were the addition of Minecraft Realms to the conditions. Any other changes seemed to be grammar or rewording.
@35:48 that was 1 sticking point that I thought would be contentious when I read it recently, how you are allowed to title your content, but it was unchanged for a long time, and I'm surprised it was originally added back in 2015.
I'm glad what I saw wasn't out of context with the full picture, just a small part of the pattern.
With the amount drama and discourse fatigue I used to listen to that I carry with me, and a history of coming to snap decisions that I end up regretting, I try to keep reserved on giving my opinion on internet yelling. It leads me to being a fence sitter, someone who has no hills to fight on, but verses the anxiety of being challenged on my trash takes, I'm happier. Vindication is a nice outcome though.
I could have sworn we all had exactly this conversation a few years ago when they changed the EULA to disallow certain methods of purchasing things on minecraft servers (I'm sure it was more than that but that's the bit people appeared to be vocally worried about)
I think I remember that, iirc it made it a bit harder to monetize typical servers but it cracked down heavily on p2w servers which everyone was happy about
@@heretichazelDoesn't get enforced though, so p2w servers still run rampant.
Wasn't it the reason why Notch sold Mojang because of the EULA changes about P2W servers.
@@thetele8646 I was under the impression he was quietly shuffled out after he started being outspoken about his right-wing views, though now I'm saying it I realise I have no idea if that's really true
@@hipsnowsis7374 the thing about his right wing views occured a few years after he sold the game. I remember his tweet reading something along of the line, I don't want to get bashed for doing something right, that isn't my gig.
I think part of the issue is that the changed EULA coincided with some servers getting noticed/banned for having guns which was not something enforced previously
No, the EULA changes happened in response to that. The gun servers were banned before that point, despite the previous EULA not explicitly outlining that they aren't allowed (which as this video points out, doesn't mean it IS allowed). There was a lot of uproar because of this as these server owners had no idea what they were and weren't allowed to do due to how unclear the old EULA was, and in response Mojang updated the EULA to clarify many of these things, including that gun servers are in fact not allowed. This EULA change is literally what people asked for.
I didn't ask for a mandatory migration because sadly I don't have the funds to buy a copy.🥺
if you can't afford, it is morally correct to pirate@@Kris_deltarune-69
@@Kris_deltarune-69 I earned the funds for Minecraft in a single week when I was 12 by raking leaves for a few of my neighbors in the fall. The price has only gone up $8 since then. I'm sure if you really wanted it, you could get it. And if you're that financially desperate to where you can't afford Minecraft, even with a few extra odd jobs, I think you have bigger problems than an account migration.
@@snailymitch The problem is that unless you purchased before May 24 of 2011, your EULA permits unilateral revision and retroactive enforcement. This means they can come back later and kill off gun mods. That doesn't mean that the mods were always not allowed like you claim. Gun mods are still in fact allowed depending on the EULA you agreed to.
>This EULA change is literally what people asked for.
So people who objected to the ban on gun mods are.. not people? Is that your argument? Do you work for Microsoft? Because that is a very corporate response.
i love how entire video is filled with constant Eula jokes, great job moon !
i hate it
@@SuperM789booooo
The jokes are amazing
it's funny as hell purely because of how egregious it is with Moon's completely serious delivery
That joke is so obvious that refraining from using it would almost be a crime.
Prediction before the video: nearly all of the supposed changes were either already in the EULA, or are incredibly minor and not worth worrying about. But also Mojang not notifying users might be an issue in the EU.
Very prescient, Jazzy! Those are, indeed, some of the major conclusions the video makes about the EULA changes themselves!
@moon-channel Just finished the video a few minutes ago; I'm glad to have gotten the conclusions pretty spot-on! I took a dive into the EULA myself when the news reached me a few weeks back, and it honestly just sounded like they were being more specific, so I figured it was just panic and fear-mongering. Glad to see I was right!
so basically this video is mc propaganda
@@ETHANR26 What a way to admit that you simply did not watch the video.
@@toumabyakuya yeah i turned it off after 5 minutes of the dude reminiscing about the game being started.
Ofc mc Eula is full 1984. This video is full 1984 as well, you propaganda sucking slugs
I've always enjoyed reading the "internet cafe" sections of EULAs. Most products either completely forbid it or go into great detail what you can/can't do as an "internet cafe". I've always wondered where Steam's family account sharing fall in relation to these sections.
Moonie, even with cold, is best youtube lawyer.
This was tremendously enlightening. And some of those cutaway gags...
love these videos! i gotta say, it's genuinely concerning that gaming content creators are so unaware that everything they make is a legal grey area and always has been, leading to panic whenever this kind of thing happens. i knew this when i uploaded silly little AMVs full of copyrighted music and videos when i was 12 in 2009, i don't know why it's been widely forgotten. this whole ecosystem is built on compromises and generosity (as much as a corporation can be "generous"), which is obviously scary when your livelihood depends on it. i feel bad that these people didn't know this from the start and now have to grapple with that.
Y'know, I couldn't have said it better myself. It always surprises me when people don't realize the nature of common practices like this.
I work retail and frequently people will say "That's not what the price sticker said!" when, in fact, the price sticker did list that price. It ALSO said "If you are a member of our rewards program you will instead get the item for this price." The sale price is listed more prominently not purely to mislead people, but to advertise that there is a sale and, in our case, make it easier to notice and remove that price when the sale is finished. I'm pretty sure I learned about this practice before I was 10.
And just as you and the video say, when it comes to fan content the written rules and the ways they're enforced have always been disparate. As a kid I knew "OK, I know this isn't strictly allowed, but the cost-benefit analysis of this from the owner's perspective is balanced in such a way that it shouldn't be an issue for me unless I leave something so unchanged that it's recognized by a bot." Not necessarily that I'd be able to describe it in that wording, but the concept was there.
Because precedent. Back in 2012, we knew it was legally dubious because all similar things were known to be legally dubious. We all saw those "you wouldn't steal a car" ads! But a decade later with the next lot of folks growing up where they mostly see people "getting away with it" and _don't_ see these rules getting enforced, the default assumption is that those rules don't exist. Gen Z grew up in a different culture to us millennials!
@@Respectable_Username fair enough! crazy how much just a few years of age difference changes things
@@tinycatfriend You're telling me! My little sibling is 10 years younger than me and it's _fascinating_ how different our lives have been with only that single decade difference. The world really has changed so much so fast!
@@Respectable_Username Meme culture probably plays into that as well. Things like YTPs using so much copyrighted content, along with Tik Tok allowing music clips in videos, probably taught this generation that everything is permissible if I say the words "fair use" in my description.
I just wanted to say that as a first year law student who is looking at the realms of copyright and IP law as a potential career path, your channel has been really interesting and inspiring. I know that the target audience isn't law students but you include just enough tangible law that I can make the connections to my classes.
We've actually been spending quite a bit of time discussing contracts of adhesion and the differing theories of how binding courts should find them in my contracts class. It is really cool to be able to take that knowledge and try to apply it to the realm of EULAs.
In any case, I really enjoy the content and hope you keep making more.
i knew it was being blown out of proportion because so many people were focusing on the inability to use rhe Minecraft logo as something new, which i knew couldn't be new because when the Minecraft wiki was forced to become a fandom wiki, they had to change the logo because Microsoft didn't view the wiki as official anymore, and thus no longer allowed to utilize the official logo on the wiki's branding
So you are telling me that the big controversy was caused by adults on social media having the literacy of Minecraft's target audience and spreading misinformation? Why I never.
Explains why when I read it I was confused with what the controversy was actually about
Honestly, I'd take the ten-year-old over a terminally online adult any day.
The former is forced to read proper English on a regular basis.
The latter probably hasn't seen such a thing in at least a month.
You can delineate the issue as follows: Did you purchase the game before May 24, 2011?
If No: You're under current EULA. The First instance of this EULA grants Mojang unilateral revision to make changes.
If Yes: Congratulations, your EULA is non-revisionary and Mojang requires your explicit consent to change terms of the agreement.
Who says those were adults?
Got jump scared by my comment being featured early on in the video LOL. Thanks for covering the topic Moony!
Damn, but copyright law is a MESS. I kind of knew that in the abstract before, but having seen all of Moony's videos I can't help but empathize with publishers of all things. The fact that TH-cam and Let's Plays can even exist under the rules as they are is a miracle, and the only reason they can is because the copyright holders are risking their own necks to allow it to do so. Probably more to avoid the backlash (at least for most) but still! If Nintendo is considered lenient given its circumstances as a company that shows a severe and troubling legal landscape. It's... it's just really bad, isn't it?
It really seems like people making these laws were straight up stupid
Not only these laws are mess but copyright lifetime is ridiculous and laws are actively hostile towards both copyright owner and everyone else
"Probably more to avoid the backlash (at least for most) but still!"
I think in many cases they also view it as free advertisement.
How hard I laughed at the "worst audiobook for jogging" bit got me some odd looks from the wife. Well played.
Having watched your other videos on the many Nintendo shenanigans, I knew this one was gonna boil down to "this has always been the case" and "this EULA is actually very lenient", but I had no idea of the extent to *how* lenient it really is compared to others! For example I wasn't expecting Roblox's EULA to be 33 pages long lmao, props to you for having read all of it!
Since the middle of 2011 this is true for 238 million customers. The original 1 million plus customers can't say the same thing because the changes are night and day for contractual protections.
@@peppermintpig974 oh yeah, I heard that from a different video, good point
I think the dirt block and dirt house analogy is a perfect summary, great video as always!
Hi Moony,
Your video essays have really rekindled a spirit of pragmatism and analysis within me, and I genuinely thank you for it. I've been going through hard times these past couple years, but it feels like that's starting to slowly ease up. Of the uncertainty that I am gradually peeling away: I've been seriously considering changing my major away from Computer Science for some time now. I'm half way through my degree program, but I've began to feel that maybe I was misinterpreting my passion. Your writing inspires me. It's added gasoline to the fire that, perhaps, I've been chasing the wrong career for years. I only started CompSci because that's what I had always been striving towards since childhood; it was like inertia due to my upbringing. Studying law was always "backup" option for me since I was a kid, but I am just unsure if it is time to employ this back-up major.
There's just something so satisfying about writing down the right words in the correct places to protect people, and I really don't get enough opportunities to do that. As a kid, I would actually make "verbose" memes but strive to make it actually have meaning instead of being just a dictionary find and replace. I would find joy in writing intricate protocols and arguing online (occasionally) to the best I could possibly do at the time. As an adult working a dead-end food-service job, I've always wished I could write the end of day reports that my supervisors are required to write. I actually have a reputation at my current job for speaking good "corporatese", and have accidentally helped ghostwrite a few of these reports.
I do not know how to get my feet into trying out law; I haven't seen my college offer "Do you like typing words but don't find pleasure in being an author? Did you do weirdly well with essay analyses when you were a teen with absolutely no foot in the door to anything that would be applicable? This course might be for you". Just to be clear, I do not plan to uproot my entire life trajectory with brazen ignorance: I do plan to use campus resources such career counseling, but I also want to get perspective from you. If I recall correctly, you have yourself changed from a staggeringly different study in music to the hard analytical researching of law. What lead you to do this? How did you get started? What is something you wish you knew before you started to study law or even before you started college?
-June
Hi June! There's not many people I'd recommend a career in law to, but you might just be one of those people.
The complicated part is that, until you are actually a lawyer, there isn't much room for "creative" writing. Getting into law school requires a high score on the LSAT, which isn't very writing based, law school itself is more like boot camp and less like education, and then there are very many lawyers who don't do any writing at all.
I grew up wanting to be a marine biologist, and that is something I am still passionate about. In college, I was all over the place: in four years, I changed majors from biochemistry to vocal music performance to political science. I ended up with bachelor's degrees in international studies, political science, and geography, with a minor in musical performance.
I didn't actually want to be a lawyer, but I knew that writing was something that I had a great affinity for. Yet, even as I was in the midst of pursuing my decision, I was never certain of it: that's just the nature of life sometimes!
I can tell from your comment that you're a great writer! Have you considered journalism as a career with a potentially lower bar to entry? You can even start in that direction as a hobby: if you're in school, by working with school publications as an extracurricular or pursuing a minor in communications perhaps. Maybe you can right some volunteer op-eds for local papers (or national ones!) and see if they'll publish your work? And journalism, as an undergraduate major, is easy to pivot into law school thereafter!
As for what I wish I knew, I have a practical answer and a personal answer for you: the practical answer is that I wish I knew that really any major can end up becoming a lawyer, and that it is your LSAT and application that matters to a law school, and not really your undergraduate degree. As for the personal answer... it's okay to not what you're doing, or what you want to do, or how you want to do it -- really, not many people do. We make the best decisions we can, with the resources we have, and its okay if that ends up being imperfect.
I'm deep into the field of law now, and have jumped around a bit, and I am still not sure if its for me. But that's OK -- I'm still at it, and I can do good for people now through law, which is more emotionally satisfying. I haven't gotten everything figured out, and I might not ever, and that's okay too -- I'm doing my best, and that's good enough. You might not enjoy comp-sci, and it might not resonate with you for the moment, but that's okay too -- maybe you can continue down that road while testing the waters by writing for your local newspaper or something, or a game review website or something, as you figure everything out.
However you decide to go about exploring your talents, I'm so glad that the videos can be fun and inspiring for you. If you do end up pursuing law, I hope you'll let me know! I'd love to see how your career blossoms, and where your road takes you.
- Moony
I am delighted that you found a Minecraft skin for Eula from Genshin. She's adorable 🥰
Since like 2019 I always read Terms of Service and Privacy Policy before I get the game/agree to things because it's a good habit to have and I consider it a test of my resolve and attention (I have inattentive ADHD lol). It takes me 40-60 mins to read through them. It's important to know what you're getting into, even though those terms could change at any point, so you don't get blindsided. It always surprises me how few people will actually read their agreements.
Thanks Moony for all of your content. Most of the time I stop by, I don't actually care much about the video's topic, but more around the tangential journey you take me on. Always a pleasure to tune in. Keep it up!
I think you get that one Moony: the reason you have an audience is because there are people that are interested in the what and why. Whether or not it makes a difference to the wider world? Well, content creators are hocking their wares too: panic and discontent are also a product. Thanks for providing a healthier section on that menu.
Are you seriously defending clickbait misinformation
@@nohrianscum9791 Nope. I am defending reading comments you reply to though.
@@nohrianscum9791 As I don't know where you stand on this issue, I would like to try to disambiguate the subject....
After May of 2011, Mojang implemented a EULA that contained a right to revise the agreement and a right to enforce it retroactively. This means the potential for these changes was always there for customers who purchased after these terms were introduced. This was not covered in the video. Now, whatever we might think of their right to make changes to the agreement, there are at least three different discussions to be had about this...
1. A claim was made by OP and others in this discussion that there were no changes to customer's rights, or perhaps I should qualify this and say there were minimal and negligible losses claimed. Based on my reading of the EULA over time, I believe the statement is at best technically false for customers under modern EULA, and overwhelmingly false for those whose rights were coined prior to these changes. Of course customers after this policy change should know that they are at the mercy of unilateral changes, however a right is no longer a right if Mojang introduces a policy such as "Community Standards" which allows Mojang the ability to make executive decisions without revising the agreement. This has the ability of reducing rights into limited privileges or into no permissions at all, and I think that's a relevant distinction. For example...
If a coder relied on Mojang's policies to remain valid for the development of a firearm mod, only to later be told that such a mod has been banned, it creates a harm and negates a perceived right. Customers will invest time in development for software they believe to be contractually compliant, and they rely on certainty and clarity. The reason the firearm mods have been banned, according to Mojang, was because they depict "adult violence". No mention of swords, bows, crossbows, and the general mayhem that can go on in Minecraft's vanilla environment was included in this ban, but you can bet anyone paying attention to this saw the contradiction and challenged Mojang on this. This parlays into the second point...
2. Hypocrisy and infringements on action have a deeply corrosive effect on the credibility of Mojang and Microsoft. Mojang built up a vast customer base whose perceptions and expectations of the game are based on a particularly high degree of freedom. These sentiments have carried over across time and when changes to the game are made there is understandable concern and questions. As restrictions increase, whether or not they are contractually valid to enforce, this has a way of alienating the customers from the developers because it's not enough for Mojang to claim unilateral authority to make a change. It must decide for itself if it is willing to sacrifice a measure of reputation in the process of enacting a change, and unpopular changes invoke strong and negative reactions.
I have absolutely no reservations in claiming that Microsoft's interests are incompatible with the interests of Mojang's customer base. It was Microsoft's intent to establish a captured market with a gated marketplace. Microsoft is the reason that customers are no longer allowed to develop and sell add-ons for the game outside of their storefront. It was their intent to capitalize on content creators, making a profit off of their listings while forbidding all content offered on a for profit model outside of their sphere of control. I believe that the development of Bedrock spells the inevitable end of Java. Bedrock provides Microsoft the means to close the gates and fully flex control over the customers... and this parlay's into the third point...
3. The first class of EULA was written as a gentleman's agreement, as a pact between equals in mutual respect. These sentiments are not shared by current day Mojang or Microsoft. Prior to May of 2011, the EULA had no revision clause. This means Mojang requires the explicit consent of the customer to make revisions to the agreement, and in no way can they force their will or claim you are subject to these terms under specious theories or practices, such as including language in their launcher stating that use of their software equals consent, because this is a material breach: Early adopters were already granted access and service, and making customers jump through additional hoops in order to have the benefit of what they paid for is fraud. And no court in this country would be convinced that a customer would be willing to accept an inferior set of contractual rights with zero upside for doing so.
In this light, it must be stated as many times as is necessary that the rights of all alpha customers and a subset of beta customers have been repeatedly violated by a company that has zero interest in acknowledging the validity of these contracts. While in theory it would be an inconvenient fact for Microsoft to have to acknowledge these customers, the reality is that they believe they are powerful enough to ignore protests, so they choose not to. I have experienced first hand the fraudulent misrepresentation of my rights by Microsoft and they have provided me with sufficient incentive to advise people of their rights and warn against these breaches of service. The deletion of all non-migrated accounts is in essence erasing the evidence of their contractual obligations, and for the first 1 million plus customers who are not subject to a revision clause, and who have not, or choose not to migrate, this is an act of fraud committed against them. I have counted 11 different customer rights that have been harmed or stripped entirely away, and a multitude of breaches related to those 11 losses, which is why I think this video does a disservice to the public, so reluctantly find myself agreeing that this constitutes misinformation. I do not believe the omission of details was intentional by Moon, but I think a new video deserves to be made to cover these points.
@@nohrianscum9791 it was very clearly a critique tho?
I think the intependant spirit of minecraft's early days is still alive in one critical way: because it's ingrained in the experience of playing the game, it's a fundamental part of what makes the game so compelling for so many people, and therefore, profitable for microsoft. while that remains true, microsoft will not infringe on that because doing so would probably harm it's value as a brand and a body of intellectual property.
I *really* didn't like the takeaway of "You're just spoiled" fuck *right* off. Minecraft would be nothing if it wasn't for the community and they know it. They only slipped up on this once and it would have sunk the game had they not addressed it properly.
@@omegahaxors9-11 Your immediately needlessly aggressive and vulgar reaction to a completely benign and accurate usage of the term spoiled in relation to the relative generosity of the EULA "changes" (barely anything actually changed) compared to the typical competitors in the same space says that you, unlike what Moon was saying, are actually acting spoiled in the pejorative.
@@Cr3zant Weird internet losers when you criticize someone they like:
THIS LOOKS LIKE A JOB FOR... THE WHITE CRUSADOR!!! I'm a fan as you can see I defend with harassing sophistry when you say something I don't like I'll shut it down with an internet fight, stop right there internet scum i'm coming for you, no more fun everything you say is interpreted as hate now shut your mouth or prepare for debate
@@omegahaxors9-11A lot of things wouldn’t be anything without the community, but that doesn’t entitle that community to any decisions a company makes about their product.
This entitlement is something I generally see in parasocial relationships and I think that mentality is very dangerous.
@@crescentmoon5686 At some point though, you must realize that when you make a product, you have become in some part, beholden to your audience that perpetrates its dissemination. After all, without the consumer, the product dies.
All of this mudslinging on everyone's intelligence is doing nothing more than just that, slinging mud.
This video seems relevant again.
Though I suppose its best to avoid sensationalized legal topics on the internet.
So, at the very least in the way it can be interpreted in the USA, the EULA has, more the most part, just became clearer with how it should be interpreted, avoiding weird legal dilemmas both from the consumer's end and the company's end.
Makes sense.
2014: Mojang stealing Bukkit is a brutal move. Feels like the only safe path for hobbyists is to never invest work in an IP that’s not copyleft. Just don’t contribute if your contributions are not respected (which means: you get the same exploitation rights as the publisher when the publisher gets the same exploitation rights to your contributions as you have).
Though then you want to publish on a platform like TH-cam where you are limited to either the TH-cam license or cc by and you realize that it isn’t that simple.
"Feels like the only safe path for hobbyists is to never invest work in an IP that’s not copyleft"
Tell that to every fandom in existence. People will make fan stuff for the things they like no matter want.
@@CG920Fire Obviously, but by doing so we're risking getting burned... that's why OP said safe path. I'd also say there's a big difference between the usual fanart and modding games. if someone takes down a drawing you made you're not gonna stop drawing all fanart, but if you invest days, months, years of free work into modding a game only to have it taken down and thrown away... yeah, I could see how that might turn someone away from making any more big fan projects for non-copyleft IPs.
@@CG920Fire I know - and I do it, too. And I know that that’s not safe and am still treading the thin line.
But I try to also tread safer paths like Battle for Wesnoth, Ryzom, or 0ad.
And that the core rules of D&D got licensed under cc by now is an indicator that change is coming.
That we may reach a world where a game can only become hugely popular if it allows its fans to make it a part of their lives without giving up control of that part to the IP holders.
Their treatment of bukkit was the first hard tell that their CEO *might* be some level of fascist. Like I get hiring their members or taking ownership of the project but it clearly wasn't about that. They saw it as a threat rather than an opportunity and left the entire project a smoldering pile of ash. One of the greatest aspects of minecraft was reduced to rubble and it's never been replaced. Oh but they let forge stay up even though it's the exact same thing. Is it even a surprise forge today has a reputation for allowing nazism? It's just the continuation of a trend of companies turning a blind eye to anything done by the right.
@@omegahaxors9-11 I think Moony got that pretty well: to become a billionaire you act like a billionaire and put money first.
If you don’t, you may not become a billionaire, but with the same amount of luck you may become Larian.
I recall back during the first big EULA change that people freaked out about. The one right before Notch sold the game to Microsoft.
I was like 13 or whatever when that happened, but I recall that even then I was capable of understanding that the changes then were both nothing more than clarifying things, but also incredibly generous.
Have not engaged with the game much in a while, but fun to see that the Minecraft community never changes lol
Yeah. The Community never admits that it could ever be wrong. See: Recent villager nerf snapshots, EULA Rewording.
@@Cass0wary_399 The issue is people were upset and concerned about changes, but anyone who purchased after May 2011 was already under a EULA that permitted changes AND retroactive enforcement of changes. So yes, many people were wrong about their legal rights, but may have otherwise been validated in feeling that the changes were detrimental, but they should have expected it.
For everyone who purchased before the middle of May 2011, Mojang had no legal claim to revise and enforce changes to the EULA. Mojang and Microsoft have not even attempted to acknowledge or negotiate with this class of customer, and it has created an adversarial relationship due to numerous breaches of contract.
I thought this might also Interest you, Mooni, there is a video game called Judgment and Lost Judgement. Both of these games have a main character who's a lawyer detective and both games have an Interesting topic on legal systems and how odd they are.
It sounds fascinating! Thank you for the recommendation, Jacob.
I cannot imagine how much more exhausting my job would be if I also had to be a detective on top of being a lawyer!
It's made by sega, the same studio that made the Yakuza series, you gotta check it out, it's very fun. @@moon-channel
@@moon-channel Note that these are also Yakuza spinoffs, so they're A) goofy and B) really fantastic. (Less goofy than mainline RGG though.)
I'm convinced that Minecraft TH-camrs are just trying to stir up drama over nothing purely because of the views they get from it. Any change that Mojang / Microsoft makes is twisted into the most ingenuine translation possible, and then posted all over the internet as if it were complete fact. I CLEARLY recall people claiming that they were falsely perma-banned from Minecraft before the chat reporting update was even released!
Seeing this upload hit my recommended quite literally brought a smile to my face. A topic of conversation that I' invested in, covered by a channel who's videos and opinions I enjoy. Also, congrats on getting some sponsorships! Can't wait to see where this channel goes :)
This reminds me a lot of the controversy around the new D&D license a little while back. Both feel like cases where the community was used to things being very open, but then something happened that made the community notice just how terrible US IP law really is for anyone other than The Dreaded Mouse. Things are set up in such a way that you can’t just like, make some art and be decent about it, because that might endanger the cultural monopolies held by the people who hire our senators.
I think this is the true problem, IP law is pushing up the costs of everything as IP consolidation has become a business model in itself. The true intent of IP law was so creators can profit off their works while it was a new invention to encourage development, while now it is starting to stifle development as existing creations cannot be built upon without giving a cut to an existing player, especially with something as rapid as computing. You can see with places like china where they literally dgaf about IP they have been able to get a significant competitive advantage in the skilled space. I think it will ultimately come to a head with countries accepting that IP law has become too strict, or they revert backwards in living standards as their efficiency is destroyed.
@@checker297Then again, if intellectual property isn’t properly enforced in China, it might stifle development since it might make no sense for private party to go all in and innovate since they cannot reap in the benefits themselves. At the moment China’s staggering development is also a benefit of taking the computing innovations of the West with no repercussions. Will all development thereafter be state-demanded as competitors are unwilling to develope things that their competitors will get free access to regardless of how much resources they put into it? IP Law and its enforcement is also about securing and motivating innovation.
@@kungolaf4499 China is just different than the West. You cannot just start a business without the parties approval. If you suddenly become a political threat (ie stifling development) you get jailed and your company taken over. I mean you can see how gaming companies in china now require ID and have restrict how long kids are allowed to game for, even though it is totally against a gaming company to enforce the insane requirements that china has implemented recently, as reduced profit is better than no profit and jail.
Those are two very different situations. As Mooney said this EULA is just adding clarity where it was vague before. The D&D issues was a significant change to things that were specifically allowed prior around monetisation, against clear and specific promises that were made, and attempted to be retroactive. And the outcome was D&D having to permanently give up rights not out of a legal issue with their license but as the only way to tamp down the consumer backlash from having broken trust.
I would actually be very interested if Mooney did a follow up video on game license changes looking at that one.
Tbh yeah, basically every time there is a controversy it's because people see the effects of copyright/IP law and erroneously assume it's all the one company's fault. There are no good guys in regard to copyright/IP because the law is so bad it punishes anyone who tries to be open
Now, having watched the video, I must say that I really liked your legal explanation in depth.
I had already recieved that explanation that concern was overblown but hearing you put it together piece by piece made the Minecraft EULA by far the EULA I understood the most. Thank you!
Great video. It is always interesting to hear a knowledgeable breakdown of maters like this. Legal question in particular can be really hard to wrap your head around for those of us who don't deal with them often.
Every time you flash an image of Eula whenever you say the acronym, it made me giggle. Great video!
I bought my first copy of minecraft for just over $7. Later on I bought a second copy, for reasons, for about $12. It's wild that the price has just kept going up, but it makes some sense with it constantly gaining content on multiple platforms.
great video moony!!! I also purchased Minecraft in 2010 and sometimes miss the simple days, but what we have now is truly fantastic and I appreciate the reminder!
just a heads up, dunno if you have any type of power over this (I'd assume not, knowing youtube) but I got a prager u ad on this video 🤮
Hello Graybee! I am very sorry about the ads... I sadly have no control over which ads are shown, only when they are shown. The Trans video has run into similar problems with targeted ads, and it is all quite disturbing!
@@moon-channelI believe you do have control over these ads, but it's not a widely publicised feature and isn't in the creator studio. The youtube channel Council of Geeks has a tutorial on how to block ads from appearing on your videos from specific providers and services.
7:02 I'm here to start the Brazillian party
Oi to aqui pra festa
Estou aqui para isso também!
Foi um tanto inocente da parte dele acreditar que não faríamos uma festa de qualquer modo!
Eula being about vengeance makes a lot more sense now.
Man, this was such an easy watch/listen... I barely felt the 50+ min go by, and, despite watching this right before going to bed, i was easily able to follow all the legal stuff... Such a great video!
Nice to see yozo pop up around here, helping us understand some law!
Gonna get myself a "I survived an entire EULA reading and all I got was eas this lousy shirt" shirt.
Thanks. As someone who generally dislikes companies I get really annoyed when people spend there time complaining about innocuous stuff like this rather than real issues.
Yeah, Moon is a really good lawyer and an honest person.
Having just came from your Christian Video Games video (a newer video than this one, admittedly), I absently wondered if the end credits gag would be Moony Sings A Silly Song. I was delighted when we got a 'sibling' of High Silk Hat. I was FASCINATED to hear the story behind the original tune in the video description. And as always, the video itself was informative, easy to listen to & follow, and delivered with humor that seems both seamless and right at home.
Your videos always deliver and THEN some!
I thought I knew what "committed to the bit" meant, then I found a video where the topic is Minecraft continuously using Terraria music for almost its entire duration.
12:06 You know, I've often heard the rumor that you have to enforce your copyright or else your hold on it weakens but based on my own personal research, that's just trademark genericization, not copyright law and how Sega handles Sonic has always spat in the face of this, same with Capcom and Mega Man, at least until recently. Sega's handling of other IPs has been a bit iffy though and Capcom just declared war on PC mods (even though their new DRM doesn't appear to include anything to do with preventing mods).
This video was amazing! I worked at Mojang for 5 years. You hit the proverbial nail right on the head with this. Fantastic & correct information here! Bravo!!
Not to be an asshole or anything, but you worked there 3 years ago. I'm not sure I'd consider you an expert on current information.
@@Chameleonred5tell me you are a jerk without telling me you are jerk.
@@IAARPOTI Not trying to be a jerk, but good to know my tact needs work.
7:57
"This is an excuse to switch to Animal Crossing music before the Minecraft OST puts you all to sleep"
Sir, I'm watching this amazing video at 12:30 AM. How dare you call me out like this.
Despite the opening that I almost clicked off of, this is an excellent video. Few people can explain the situation so well and I appreciate learning about this chaos from someone who can cleanly explain why it's overblown (instead of from the panicked people who didn't do any basic reading).
An interesting topic for video would probably be the derivate works of Touhou Project and the guidelines for that.
Touhou started as a personal project of ZUN (pretty sure he never intended to publicly release the first game but people convinced him) and basically a doujinshi series, to the point that in PC98 games there's some content that I don't think was actually legally owned by ZUN lol.
Obviously there are some things you can't do, but ZUN basically gave people right to profit off Touhou fangames.
0:32 - Those were wonderful, not boring and are some of my favorite videos in TH-cam so far.
I absolutely love your channel, you offer such a unique style of video. You are able to talk about these complex legal topics that affect all of us in a way that just about everyone can understand and enjoy. There really aren't many channels that offer this kind of content, especially not in this genre. Having a real lawyer actually explain this stuff is genuinely so nice lol. I've seen so many Minecraft TH-camrs complain about this and say that it's the worst thing ever, and I genuinely did not know what to think. Just because I'm not a lawyer, and I know that they are not either. So having this explained and knowing that this is actually pretty much the same thing but with more clarity is very nice. I feel like every time I watch one of your videos I actually end up getting a little bit smarter, which isn't always the case for TH-cam videos lol. Keep up the fantastic work, looking forward to that eventual unity video. Lol
thank you for your service Moony! may this vid spread to all Minecrafters who are still panicking
Deserves to have more attention! Its hard to make long thoughtful content when a knee jerk reaction can get you so much more attention. Hope you keep up the good work!
Ey no worries for sounding a little off. I'm just grateful I get to watch Moon Channel while I'm sick. :)
44:10 - wrong snippet of the EULA shown? Seems like "You may not accept sponsorships for purposes of profit" would apply here, rather than the "logos or fonts" complaint that's covered in the next segment.
7:01 - BRAZIL MENTIONED! PARTY TIME!
I'm not a fan of current copyright laws or EULAs, and I've never played Minecraft, but I enjoyed the video for clarifying. There is a lot of misinformation about law in relation to video games, and it's fascinating to learn about from a lawyer's perspective.
How have you never played minecraft? Are you even real
@@mcbill7352 I am older than the demographic it was meant for.
@@mcbill7352 "never played" is not equal to "never heard about"
"Is this 'literally 1984', or is this just business as usual?" You say that like there's a distinction between those two options.
I honestly feel like every time Minecraft does something the community gets extremely angry about it. As for me, I used to be caught up in that but now I have chilled out and realised that overall, most of these people in Minecraft have simply grown out of the game and that is the reason why they are so angry, a lot of people simply just never played other games. Roblox is just way worst than Minecraft in every way when it comes to changes and rules stuff. The Tix update was not a horrible thing, it was a good thing. But other stuff that Roblox did honestly makes me scratch my head. I know both Minecraft and Roblox are now New games, but seeing fans cry over the fact that Roblox is changing 1 little thing about the layout or Minecraft players crying about how they still didn't add an another update or cry about how everything isn't the same shows that Roblox and Minecraft IS changing. And it's fine if you want to try again and try to do something with it or leave and try something new. Don't just wallow around and cry like a baby just because your favorite online games have suddenly gotten different.
Amazing video as always! :D It really is interesting to see how Minecraft's EULA changed over the years as it grew from just a one-person endeavor to one of the largest video games in the world owned by one of the largest companies in the world. I've had the "joy" of reading through Microsoft's terms and conditions documents from back in the early 2000s (for stuff like Windows XP and Microsoft Office), and the terms that they have in place now is definitely better, but Minecraft's new EULA really is a shining example among those when it comes to brevity, clarity, and approachability. More companies should take note, is my opinion!
Thanks as always for the quality content!
26:33 What's your problem with the GPL? I think the GPL is a very good choice for such a project as it can't be easily closed or be taken over by another enitity if the old one is taken over.
It's probably not legally valid to tell people you are licensing something under the GPL when in fact you don't even fully own that thing in the first place.
@@viliml2763You don't have to fully own something if the license something under is allows you to.
The EULA update may not have actually changed much beyond clarification of terms but that doesn't mean people have been OK with the EULA since 2015; rather it means that they're finally reading the contract that they agreed to back then. I read everything I'll be legally bound by and that is the primary reason I don't use social media; I refuse to be bound by the terms and conditions of these "necessary" aspects of modern convenience and I've even turned down job offers because they required me to download an app that I did not agree to the Terms and Conditions of.
Even if it's industry standard, that doesn't make it ethical or morally correct.
Need more of people reading contracts and declining them instead of feeling like they have no choice but to go along with it.
If you read any of the original EULAs, they lack a revision clause which is the instrument by which all the future versions of the EULA bind all customers after a certain date in 2011. I purchased in 2010. My EULA is still a valid legal instrument that Microsoft and Mojang pretend doesn't exist. It's that kind of dismissive behavior by these corporations which convinces me I should never give up the rights I was granted. I would rather have this EULA than migrate to a Microsoft account.
The sad thing about Bukkit not being a thing back in the day is that the vanilla Minecraft server you could download was just so downright bare bones and the tools bukkit/spigot/cauldron brought with their plugins made almost just making a server sound like fun with everything working together.
Some parts of the EULA are against EU law. A EULA must be precisely described and not vaguely. Because some things are just vaguely described, it's not enforceable in the EU.
So if they try to enforce it with someone in the EU, it would be disputable at a court. Most of the time it is enough to say you will sent it to your lawyer. Companys know that they are with this in the wrong and then just dismiss the thinks against you. It's also because if it's get to a court they then must change the EULA. Just Scummy corporate businesses practices.
46:45 Not in the EU, there everyone must be informed about a Change in the EULA.
Are you really comparing Minecraft with the Children Exploiting, Crypto Gambling and Clickbait Game Roblox?
Is there any other game as similar to Minecraft as Roblox is?.
The changes to this EULA only make it less vague which is a good thing and only more “enforceable” in the EU. Not that it really matters, whether or not something is too vague is not up to us and is for the courts to decide and by making these changes Mojang is only more in the clear. Also it seems that you are making the fact that since this EULA is in some way against the law then it is also immoral in some way which is not the case. Law is only influenced by morality but it cant decide whether something is moral or not. Under the way the laws are right now Robin Hood stealing from the rich and giving to the poor would be illegal but whether or not it was immoral to do so would change depending on the circumstances of how and why he did it and by who was making that decision.
Also any action taken by Microsoft/Mojang can be disputed in court. Even if this was a real deal written contract it would still be able to be disputed. The point of the court is to decide whether or not a party is correct in disputing something. Now if you have a problem with the ability or lack there of for the common man to be able to dispute something in court or companies being greedy then I agree with you but that is not as much a problem with the EULA and more of a systemic problem that must be fixed in other ways than changing EULAs.
Also when it comes to informing users of EULA changes in the EU, nothing that Mojang says contradicts that, all it says is that they can change the EULA anytime that they like and that user must read the changes when they do that, which is not against the law, all they have to do is notify users of when this happens so that they can read it for themselves which is the same in the US and the EU
By comparing Minecraft to roblox we can see how they are similar, like their intended audience and age ratings, as well as how they are different, like how roblox is much more child exploiting game than Minecraft. By writing that last part of your comment you are comparing the two games yourself by insinuating that Minecraft is not an exploiting game. Really all that you don't seem to like is that the comparisons made in this video led to conclusions that you don't like which seems to be that Minecraft is not as bad as you may think.
I can't speak for Moon, but I think the overlook of the EU guidelines around 47:00 might be accidental but doesn't change anything else of the previous points of what's been clarified and reworded.
I think you might be mistaken on the Roblox comparison though. at 49:32 the point is to compare the user agreement between Minecraft and that with Roblox and see the difference.
that part doesn't last long though as the differences are pretty night and day for two different games that both target and market to younger audiences.
I, for one, would have liked it if you had opened the video with an Italian New Yorker accent whilst playing the Spiderman 2 Pizza Delivery music in the background.
New Moon Channel LET'S GOOOO!
*BRASIL GANG UNITE!!*
Another great video, Moonie! You clearly and lightheartedly share your perspective on complex subjects that you wouldn't see elsewhere. With each video you've managed to increase the quality even more. Keep up the excellent work!
I appreciate the thorough explanation on each of the terms of the EULA, and I agree with a lot of the points. It's good - and very natural - to want to protect oneself. Having read through quite a few EULAs as well, I also find it cool to respect the end user's time by making it possible to understand - easily and concisely.
It was interesting to learn how unreasonably long Roblox's EULA had gotten and to see a comparison. I come from a background where those in power have fallen well short of standards in similar ways, or have often actually overstepped and then didn't do anything to remedy it (knowingly false bans, outright abusive behavior beyond that, unresponsiveness, etc.).
I'll spare the details on that here, although I did find myself curious about a deeper look at Minecraft's online code of conduct (on servers, such as the chat or in-game actions) and enforcement (including account-wide). Given Minecraft's good handling of the EULA writing (and user content), I wonder what they actually do about the code of conduct part as well, and if there are any good case studies, statistics, or otherwise.
In any case, thank you for making the video!
(Also, Terraria music is a fun choice. ^.^ )
Great video, it clarify a lot of things that hopefully more peoples will see and hear about.
...Oh, and one more thing to add onto my list of things to trashtalking about Roblox with.
Amazing video! Thank you for this, makes me and loads of other people not misinformed about important things like this.
Yooo Mooney’s Minecraft letsplay ep 200005!! Been waiting years for quality content like this ❤
I now learned way more about EULA and contracts in general than I feel like I need to
... also I can't help but feel like this video was an excuse to use a ton of Eula clips from Genshin which I can agree, she is best girl
Whole issue can be boiled down to people having specific interpretation of the unclearity of previous EULA thereby find issue with the new one. People have fear with the clarity means more enforcement.
EULA in 2011 gained unilateral revision clause and retroactive enforcement clause. Recent introduction of "Community Standards" policy allows them to make executive decisions without updating EULA, and that creates a type of volatile uncertainty in adherence to EULA. Customers subject to this may find ethical issues with actions of Mojang, but once Mojang decides on a position the conformity is required.
The clarity in this case equals more uncertainty, fear, and anger with the CS policy. EULA revisions are more palatable than the CS policy.
Interpretation is always a prerogative where ambiguity exists. Pre 2011 EULA is still valid for customers in that class due to demarcation of changes as noted in first line.
you double and triple down on eula genshin so much it stays funny the whole way through. excellent running gag
This is an important video. Having a lawyer actually read, compare, and break down the EULA and give a determination of "it's basically the old one but more clear" is great to see. I remember watching a video or two talking and panicking about this, but now I see that the only real time to panic is if they actually start enforcing the EULA more and more.
Thank you for actually pointing out the old eula, definitely wish I'd think of checking it
just finished the video. i really enjoyed it! thanks for my daily eula, moony.
Interesting analysis. Keeps me wondering what the full implications of Steam's EULA are, especially when it comes to changing payment region and selling accounts. There are ginormous spaces of the internet dedicated to selling accounts and region-change services to Argentina to get games cheaper and some TH-camrs even advertizing VPNs specifically to change payment region for cheaper prices on sites, but I've yet to see a deep dive into the legal implications of this stuff.
I was very much there for the 2014 EULA change and I think it was immensly positive for the english-speaking community in the long term. Sure there were many servers that were forced to shut down including one I had played on for over 1000 hours, but dealing with the increasingly predatory montisisation practices was necessary. The server I played on was mostly children between 8 and 12. New subscription tiers were regularly introduced with more and more overpowered perks that children bullied each other into getting. I know several people who "borrowed" a parents card to sign up to a $100 a month subscription. The only problem is that many smaller languages no longer managed to maintain a profitable minecraft server anymore after the change since the income per player generally went down by quite a lot.
Those kinds of moneygrabbing servers still exist and have existed after 2014.
Some were massively popular.
@@Baddaby dont p2w servers like hypixel and stuff exist still?
@@nightmarerex2035 I believe so, yes
Playing on a pay 2 win server is entirely your choice. The premise that you don't like them therefore they should be banned is not only inconsiderate of people who do like them, but for early adopters their EULA permits them to do it. I've never had an interest to play on one, and there have been ample servers without that model for me to enjoy.
This would be like the government trying to impose gambling laws against Magic the Gathering or Pokemon collectible card games because it produces a market based on paying for an advantage IN A GAME YOU VOLUNTARILY CHOOSE TO PURCHASE AND PLAY.
I didn't think such a long video about an EULA whould be this interesting,incredibly well pace quality video
“The worst audiobook for jogging”? I disagree, I’ve got anecdotal evidence to the contrary: I often run to your videos!
Hello Moony! I really like your videos diving into legal tangles and the public's understanding of them versus the thinking behind them. This one is no exception.
I do have a question about games not directly related to this video, one of the content creators I follow is someone passionate about the fact that, especially in recent years, video games are created to be paid for, and eventually shut down, even things that are (Or could be) played as single player experiences. Effectively taking away from the customer the thing they paid for with no recourse to play the game, not just in multiplayer, but at all.
I have a feeling that this is covered by the EULA in most cases, however, I'm curious if there's any interesting legal ground there that could be expanded on?
Regardless of if you read/respond to this, thank you for the video, and I hope your cold has subsided quietly.
the terraria music playing while discussing minecraft tickles my brain
Great video. Disagree on the spoiled part though. Intellectual copyright law is fucked and should not be the way it is and we should all have more rights than the Minecraft EULA gives, let alone the Roblox EULA
Hey Moonie, dumb question. Who owns fan art? The artist who made it? The IP owner? Is fan art legal, and what's the legality of commissioning or selling it?
Think i can answer, but i could be wrong
The artist owns the fan art, but the ip owner owns what the fan art is about
Fan art is legal as long as you do not publish the art, publish in the legal sense meaning putting it anywhere where it could be seen by anyone, the internet for example
Commissions and selling fan art is illegal
it really depends on the IP from my understanding of it.
It seems that the same conclusion from this video fits with most fanworks though. Companies use copyright law to the fullest extent when fanworks becomes too big to let slide.
Like Nintendo isn't going to go after a DeviantArt artist for making a sexy Mario, but they will go after the DeviantArt website if the site shows the picture of the spicy plumber as part of a marketing push.
Great video breaking down the Eula! Might be a little left field but the comparison at the end reminded me of it. Any chance you'd be interested in talking more about Roblox in the future? Your deep dive style, I think could really do justice to the rabbithole of a topic that is Roblox's corrupt business practices.
Incredible that you can actually make an entertaining video about a bloody EULA
Looks like we got another Moon Channel banger!