why not? reads to me like it's a legal precedent saying you can't redeliver copyrighted content through your own technological means even if the customer can already legitimately access it other ways.
That would apply to Steam link then, no? Or any number of other game streaming sources out there. Kingdoms of Amalur isn't being rendered on my phone, must be a copyright violation.why not? reads to me like it's a legal precedent saying you can't rebroadcast copyrighted content through your own technological means even if the customer already has a license to access it other ways.
You're arguing this from a legalistic perspective of what "permission" you have. I'm arguing that the idea they should even need to ask permission is preposterous.
Should you have to pay publishers a nickel if you go to a friends house, log in to your Steam account, and install a game there? How about if you set up your own PC so it can be accessed remotely from somewhere else?
If your answer is (I hope) "no", then why does that change when Nvidia creates a service to rent you a remote PC terminal for $5 a month? What changes when Nvidia owns the PC hardware you're playing remotely on? Nvidia aren't taking a cut when you buy a game on Steam. They don't even have a storefront. They are renting you PC hardware to play PC games on.
That would apply to Steam link then, no? Or any number of other game streaming sources out there.
Oh yes they will have Xbox users use another streaming service. /sI don't see why they would be that. In that case MS must've put that into the license contract before streaming was even a thing. Publishers will act the same way and it'll be exactly the same scenario once xCloud is out of beta.
That would apply to Steam link then, no? Or any number of other game streaming sources out there.
Moonlight? Or whatever it's called.steam link is a function of steam, so all games sold on steam are bound by its conditions. which other commercial streaming services work like geforce now?
Like my phone, or tablet?Steamlink is usually a personal use object that you need to be connected to your own network to use.
Because that would require them to reverse engineer the Switch and because it would encourage Sony's customers to buy from a rival store lol. Nothing's stopping the PS4 from having Wii BC though outside of Dolphin's licensing conditions.So why doesn't Sony do it? I mean, Nvidia is doing it. It's free reign!
Reading through that link and its associated articles, I think GFN is far closer to Cablevision (which was ruled legal) than it is to Aereo. Important quote:i don't think they would win. look at aereo (a startup that redistributed free-to-air TV digitally by literally building warehouses with thousands of tiny individual antennas for each customer), which ultimately lost in the supreme court.
The argument against Aereo was that it would be legally in the clear if the content on the service was already purchased.Next the court heard from Malcolm Stewart, who represented the Obama administration. Stewart echoed the broadcasters' central argument, telling the justices that there is a "distinction between the company that provides content in the first instance [like Aereo] and the company that provides consumers with access to content that they already have [like Dropbox or Amazon Cloud Player]."
What would a "locker service" for games look like if not GFN? Technologically speaking, the only major difference is that Google Play Music requires the user to upload the copyrighted material themselves rather than remotely authenticating into whatever store the mp3s were bought from. Regardless, users didn't have to obtain a special streaming license for the music they already bought for the streaming services to be in the legal clear.In a landmark 2008 decision, the Second Circuit Appeals Court bought Cablevision's argument. Two factors were essential to the court's analysis. First, the user, not Cablevision, controlled which programs to record, and when. And second, the RS-DVR made a separate copy of a program for each user who recorded it. While this was technologically wasteful, it made the RS-DVR more similar to a conventional DVR, and helped the service stay within the confines of copyright law.
The Cablevision decision was important because it provided a solid legal foundation for online "locker services" that allow users to store and retrieve potentially copyrighted files online. For example, in 2011, both Amazon and Google introduced services that allowed users to store their music online and listen to it on any device. Prior to the Cablevision decision, there was some uncertainty about whether such a service infringed the copyrights of the recording industry. The Cablevision ruling made it clear that such services were legal so long as each user's files are stored separately and users control when files are uploaded and downloaded.
If I have a PC farm, and I offer a streaming service, you're saying it's a-ok for users to be charged to play gameswherever? If I have 1000 Nintendo Switches and offer a service for people to play wherever they want? What a simple view of legality you have.
Me so simple.
PCs and consoles are not the same thing. When it comes to consoles, the platform-owner has a DIRECT STAKE in the hardware, and releasing games to sell that hardware.
Steam doesn't have a direct stake in your PC hardware - it's just an application. Nor do any of the publishers on Steam (unlike Super Mario Odyssey, which is literally published by the console maker as a direct means to sell their hardware). No one in that chain is losing ANYTHING based on how you access Steam - whether it's at home, a computer at the public library, or a PC accessed via a datacenter. Steam still get their cut; the publishers/developers still get their cut.
Renting out console access via the cloud? Of course that has direct, obvious costs to those platform-holders. What is the cost to Steam or game publishers, when Nvidia gives you access to a PC via the cloud?
So again: What is the difference between Nvidia selling you access to a remote PC, versus Dell or HP just selling you a local one? You could argue it makes a difference to companies like Dell or HP, but they understand that PC hardware isn't a game platform, and a lawsuit would be laughed out of court - it's simply a means to access game platforms. And so is Geforce Now.
In the scenario where Nvidia was willing to go to court over this, they wouldn't have provided a means of opting out in the first place and the publishers would have to sue them, not the other way around.The reality is, if Nvidia had a legal leg to stand on, they would sue all the devs who pulled out of their service and rightfully win.
They don't.
What if the contracts they signed with Steam don't carry over to streaming their games through a 3rd party(hint, they don't)?
And what if these devs want to offer their own solution to allowing you to stream their game to any platform?
Ignore the streaming aspect of this. What's stopping Sony from doing this right now?Let's look at another analogy.
Let's say you own Super Mario Odyssey. Sony, in their infinite wisdom, make a streaming service that let you stream any game you own, given you have that proper account. Now let's say Sony let's you stream Mario Odyssey through their PS4, without needing to have a Nintendo Switch, per say. As long as you have an account and the digital license.
That's fair, right? Nintendo would be greedy to ask Sony to take it down and stop allowing their game to be streamed? After all, Sony isn't advertising the game. It's just a perk of their feature.
The point being, it's not as simple as 'Devs are being greedy over GeForce'. It's not as clean cut either.
This isn't a "third party" within Steam, so whatever deal they signed with Steam shouldn't even apply. Steam isn't violating anything, nor is the Steam user - the "third party" part of the transaction takes place before Steam has even been launched. Again: Steam is just an application. It doesn't care who owns the PC hardware it is running on., nor should it.
They can still do that? This is ultimately what it comes down to, as I already said earlier. Publishers abusing the expansive rights they claim when you "buy" a game, to reserve the ability to charge more money if you access their games in any way or form they don't like - even if it's still using the storefront you legally bought it on.
And as I said before - claiming these "rights" could well be technically legal, but if it is, it shouldn't be. It wouldn't be the first time legislation prioritized corporate power over actual people.
"It shouldn't be"
Yeah alot of things in life 'Shouldnt' be.'. And here we are.
You can argue 'Publishers/developers are being greedy!' But...Nvidia is another billionaire corporation. Are they exempt from being greedy?
I never said anything about greed. It's certainly about money, and doing whatever they can to assert any rights they think they can to ensure more money. I'd call it rent-seeking behaviour, not "greed".
I also don't care how much Nvidia is worth. I'd go further and say that in other corporate areas, Nvidia themselves are probably bad actors too. I just care about who is ethically right, and who is ethically wrong on this specific issue we are talking about.
So who is ethically right, who is ethically wrong
Do artists not deserve a right on how their art is used? (IE the devs of the Long Night pulling their game from GeForce)
Does a corporation deserve a right to whatever they see fit? (IE Nvidia using every game willy nilly for their own p2p service)
So tell me
Who do you think is in the right here?
or are game developers no longer artists of their craft?
Does a corporation deserve a right to whatever they see fit? (IE Nvidia using every game willy nilly for their own p2p service)
Maybe it's the netflix issue and there's a potential for people to share logins and slow others to essentially play for nothing
In part it really is a copyright issue. nVidia is distributing games without the developer's permission, and profiting from them without sharing the profits. It's also a licensing issue - these days there are separate licenses for physical, digital, and streaming. And not just from the publisher - a voice actor or composer can have different licenses for the use of their works for the different distribution types, for example. And I wouldn't be surprised if there are streaming exclusivity contracts that we don't know about.
Note, it's not just big publishers pulling their games, some indie developers have pulled their games as well, because of nVidia profiting from their content without thei4r permission.
"nVidia profiting from their content" when you say it like that it does sound bad. This whole situation is iffy.
Hobbes thanks for your input.
Nvidia is..
Distributing games without asking permission.
Streaming games which is probably not a way some developers want their game experienced.
Potentially creating issues for customers and developers due to how DRM and licencing works.
Potentially creating support issues for the developers as customers submit issues related to their experience streaming on Geforce Now.
And the big one. Nvidia are doing all this without paying a cent to a game dev.
Because technically they are selling access to your own library of games, and additionally, as I pointed out above, that most likely violates the agreement with Steam the dev might have, and EULA that you signed for both Steam AND for the game (if it has a specific one).
they're listing them in the storefront and republishing copyrighted material like art, etc. they're also taking a subscription fee for it.
Let's look at another analogy.
Let's say you own Super Mario Odyssey. Sony, in their infinite wisdom, make a streaming service that let you stream any game you own, given you have that proper account. Now let's say Sony let's you stream Mario Odyssey through their PS4, without needing to have a Nintendo Switch, per say. As long as you have an account and the digital license.
That's fair, right? Nintendo would be greedy to ask Sony to take it down and stop allowing their game to be streamed? After all, Sony isn't advertising the game. It's just a perk of their feature.
The point being, it's not as simple as 'Devs are being greedy over GeForce'. It's not as clean cut either.
i don't think they would win. look at aereo (that redistributed free-to-air TV digitally by literally building warehouses with thousands of tiny individual antennas for each customer), which ultimately lost in the supreme court.
So why doesn't Sony do it? I mean, Nvidia is doing it. It's free reign!
why not? reads to me like it's a legal precedent saying you can't redeliver copyrighted content through your own technological means even if the customer can already legitimately access it other ways.
Because that would require them to reverse engineer the Switch and because it would encourage Sony's customers to buy from a rival store lol. Nothing's stopping the PS4 from having Wii BC though outside of Dolphin's licensing conditions.
Reading through that link and its associated articles, I think GFN is far closer to Cablevision (which was ruled legal) than it is to Aereo. Important quote:
The argument against Aereo was that it would be legally in the clear if the content on the service was already purchased.
What would a "locker service" for games look like if not GFN? Technologically speaking, the only major difference is that Google Play Music requires the user to upload the copyrighted material themselves rather than remotely authenticating into whatever store the mp3s were bought from. Regardless, users didn't have to obtain a special streaming license for the music they already bought for the streaming services to be in the legal clear.
At the end of the day though, until there's an actual lawsuit, any legal argument is gonna be conjecture. I think it's more likely that a loss for Nvidia would find that QoL features (namely, the Steam caching layer) of the service are the offending parts rather than the idea of a renting specialized cloud computing instance with a Windows and a GPU.
The reality is, if Nvidia had a legal leg to stand on, they would sue all the devs who pulled out of their service and rightfully win.
They don't.
Ignore the streaming aspect of this. What's stopping Sony from doing this right now?
If GeForce Now offered access to an open PC, rather than limiting the service's use to user owned games, would we be having this conversation at all right now, or would we be discussing whether NVIDIA needs to negotiate with Microsoft for the right to stream a pc using their their operating system?
Why shouldn't it be expanded to all programs on any streamable device, whether it's a paid third party service or a personal computer? With GeForce Now, the content is legally purchased, and it's the pc they're charging for; why should there be a distinction between NVIDIA and a business's shared pc?
That's not true. Without those games, their service is nothing. If you go to GFN subreddit, most people are saying that if Nvidia doesn't fix the situation with the publishers, they will not renew their subscriptions. If what you are saying were true--that Nvidia isn't using games for profit--those games wouldn't matter, but that is not the case. Access to games is what makes people pay Nvidia, not some hardware in vacuum, so yes, Nvidia are indeed using someone else's property for commercial gain without the owner's consent, which is a very questionable thing to do.I kinda feel like we just went back to square one here. It's not a "p2p service". Nvidia aren't "using games". They are renting access to PC sessions that include access to launcher applications like Steam, so you can access your Steam library remotely. From there, you can install your games and play them in this remote PC session, just like if you remoted into a PC at your house and did the same. Nvidia charges a fee for this, because it's their hardware, not yours. The games themselves have nothing to do with the business transaction.
Speaking as a dev, it does concern me that services like this can potentially complicate the testing and bugs in a game. Geforce Now can introduce any number of strange behaviours to input or timing of a game, so any bad reviews or customer support headaches caused by this service can put a drain on engineering and support staff.
"Developers and publishers should just consent to Nvidia's request to support their game without any discussion or negotiation" sure sounds a lot like licking Nvidia's boot to me.The ability for them to even be able to pull their games out has no legal ground whatsoever. If they'd sue, they'd lose. The only reason NVidia buckles is fear of burned bridges. Was it a smart move to bet on "it's easier to ask for forgiveness" and hope it wouldn't raise a stink? Also no. But this is entirely on publishers.
Apologists should stop licking the boot.
"Developers and publishers should just consent to Nvidia's request to support their game without any discussion or negotiation" sure sounds a lot like licking Nvidia's boot to me.
If I rent rack space and remotely install Steam and the games I've bought on that and then stream the games I've bought from the hardware I've bought, will $publisher breath down the data centers neck? no? then they have no business breathing NVidias neck."Developers and publishers should just consent to Nvidia's request to support their game without any discussion or negotiation" sure sounds a lot like licking Nvidia's boot to me.
All the many obvious reasons that have been discussed over and over again in every thread discussing Geforce Now.Why does that matter?
- Nvidia gets no cut from the game being sold on any storefront
- Access to your library and gives people who don't have PC's access a paid for library
- Gives games more sales due to exposure and friends playing together without having expensive rigs
- Takes $5 rent to use their most expensive GPUs to play games
How is this not a win win scenario for everyone? Oh wait... scum sucking Publishers. Give a $ to them Nvidia. Give them their share.
I mean it's far more likely Nvidia would get the blame than any game on the service. Any bugs would minor relative to the input lag and other associated issues with streaming.It'd be like blaming movie studios for the issues people have with netflix.Speaking as a dev, it does concern me that services like this can potentially complicate the testing and bugs in a game. Geforce Now can introduce any number of strange behaviours to input or timing of a game, so any bad reviews or customer support headaches caused by this service can put a drain on engineering and support staff.
I'd say that once you're on the PC platform, you no longer have a say in how your art is used or accessed. People are going to cheat, mod anime girls into it, inject graphical features into it, buy it dirt cheap and pirate it. If people want to add a little latency and play it remotely, that's nothing compared to how other uses are violating your art.So who is ethically right, who is ethically wrong
Do artists not deserve a right on how their art is used? (IE the devs of the Long Night pulling their game from GeForce)
Does a corporation deserve a right to whatever they see fit? (IE Nvidia using every game willy nilly for their own p2p service)
So tell me
Who do you think is in the right here?
or are game developers no longer artists of their craft, who have a say in how their art is used?
I kinda don't care how obvious the reason is, as long as it's legal for me to run the software I've bought the way I want. Which it is.All the many obvious reasons that have been discussed over and over again in every thread discussing Geforce Now.
I'd say that once you're on the PC platform, you no longer have a say in how your art is used or accessed. People are going to cheat, mod anime girls into it, inject graphical features into it, buy it dirt cheap and pirate it. If people want to add a little latency and play it remotely, that's nothing compared to how other uses are violating your art.
It will not be $5 forever. Nvidia isn't in this business for charity. They're a huge, greedy company, more ruthless than most publishers. $5 is just to lock you in their service. In 2017, they briefly mentioned that GFN would cost $25 for twenty hours of play time, and I haven't seen anything since then that indicated that they have changed their minds.- Takes $5 rent to use their most expensive GPUs to play games
How is this not a win win scenario for everyone? Oh wait... scum sucking Publishers. Give a $ to them Nvidia. Give them their share.
It will not be $5 forever. Nvidia isn't in this business for charity. They're a huge, greedy company, more ruthless than most publishers. $5 is just to lock you in their service. In 2017, they briefly mentioned that GFN would cost $25 for twenty hours of play time, and I haven't seen anything since then that indicated that they have changed their minds.
indeed, let's. it's legal for people to fuck around with game files.loool
Ok
Fuck the artist
Cause they're on PC
Let's all follow your example.
Do you think Nvidia's policy of letting developers/publishers pull support for their games is illegal?I kinda don't care how obvious the reason is, as long as it's legal for me to run the software I've bought the way I want. Which it is.
They are not comfortable with someone else making money with their games.
indeed, let's. it's legal for people to fuck around with game files.
Which pretty much all come down to these companies want more money at either nvidia or the consumers expense which is the long and short of it. Everything else is rather minor relative to this point. If they thought this was the most profitable way to proceed the vast majority would have no issues with it.All the many obvious reasons that have been discussed over and over again in every thread discussing Geforce Now.