YouTube Personality TotalBiscuit Claims ' Day One: Garry's Incident' Dev Made Copyright Claim Against Critical Video

October 21, 2013 - GamePolitics Staff

Update 2: A full explanation/apology from Wild Games can be read at Kotaku.

Update 1: Kotaku reports that Wild Games has decided to withdraw its YouTube copyright complaint. A statement from Wild Games:

"..after seeing all the negative impact today we decided to withdraw our complaint to YouTube."

YouTube personality Nerd³ Plays also weighs in on the situation…

Original Story: YouTube personality TotalBiscuit has taken to YouTube to express his dissatisfaction with the makers of Day One: Garry's Incident. After failing to raise funds on Kickstarter to further develop the game, studio Wild Games Studio found success on Steam Greenlight, where it caught the attention of TotalBiscuit. He asked the company for a code so he could critique it the way he critiques other games on his channel.

He claims that they gave him permission and he made a video which was less-than-flattering to the game. This apparently made the develops upset enough to file a copyright infringement claim with YouTube, who subsequently took down TotalBiscuit's episode featuring the game. Now he is pretty upset and has taken to YouTube to spend 14 minutes explaining why what Wild Games Studio did is tantamount to suppressing free speech and generally an underhanded tactic.

His new video does a great job of laying out why YouTube should have never pulled the video in the first place, and why Wild Games Studio has proven that it can't handle criticism. He also notes that the company gave blanket permission to the community at large saying that they could make videos using footage from the game and express permission to him in a series of emails.

The video speaks for itself, and it should concern Wild Games Studio that it has 974,757 views as of this writing. It's likely going to draw even more attention to the fact that (in TotalBiscuit's opinion) the game is a horrible mess.. You can watch the video to your left.

Thanks to iSay OldChap for the tip.


Re: YouTube Personality TotalBiscuit Claims ' Day One: ...

The video is fortunately back up on Youtube.


Watched it, oh damn, you can see why they tried to silence it.

Re: YouTube Personality TotalBiscuit Claims ' Day One: ...

I'm glad this is getting so much attention. I mean on top of this behavior, they've clearly paid people to give their awful game some 10/10 reviews on metacritic.

Re: YouTube Personality TotalBiscuit Claims ' Day One: ...

Worse over, many of them appear to be direct copy/paste moves... Not exactly sneaky about it at all!


Re: YouTube Personality TotalBiscuit Claims ' Day One: ...

Nerd3 posted a video as well over this incident, he brought up some interesting points, including one where apparently the developer's CEO put forward 10k at the start of the kickstarter campaign.

╔╦═╣Signature Statement╠═╦╗

If you don't like something I said in a post, don't just hit the dislike, let me know your thoughts! I'm interested in knowing everyone's opinions, even when they don't mesh with my own.

Re: YouTube Personality TotalBiscuit Claims ' Day One: ...

Although I completely agree that it's despicable behavior by Wild Games Studio, you guys should know better than to refer to a private party's action as suppression of free speech; there's no private guaranty of free speech, even in the U.S., and you guys know that. 

Re: YouTube Personality TotalBiscuit Claims ' Day One: ...

They are silencing an opinion they don't like.  That is suppression of free speech.  Just because the government isn't the one instigating it doesn't make it acceptable.  The first amendment is not the be-all end-all of what free speech can/ought to be.  I can (and do) believe that any attempt, by anybody, to remove someone else's expression from public discourse is reprehensible and should be fought back against.  I believe that if you don't like what someone else is saying, then by all means add your voice to the discussion and explain why.  But don't try to remove their voice.  That's cowardly and despicable.

Re: YouTube Personality TotalBiscuit Claims ' Day One: ...

YouTube and sites like it do a good job of seeming like a public discussion place.  But you would do well to remember that they are privately owned.  If I walk into an Apple store and loudly tell people that apple sucks, I won't expect to be able to stay in their store for long.  This obviously isnt the same situation but its just for illustration.

Re: YouTube Personality TotalBiscuit Claims ' Day One: ...

Zachary beat me to it, but it's also worth mentioning that commentary and criticism (including revenue-based) are explicitly protected as speech under the fair use doctrine, which is an exception to copyright law, which is in and of itself a government-issued intellectual monopoly. This is speech specifically deemed as appropriate by the government and codified by the Supreme Court, unless Wild Games Studio wants to deate the validity of fair use. It's what makes their actions even more egregious.

Re: YouTube Personality TotalBiscuit Claims ' Day One: ...

The process used to suppress the speech was created by the government. If the DMCA didn't exist, or at least not in its current form, then this video would have never been suppressed. So I think that qualifies as suppression.

I should add, "suppression of free speech" is not something that only the government can do. IF I go to your house and threaten you in order to shut you up about something, I am suppressing your free speech. Just because I am an individual doesn't change anything. You have been silenced.

But It would not be a First Amendment violation because I am not the government. That is the difference. I could still be held criminally liable for my actions, but you could not sue me for first amendment violations.

Re: YouTube Personality TotalBiscuit Claims ' Day One: ...

Usually when I say "these people should never be allowed to work in the industry again", it's an exaggeration. Not this time. Behavior like this should put this entire studio on the industry blacklist.

---You are likely to be eaten by a Grue.

Re: YouTube Personality TotalBiscuit Claims ' Day One: ...

From an update at Kotaku:

"after seeing all the negative impact today we decided to withdraw our complaint to YouTube."

Gee, a notpology, "we're sorry we got caught doing this". Why doesn't that surprise me?

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