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sunny_in_the_sky

Pro ATC X email contact for Twitch streaming question.

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Hello,

I'm enjoying Pro ATC X, and had a question for the company regarding whether it is allowed to be used while streaming on Twitch. I have tried emailing them through their website's contact form twice in the past year, and unfortunately did not get a response.

  1. Has anyone on here been able to get a response from them, when using that form?
  2. Do they only respond if you use the same email as one used for a purchase?
  3. Does it help to send the email in German? If so, is there anyone that speaks German that can help by any chance?

I realize they have a forum as well, but I would prefer to use email, as the forum requires you register with your real name. Thanks for reading this and your time!

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Pointsoft has a bit of reputation for going radio silent for long periods of time, as a visit to the forum would show. So to be honest I wouldn't expect a reply. You might get one but equally you might not. I don't think emailing them in German is likely to help, the project manager's name is Clive Joy and he posts in English on the forums.

That said, I'm not sure why you would need their permission to use the product on-stream. I don't believe they could stop you, provided you licensed the software correctly. I suppose if the license explicitly had a clause saying you agree not to stream it, maybe, but I doubt that would be enforceable. The dirty secret of software licensing is that much of it would not actually hold up in a court of law. I mean, do you have to ask LM for permission to use P3D on Twitch? Or HiFi for permission to use Active Sky? Or your aircraft vendor for permission to fly their aircraft on-stream, or ORBX for permission to show their scenery?

I suppose you could argue that the Pro-ATC/X voice files are similar to music, but while software is copyrighted just like music and video, merely using the software is not equivalent to copying it (unlike playing music), and streaming your video and audio while you run it does not make it so, as far as I know (though I should point out that I Am Not A Lawyer, nor do I play one on TV). Otherwise lots of sim streamers would be getting in trouble, and they aren't. Equally, I have Pro-ATC/X in my YouTube videos and while they get a laughably tiny audience I'm certainly not getting hit with Content ID on the ATC chatter audio.

I think the key difference is that playing music or video on-stream is a performance of that music or video, whereas merely using software (playing a game etc) is not. Otherwise, game companies could start suing Twitch streamers for allowing the in-game music to play on their stream while they are playing the game, or even for playing the game itself on-stream (the graphics are equally copyrighted). But the music is an essential part of the game and as long as the game itself is correctly licensed, I don't see they have a leg to stand on. Streaming literally couldn't exist if that were the case.

But again, IANAL.

 

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@neilhewitt Thank you, sir, for the in-depth response! Very kind of you to take the time to answer the question in such length. You were on point that I am concerned about the voice audio files being similar to music in some ways.

I do indeed have a fully licensed copy, and just wanted to make sure that I didn't miss anything in the fine print.

Have a wonderful weekend!

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