Square Enix Hates Viral Marketing

[FinagleABagel]

No, they could allow people to do this. Blizzard does it just fine, and they're not just in the US - they're all over the world. This decision is completely in the hands of SE. It has nothing to do with SE fearing a lawsuit at all.

HAHA! Seriously, this is funny. You honestly think that there is any legal weight to the "well he/she did it"?

Appetites for risk vary by company. Blizzard is well known for being aggressive, both in liberal definitions of fair use and defending their product. Not every company is going to see that allocation of resources as worthwhile.

To make a big deal out of a video with 50,000 impressions is beyond a joke. I personally like guerilla/viral marketing campaigns, but I know enough about business to realize that sometimes the risk associated with that isn't worth it. You lose a measure of control, and everyone knows SE likes having complete control.

[LiadansWhisper]

HAHA! Seriously, this is funny. You honestly think that there is any legal weight to the "well he/she did it"?

Appetites for risk vary by company. Blizzard is well known for being aggressive, both in liberal definitions of fair use and defending their product. Not every company is going to see that allocation of resources as worthwhile.

To make a big deal out of a video with 50,000 impressions is beyond a joke. I personally like guerilla/viral marketing campaigns, but I know enough about business to realize that sometimes the risk associated with that isn't worth it. You lose a measure of control, and everyone knows SE likes having complete control.

There's no risk to SE, though. They have no exposure by allowing videos to be published with someone else's music attached. They're not exposed at all, because they aren't the ones doing it. I mean, sure, you can totally say, "Oh, someone could sue them" but the thing is, you can technically file a lawsuit against anyone, for anything, or nothing at all. Anyone can file a lawsuit in the US for any reason, and it doesn't have to be legit, because when you file it, they just take your money and the Petition. They don't look to see if it makes any sense. But that doesn't mean that it would get any further than that. So, I mean, if they're that scared of lawsuits, they should just shut the game down. Because someone could sue them for the game existing at all.

[FinagleABagel]

stuff

*facepalm*

First off, no you can't sue anyone for anything. It's called standing.

Second of all, SE clearly wants to control the tone and perception of advertising. They don't want to have to defend themselves over what someone else did. That is their right. This isn't just about impressions and getting the word out there about FFXIV. We are talking about a franchise and a very valuable brand image. Viral marketing / guerilla campaigns are best used to generate buzz and recognition of something new. While the 14th installment franchise is new, the franchise itself is not. The assumption being that they will continue the franchise, those branding elements are going to be closely defended.

Have you actually ever dealt with IP law or advertising in a professional setting?

[LiadansWhisper]

*facepalm*

First off, no you can't sue anyone for anything. It's called standing.

Yes, you can. Does that mean the lawsuit will go anywhere? Nope. But you can file it and have someone served, and the clerk just takes your money and the Petition. They don't actually review it until the Judge gets it. And even then, you can make statements that have no backing but still have to be defended against. It isn't until the process gets going that you have to start providing serious documentation. Prior to that, all you need is a Notary (for the sworn statements, anyway).

Second of all, SE clearly wants to control the tone and perception of advertising. They don't want to have to defend themselves over what someone else did. That is their right. This isn't just about impressions and getting the word out there about FFXIV. We are talking about a franchise and a very valuable brand image. Viral marketing / guerilla campaigns are best used to generate buzz and recognition of something new. While the 14th installment franchise is new, the franchise itself is not. The assumption being that they will continue the franchise, those branding elements are going to be closely defended.

I'm pretty sure that's not actually what's going on here, but you're allowed to think whatever you want.

Have you actually ever dealt with IP law or advertising in a professional setting?

I have 5 years of civil law experience under my belt. It's actually what I used to do for a living. You'd be surprised (or maybe not) at what I've seen sued over, how the petitions have been presented (I've seen hand-written lawsuits), and how far they've gone.

[Scamperoo]

*facepalm*

First off, no you can't sue anyone for anything. It's called standing.

Second of all, SE clearly wants to control the tone and perception of advertising. They don't want to have to defend themselves over what someone else did. That is their right. This isn't just about impressions and getting the word out there about FFXIV. We are talking about a franchise and a very valuable brand image. Viral marketing / guerilla campaigns are best used to generate buzz and recognition of something new. While the 14th installment franchise is new, the franchise itself is not. The assumption being that they will continue the franchise, those branding elements are going to be closely defended.

Have you actually ever dealt with IP law or advertising in a professional setting?

That comment isn't the point, is it. If this is your trump card to your post it's assuming much and accomplishing little.

Square is should be delighted the fans of the game have begun to have a little fun with it. Square has had a long history of allowing thousands of youtube videos to a variation of music and glitches. It kept FFXI going for 11 years, not one instance have I seen where there was any detriment to this franchise. We know about the brand image, it was nearly done to death from within the company, saved only by it's fan base. What is valuable about FFXIV is it's inherited customers. Those who gave the game a second chance are waiting for the magic to begin again, not having to worry about the Sword of Damocles hanging over their heads if they make an unacceptable post in the forums or make an amusing video.
As to the 14th iteration of Final Fantasy, the first Final Fantasy was supposed to be FINAL! it did well enough to get to 13, all of those years the joy of this game was perpetuated through Youtube its videos and music. Now it seems this part of the fan participation is over, you are right the franchise is not new, it got this far because we loved the game and participated in everything, now you say they are defending their newest franchise...from their fanbase, I say that is a very unfortunate mistake to make.

[cotti]

As to the 14th iteration of Final Fantasy, the first Final Fantasy was supposed to be FINAL! it did well enough to get to 13, all of those years the joy of this game was perpetuated through Youtube its videos and music.

Yeah, 1987's Youtube was the best. Loved to see that Garland vs. the Imps YTP.