Hello,

I have such a specific question. There are a number of channels on Youtube that contain videos from MSFS. For example, this channel https://www.youtube.com/c/theflightchannel/ makes videos that are monetized by advertising, with a link to Patreon and a link to the online store in the description.

So I'm wondering if it's okay in terms of any rights with regard to Microsoft, or if, for example, the owner of that channel has an agreement with Microsoft? I tried to find some information on this topic from Microsoft, but I didn't find it. 

Maybe I'm misunderstanding you....   but there are tons of videos on youtube with MSFS.

6 minutes ago, ryanbatc said:

Maybe I'm misunderstanding you....   but there are tons of videos on youtube with MSFS.

Way way too many seems everyone is on for a buck.

Edit this belongs in the hangar chat.

Edited March 30, 20224 yr by jbdbow1970

16 minutes ago, mkuma said:

Hello,

I have such a specific question. There are a number of channels on Youtube that contain videos from MSFS. For example, this channel https://www.youtube.com/c/theflightchannel/ makes videos that are monetized by advertising, with a link to Patreon and a link to the online store in the description.

So I'm wondering if it's okay in terms of any rights with regard to Microsoft, or if, for example, the owner of that channel has an agreement with Microsoft? I tried to find some information on this topic from Microsoft, but I didn't find it. 

If it's not legal then there are thousands of other games on youtube and twitch that would also be illegal.  And it's free advertising for them too.

1 hour ago, mkuma said:

o I'm wondering if it's okay in terms of any rights with regard to Microsoft, or if, for example, the owner of that channel has an agreement with Microsoft? I tried to find some information on this topic from Microsoft, but I didn't find it. 

Best known around here as a former USAF meteorologist, I later had a 24 year business career with a major manufacturer and distributor of motor vehicles. The last five years of that career saw me managing the business side of legal issues (I am not an attorney).  Among those issues was working with our legal staff, developing and executing strategies for protecting my employer's intellectual property.

In addition to the fact that there are thousands of videos already out there, the fact that Microsoft has not objected or otherwise taken public action over significant time, both with MSFS and previous versions (ex. FS95, FS98, FS9, FSX) greatly restricts its current and future success should it now decide to do so.  Some USA states have statutes of limitation beginning as soon as two years from the point in time where the first sale of a product occurs. That can be deemed to apply to a "product line".  Some USA states do not have statute of limitations on intellectual property matters.

The federal Lanham Act, which governs USA Federal cases, also does not have a statute of limitations.  The application of a legal concept referred to as Laches has been consistently applied by judges in USA Federal courts, and by judges in USA state courts where a statute of limitations does not exist. By a judges discretion, application of the Latches concept restricts lawsuits when significant time has elapsed as it deems it would not be just to ask a defendant to defend themselves due to the significant elapsed time.  Latches has also been applied in cases of selective lawsuits, where enforcement against only a single or a few defendants is attempted. 

Where I suspect Microsoft would take action would be in cases where infringement is created where a publishing person or entity appears to hold itself/themselves out as Microsoft, or an entity of Microsoft, or speaking for Microsoft, when that is not the case.

Edited March 30, 20224 yr by fppilot

Immediately turned off the cockpits lights so no one knows who I am and where I am :

I got a roll of tinfoil I'd be happy to sell...Inquire within. 

16 minutes ago, GSalden said:

Immediately turned off the cockpits lights so no one knows who I am and where I am :

you are passing EDDF on your way to LOWI and departed from EHAM

Right?

 

The gaming companies have never had it so good.  Thousands upon thousands of people marketing their products to millions of people around the clock.  I am sure they are in full support of this.

Sounds like this guy with his/her/other first post.

 

I see your point, but I'm not sure if MS or LR care about channels like that. Using the simulators to recreate air disasters in a documentary video is probably not what they would like to see, but in the context that they are done they are probably okay. Most of what I have seen has been done in a tasteful way. I suspect that a video, for example, praising or condoning the actions of the perpetrators of Sept 11 and using a video created in one of the sims to do so might cause MS or LR to take action. All of the channels and videos that I've seen so far have done this in a "for your information", demonstrative manner, so I don't think they will run into issues. . 

Edited March 30, 20224 yr by MDFlier

By the same analogy, all the car magazines and YouTubers reviewing cars would be breaking the law. Reviewing or showing absolutely anything would be illegal. Would it not also make discussing it on Avsim illegal too? Avsim might not be monetising but there are devs on these forums and plenty of payware discussion. You can’t draw that line as it will never end.

A bit of a weird question really if you think about it. Making a video about the use of a publisher's product or game has never been an issue for any company, unless the user is talking about or encouraging piracy. 

Microsoft/Asobo themselves actually tap into and use videos made by users for their own free publicity and information purposes. 

That's a strength of MSFS, say compared to some other recent sims, the strength of the community. In any case there can be no legal basis for claiming copyright infringement from a user who shows gaming footage, unless you are under NDA for a Beta pre-release version. YouTube channel makers are not illegally monetising MSFS itself, but cashing in on their own efforts to give an opinion, show off the use of the product (or training) or review a 3rd party product (which we all want to watch before buying) and showcasing how good MSFS is. If they are any good at it and so lots of people subscribe to their channel and like their videos, they deserve to make money from it.

40 minutes ago, avhpilot said:

you are passing EDDF on your way to LOWI and departed from EHAM

Right?

 

Not so loud ….!  🤫

Departed from A….dam. Passing Fr…..rt 🥳
Arriving at :

 

 

Edited March 30, 20224 yr by GSalden

I believe the Microsoft Corporation has a whole host of attorneys on retainer - so if MS they thought legal action was in order, I'm sure they would pursue it...