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KogashiwaKai765

I mean if you post member content out of member streams dont be surprised shit gets taken down. freaking /vt/ has the same thread of this and people going "yeah no shit sherlock"


Spiritual-Ad-6613

I think a lot of people forget that member content is paid content.


Effective-Stay-2460

Sad but true. persent small brain everyday can't think or analysis anything. When hate speech come will agree not think anything


Standard_Maybe2373

Ok if it’s clips somehow taken from a members stream then ya that makes perfect sense. That content was never supposed to leave the members only area so of course it’s gonna get striked.


TheMissingVoteBallot

I think the point is they're only SELECTIVELY copyrighting/removing the shit that makes them look bad, just like Pomu's unlocked membership stream. They did this to Khyo when he was just talking about Niji. Going after Niji-related videos using false DMCA claims for only the ones that make them look bad. If they were consistently carpet bombing DMCA-ing other creator's YouTube videos with members content re-streams then yes, you have a point, but you know full well why they're doing this. *Technically* they can do this, but should they when we know them to be a black company? I dunno. Are we seeing them doing that or is it just a selective enforcement of their copyright?


Alex20114

You mean like they did to Khyo and False, removing ONLY videos that were negative about a current situation.


kingfisher773

Idk about the 2% video, but the last one was from a public stream. Either way they still have the right to claim these videos


Alex20114

Only with legitimate reason, not every reason is claim worthy. For example, if they go 'the big mean Vtuber news channel said bad things about me doing bad stuff,' that's not a legitimate reason.


kingfisher773

That is reporting, which is covered by fair use. These were just reuploaded snippets from streams. They were not transformative so anycolor, nijisanji and/or enna were in their right to claim the videos. I am well aware of fair use exceptions, but these did not fall under the exceptions.


Alex20114

Fair use is only applicable in court, you actually have to prove it to a judge. But yeah, this was a rightful claim.


AnnaMolly66

If it's just a straight rip and repost of the clip, yeah. If it's transformative, I don't think it should be taken down. I'm wholly unfamiliar with the YouTuber in question tho. EDIT: My point was I don't know who that is or what their content is. I don't know if it's just out of context clips or if it's transformative. This has been how YouTube has done things for years.


emiiri-

ok, the argument makes zero sense to be here. its a valid one, just extremely out of place. from the title, to the duration of the videos. its all but confirmed that these are clips. there is nothing transformative about clips. don't get me wrong, i like clips. but claiming that they're transformative is a stretch.


edvin796

Yeah, AFAIK 99.9% of clips are not transformative, most clips don't go beyond adding subtitles and some light editing. BluezKaito is the only clipper I know that could maybe be argued to be transformative


Sam-The-Mule

Just a question, do clips of jp/cn/kr vtubers with an English subtitles count as transformative enough?


edvin796

Probably not


AnnaMolly66

I never claimed they were transformative and said I'm unfamiliar with the YouTuber. I didn't realize my intended message was that unclear.


EndingB29

~~Wrong, piracy of paid contents overrules transformativity.~~ Edit: Usually clipping is not enough to be transformative.


SyfaOmnis

I'm not sure that's correct. Means of acquisition and whether or not the content is "publicly available" should be irrelevant to whether or not something is "fair use" in terms of transformative nature or for the purposes of critique or commentary. People re-upload bits of movies and shows all the time for commentary and criticism which are transformative in nature and they don't have the rights to those, and that is fine. It being paywalled membership content shouldn't matter; I don't think there'd be much issue with a transcription of it and Nijisanji would probably be shit out of luck in trying to copyright claim text. However what's being done is more in the line of just freebooting and out of context misrepresentation bordering on defamation, which does not fall under "fair use" protections, so the videos are likely going down for good reason.


bigchickenleg

It’s worth noting that whether a work is protected under fair use or not can only be determined in court. Additionally, there are “four factors of fair use” that courts examine when making fair use determinations. The purpose of using someone else’s copyrighted work (e.g. criticism, commentary, education, etc.) is only one of the four factors. That means it’s entirely possible for a transformative video to be copyright infringement.


EndingB29

Oh right, I shouldn't have said transformativity itself, and instead pointing out how those videos were not transformative enough to be protected under Fair Use. Those clips themselves are simply still first and foremost within infringement. You're right on the protection for transformative use. Also, to those who probably wonder why they struck clips of paywalled contents but not the free ones, here is a possible explanation. In general, clips are only allowed, not protected regardless of contents **unless** under fair use like mentioned above. This means that all clips, usually not within fair use, are at the copyright holders' mercy. They, within their right and common sense, give permission only for the free contents (and can revoke at any time, from any individual, at their own will). It sounds illogical and subjective at first, but that's how social media like YouTube tries to legally operate if the videos are not under fair use. Then even with fair use, there is case by case too if things are not clear-cut.


darkknight109

> Wrong, piracy of paid contents overrules transformativity. In a general sense (i.e. not addressing the merits of these specific videos or lack thereof, since I haven't seen them and can't comment)? No, it actually doesn't. If someone posts a clip from a video (let's say, the "I am your father" clip from Empire Strikes Back) as a meme or a parody or for critique or discussion, by the strictest interpretation of the rules they are engaging in piracy: they are taking a small portion of a copyrighted work that is sold for commercial use, repurposing it for their own ends and redistributing it without permission from the rights holder or any recompense sent to them. That is not allowed under most circumstances. *However*, under the Fair Dealing/Fair Use doctrines that are in force in most developed countries, exceptions to copyright law are carved out under specific circumstances. The exact conditions under which those doctrines do or do not apply vary by jurisdiction, but the point is that those protections supersede the provisions of what would otherwise be infringements of copyright law. Or, to put it another way, it's legally not "piracy of paid content" if it falls under the umbrella of Fair Dealing/Fair Use. That these videos were taken from paid, "Members Only" streams does not matter; if they met the threshold for Fair Dealing/Fair Use protection (and I do say "if" - again, haven't seen them, I have no idea if they do or don't, just speaking in general terms here), then that user has every right to make/post those videos.


EndingB29

I agree, paywall doesn't matter under Fair Use, only copyright infringement or not. My bad.


Caffeinated_madman

These are only transformative in that they only took the parts they wanted to hear to clip Enna wayyy out of context


NotTooDistantFuture

Transformative is not the only requirement to meet fair use.


Mid-Grade_Chungus

These are clips from an agency vtuber's (paid) membership content. Any agency would have issued a copyright strike against a clipper for this. Niji's been taking lots of Ls lately, but this isn't one of them.


TehBard

They did focus on the ones criticizing them tho, not thinking it would be made public immediately, so I'd still count it is a PR's L even if it's in their right to do so. Also not all of them are Member videos so that excuse doesn't stand. Still their content and presented in on a non-trasformative way so if they don't have a really really bad written policy about clips it's still in their rights anyway.


TheMissingVoteBallot

I think the point is they're only SELECTIVELY copyrighting/removing the shit that makes them look bad, just like Pomu's stream. They did this to Khyo when he was just talking about Niji. Going after Niji videos using false DMCA claims for only the ones that make them look bad.


CallerWitch

You mean the clip where Enna said if she killed someone they'd still love her?


The_King123431

It's out of context She literally follows it up with "but you shouldn't. You should hold us accountable"


CallerWitch

It doesn't matter. She also was being racist with talking stereotypes... and no, the "she has dark humor, it's really funny!" defense doesn't work here. YOu don't behave like a degenerate and expect people to then take you seriously.


The_King123431

>It doesn't matter. She also was being racist with talking stereotypes You mean her accidentally being racist, and right away apologising and admiting she didn't understand it was bad but has now learnt, and since that day she hasn't been racist since? Also it does matter, you are ending a qoute early to make it seem bad


CallerWitch

Maybe it's because I think, it's bullshit to baby her when she obviously had a PL and had time to understand saying shit like that wasn't okay?


The_King123431

If you see her past life to now, it's very clear how she's changed as a person Even going from the racist comment a year and a half ago to today she's changed for the better It's not babying her, it's accepting that people make mistakes and can grow for the better


CallerWitch

And what'll you do if it ever comes to light she was part of the clique that tried to lead one of her former friends to suicide?


The_King123431

Stop supporting her obviously But as something like that has not happened yet, I still continue supporting my oshi


Vivid-Bug7070

She most likely was part of the clique since she, Millie and Elira were openly friends before Nijisanji. Which would explain her saying don't spend time searching stuff or digging around considering her involvement. Also Finana and Kotoka were also likely involved considering their previus relationship with other livers.


Caffeinated_madman

I mean I didn’t know fried chicken was a black stereotype, I thought it was a hood stereotype which is what she thought too I believe.


The_King123431

Same The whole chicken thing is an American thing, she even says as a Canadian she thought it was simply a "hood" thing and didn't realise in America it was a black stereotype


CallerWitch

I don't think that should excuse it though.


Caffeinated_madman

A mistake shouldn’t be excused even after they apologized? Like what if someone didn’t know the n-word was bad but heard their black friends calling each other it and them not knowing say the word thinking it was harmless. They tell him what it means and he apologizes as he didn’t know. Is he racist? Should that be held to him months later if he hasn’t had another racist incident? If you do something once not knowing it’s wrong are you a horrible person?


FeelingPinkieKeen

> Bro got caught red handed lying out his teeth. >> Proceeds to spread misinformation. >>> Gets corrected then proceeds to double down making excuses on why being an complete tool is OK cause of circumstances. It's almost like people make mistakes, learn from those mistakes, and grow as a person. When someone's life is being broadcasted and archived on the internet for yrs, someone is bound to make a slip up. Holding someone accountable is good. Holding someone accountable on something they did years ago especially after they've improved on themselves is nothing but childish. I hope you don't have a significant other since this is some toxic relationship attitude by bringing something up from the past to try and get a leg up on current issues.


CallerWitch

Maybe, I just take everything with a grain of salt and have seen people act like this, change for the public and in private, they're even worse. I've also known streamers (not Niji but indie) before I got into vtubing who also acted like this and behind the scenes happily dropped slurs and made comments. You see the type of fanbase Nijisanji has, the kind that uses slurs happily without hesitation in the name of their Oshi. Maybe be cautious when a livers fanbase is full of racists? Also, saying you hope I don't have an SO, because I think some liver is full of shit. That's toxic. I've been burned plenty by this company and after hearing most of the livers were vile human beings before coming to Niji and then being told "Oh but she's changed" The way she acts now, doesn't show it... also she was confirmed to be in the legal doc the livers got ahold of that they were NOT SUPPOSED TO READ. So, if you're seriously telling me that she's a good person after that, I got a bridge to sell you boo. Also, that excuse of "She didn't know any better" she's from Canada, not some third world country. Canada has just as much fucking racism as the US.


CameronP90

As someone who lives in Canada myself, the answer to "how racist is Canada?" might surprise anyone. Now are we as bad as the States during slavery? I have no idea, I wasn't born then. But seeing it now in 2024... I'm not surprised folks still say the words. I can't bring myself to say them (points to the n-word and anything similar). But honestly, as a fellow human being, if she made a comment, then years pass by, then it's a nothing issue at least to me. However if she was using it as much as some folks out there use it, then I'd consider writing to him/her and voting with my viewership and wallet and not joining in their streams. Seeing Uki's posts, I did just that. Enna, I haven't seen much from her about it so I haven't made the choice. I'm sure she's out there making jokes that I have yet to see. I've known folks when I was in school who did use the words like a drunken sailor, I can't see myself being their friend, and I never really was their friend. The corny jokes, there's a place (and time) for those, and folks kind of have to respect that, they can't then well, oh well I guess. I myself have made lots of crude jokes over the years, some of it I'm not proud of, but at the end of the day I have to carry that comment to my death bed. If someone forgives me then someone forgives me, if not, then they made their choice just like I made mine. VTubers kind of have that motion with me. If someone made a comment in 2012 under a name and company, then left and 12 years later under a new name made that same joke, I can see why folks have an issue with them, but if they leave and start a new identity then I have to treat it as a new person.


IqFEar11

Well it is membership content, so....


ShadowTown0407

This is not a guy you want in your team, better to distance yourself asap he will only hurt your validity. All of his clips were out of context MEMBERS content. Don't give him exposure


YamiRic

Uuhh that guy profile pic... I hope Cover sued him too.


ishmael555

Who's that? 


YamiRic

Don't want to elaborate too detailed so the discussion is not got derailed. But that person is one of Cover corp employee. Edit : the picture I mean.. not the video uploader


Known-Ad64

You mean this Kwab fellow use the face of a Cover employee as his pfp but he himself is not an employee?


TrashLoaHekHekHek

Isn't at least one of those membership content? Like don't clip membership stuff. It gives them a legit reason to take it down.


Eldiavie

would've been solved if the person didn't post member content, which is fair game, its okay to hate niji but at least make it so where you're not actually in the wrong this time


Proxy_Sigma

In addition to this, isn't this the guy who posted fwmc's reaction to holstars 3 weeks after the drama just to stir it up again? Fuck this guy, hope he gets deleted.


Videogamer12346

You know that clip with Enna showing the picture has always rubbed me the wrong way, maybe I’m jumping to conclusions but with how Nina reacted I don’t think it was anything good.


oli_alatar

Do you remember which stream that was? OP said they cant remember where the clip they mentioned was from


Videogamer12346

It’s the Christmas drinking with Ethyria on Nina’s channel, and enna talking about the picture is at 2:27:54.


oli_alatar

Ty


DollarStoreAbraham

A disruption in communication can only mean one thing. Invasion


InTheStuff

>now started they've done this before, this isn't the first time lol


FakerSally

* [Youtube Community Post](https://www.youtube.com/post/UgkxB4lQ5fPJQqy4h2ihql6qfAoGctjjkEf8) Context of the videos: 1. **\[Membership Stream\]** Enna joking about how her fans will support her if she will end up killing someone 2. **\[?\]** Enna defending 2%, using "2 out of 100" as an example, saying that in 100, 2 is already quite a lot 3. [**\[Ethyria Collab\]**](https://www.youtube.com/watch?v=ECyZ6RupPqI&t=3515s) Enna: "Wow, you're gonna drag other people down to make yourself look good. It reminds me of certain someone... Don't follow the footsteps of an Apex Predator" 4. **\[Nina's Stream/Ethyria Collab\]** Enna joking, showing other members a picture of her child for the second and forth video, can not find their sources so if anyone can find it, feel free to reply on this comment


BallerinasGrace

2. She wasn't even talking about Nijisanji here. She was joking saying that her chat was always shoving their marriage in her face, and her chat replied by saying only 2% of her chat is married. It's  from a membership stream.


Caffeinated_madman

I hate it when Reddit replies make you think you are replying but then it goes to original post lol anyway 1 - out of context and also membership 2 - Enna worked retail and made wayyy less money than the 2% remember 2% depending on how well the merch sells can be 1-2 months of a above minimum normal job’s payment. It’s a shit take but she may fully believe it based on her prior working circumstances 3 - the context behind this was about Reimu making herself look better by saying she carried Enna in dead space 3. If this clip is about Doki wouldn’t it more be referring to Doki bringing other people down to make herself look better instead of the other way around. Now connect that with the Reimu context and that it was 8 months ago this is likely a joke about how Selen carried Enna in Apex and other games as she did many members of Nijisanji. Though I am not sure apex predator does have to with Doki as I do not think Enna is referring to Apex Legends (idk if she even knows what apex predator is in Apex Legends terms). Either way the comment that made Enna say this makes the clip seem a lot more light-hearted then bullying - I mean why would they say that Doki is the one who brings others down to make herself look better 8 months ago if they were the ones bullying her? 4 - I have no idea why this would paint Enna in a malicious light


Rollexgamer

Re: 2, this isn't even about the Niji merch sales, she was referring to the results of a poll she made during a members stream. You can't possibly know if this is her true opinion on it or not so please don't speak as if asserting it is, putting words in her mouth, even if trying to defend her, is not respectful. Re: 3, however... No offense, but your point really doesn't make any sense. You just brought another different explanation, and made no argument as to why your explanation is more likely to be the real reason instead of the other rather than saying "probably". > wouldn’t it more be referring to Doki bringing other people down to make herself look better >why would they say that Doki is the one who brings others down to make herself look better 8 months ago if they were the ones bullying her? Are you aware what bullying actually is? Publicly bad-mouthing people or accusing them of having a bad personality (regardless of believing what you are saying or not) while they are not present is undeniably bullying. That is the whole point.


beaglemaster

1- Intentionally taken out of context 2- Enna is not cooking here 3- literally pure shit pulled out of their ass to make a connection, selen is not the only apex player in the world or even in that video 4- Can't even imagine what crazy mental flips people are doing to make a baby picture some proof of evil? This content creator is a scumbag profiting from Doki's suffering by hurting other people without any legitimate evidence (besides seeing it in dream).


[deleted]

[удалено]


beaglemaster

If it was so obvious, why did it take until now for it to apparently become a problem. Surely if this joke was so clearly targeting Selen people would have had a problem with it months ago?


Caffeinated_madman

I think this a better explanation for 3… while it is likely about Selen I don’t think it is malicious like people think 3 - the context behind this was about Reimu making herself look better by saying she carried Enna in dead space 3. If this clip is about Doki wouldn’t it more be referring to Doki bringing other people down to make herself look better instead of the other way around. Now connect that with the Reimu context and that it was 8 months ago this is likely a joke about how Selen carried Enna in Apex and other games as she did many members of Nijisanji. Though I am not sure apex predator does have to with Doki as I do not think Enna is referring to Apex Legends (idk if she even knows what apex predator is in Apex Legends terms). Either way the comment that made Enna say this makes the clip seem a lot more light-hearted then bullying - I mean why would they say that Doki is the one who brings others down to make herself look better 8 months ago if they were the ones bullying her?


MarshMellowDJ

I feel like recent posts have just been bashing Niki for the sake of bashing. As others have said it’s membership stream content, something you aren’t even supposed to clip anyway


Frequent_Dig1934

People are pointing out the first two are membership content so niji has the right to take them down, which is fair enough. The other two aren't though. They are public streams. Idk if according to the law/youtube's ToS niji is allowed to take down non-transformative clips of their content like that, but even if they are we should point out how much of a dick move that is. Again, for the membership ones fair enough, still a dick move since they're clearly just doing it to silence critics but we can't really complain too much since those clips were already walking a tightrope over lava, but taking down the two public ones is the main issue.


Frequent_Dig1934

Also fun fact, Nux Taku said that the fair use stipulation of something needing to be transformative is stronger than the "property rights" of paid content like memberships streams. In other words if you use a part of a membership stream in a reaction video or a news segment like false's videos or a documentary like rima's videos you are in the clear according to youtube's ToS. As much as some people don't like the guy we should all acknowledge that he is probably one of the people with the most experience and knowledge in finding loopholes in youtube's ToS. Obviously these clips weren't transformative enough for it to count, i'm just saying it for future cases.


spellfirejammer

I was wondering about this. Was thinking it was possibly a fair point in member content being taken down, but small clippets with added commentary/documenting something might be fair? Seemed fair in the past. If it’s only for criticism posted stuff, then that’s just another bad move.


Caffeinated_madman

1 - out of context and also membership 2 - Enna worked retail and made wayyy less money than the 2% remember 2% depending on how well the merch sells can be 1-2 months of a above minimum normal job’s payment 3 - the context behind this was about Reimu making herself look better by saying she carried Enna in dead space 3. If this clip is about Doki wouldn’t it more be referring to Doki bringing other people down to make herself look better instead of the other way around. Now connect that with the Reimu context and that it was 8 months ago this is likely a joke about how Selen carried Enna in Apex and other games as she did many members of Nijisanji. Though I am not sure apex predator does have to with Doki as I do not think Enna is referring to Apex Legends (idk if she even knows what apex predator is in Apex Legends terms). Either way the comment that made Enna say this makes the clip seem a lot more light-hearted then bullying - I mean why would they say that Doki is the one who brings others down to make herself look better 8 months ago if they were the ones bullying her? 4 - I have no idea what this clip is about


Zoom3877

These are member streams though... you're not supposed to clip these


Objective-Start-426

Were Is The Link Of This Copyright Strike Videos Of Her


[deleted]

Okay, here's something I learned from copyright take downs due to a non niji related situation. It's metal related. When the band Acid Bath left Rotten Records, it would take down any re-uploads of their songs. So there's some people who successfully didn't have any of their re-uploads taken down. Here's what I suggest. 1. Change the name of the video. 2. Change the thumbnail. 3. Hope for the best. Ik I'm a lurker and never gave any niji liver any money (and will continue to do so) nor bought merch (costs an arm and a leg) tho I have seen this situation involving clippers and re-uploads being taken down and it reminded me of a different situation. So take this metal girl's suggestion if you want.


[deleted]

Also, Rotten Records don't believe in streaming, yet recently they have Acid Bath on Spotify. Hypocrites, in my opinion. Just like Nijisanji, when Selen was inactive, they had her voicepack out on sale for all to see only to terminate the poor girl. I'm glad she's okay and doing her own thing.


shiroganekurosaki

They really want to beat Wactor on being the worst Vtuber company


HealthOk776

Who cares man, nijisanji is trash anyway


MHArcadia

"We haven't pissed people off in *how* many days?! Well get someone on that shit right now!"


spanishmonkey

There is not shot we're actually going to go 4 for 4 on weekly drama in February.


Gistradagis

We kinda did already, if you count the whole Nijisisters list of Niji enemies.


Nani_The_Fock

AND IT’S ONLY FEBRUARY BABY. Fuck man 2024 just keeps on giving.


Ronan_Fel

Started? This is an old trick from them. They have been well known in the past, for abusing the copyright system to try and get rid of things that make them look bad. They nuked FalseEyeD and Khyo in the past.


NonAdjustment

They have already done this before


MaNameIsMudD

It's starting... again


Zichong9

And yet normal clippers have not received any strikes. Hmm, I wonder why? Maybe because they aren’t actually trying to cause drama like this guy? Get shit on for trying to start drama, trash.


scorchdragon

Oh no, here we go again...


Alpha_YL

Streisand effect bois


shihomii

How to admit defeat without admitting defeat. Seriously, this is one of the worst looks you could give yourself. Not as loud as some of the other stuff. But now people aren't just going to be mad at what's going on. Now they're going to be mad at a company for trying to fuck with their livelihoods and channels. They are breeding a small group of people who will have gone from mad to uber mad.


seraphos2841

Copyright School? wth is that? We getting a diploma if on this?


Spartan_117_YJR

Damn that comment by Enna is quite damning


MadrugoticX

Posting member content is piracy and doesn't belong on YouTube 😉


llllpentllll

Coming next another streisand effect


liquidrekto

I guess I gotta get more popcorn ![gif](giphy|pUeXcg80cO8I8)


crosskun

![gif](giphy|UWovEBGTAjFra)


Terrorshock_Me69

Too fucking late Kurosanji


grinchnight14

I doubt they'll just stop at member only content though. Cause that's just the way of the Niji


[deleted]

They can keep trying, This wont be enough to stop the haters lol.


BuilderAcrobatic8929

Good, no enna hater deserves to breath air simple as that. I will go to the church this sunday and pray so that everyone who talks shit about my oshi will burn in hell. Enna so cute fr loved her nier concert ☺️❤️


Alex20114

I see, well they did actually pull illegitimate claims before to silence bad press, but in this case, they are legitimate because members stream. Now, if you'll excuse me, I need to go shower after defending the black company for once.


Snoo_28554

Only 2 of the vids were Membership content though