Recent Developments of TOS Actions Taken

[VirusOnline]

Well let me propose another situation however. You realize that people are monetizing their broadcasts? So this actually encroaches on intellectual property issues they've been HIGHLY lax on because they understand fan support. https://support.na.square-enix.com/r...la=1&tag=authc

So now you have someone using that leeway to publicly harass another player using their materials. Yeah that's not gonna go well especially on top of monetizing the platform?

They might be able to get away with "fair use" but in addition to that, copyright protection is actually rather expensive, the easiest way however to get around it is to ban a person using said materials. I mean they do have a right to, and worse if they feel that person is hurting the brand.

One of the main reasons developers allows streamers and YouTube channels to use their IP/Gameplay is because it's good advertising as well.

Onto the topic of fair use, I'll add that it's vaguely not fair use if the person's primary reason is monetary gain. Any developer would have a very good reason to sue and win such a case because 1) the streamer is using the game for monetary benefits as well as 2) the developer can claim that this streamer has the potential to negatively impact their market (however little or big) and as you said "hurt their band". A certain Japanese gaming company is well known for taking down videos on the YouTube because of point 2.

Fair use is very ambiguous, but from what I hear SE is within their rights to invoke ToS from outside of the game in this instance.