Hey all,
Long time lurker here joining in to express my support and contribute to the conversation a bit. I've had a lot of pent up thoughts I'd like to unleash on an unusually long first post:
Ever since the fake TGA "leak" fiasco I've been reevaluating just how possible I think it would be for KOS-MOS to still get in. That mod copyright takedown is probably the biggest sticking point now. Appreciate the
post by I.D. showing that Nintendo has used that same trade name before on YouTube. I'm not sure how YouTube handles IP infringement, but it appears that you're able to use either a trade name (Nintendo) or the legal business name (Nintendo of America, Inc./Nintendo Co., Ltd.)? I could see it being a little odd how an informal trade name is being used to issue takedowns, but there's clearly precedence for it as evidenced by the post I just linked to. It could just be that YouTube allows you to stylize it as a DBA (doing business as) so the multiple subsidiaries of Nintendo are able to issue takedowns.
I've seen a lot of people mention how poor and easily abusable YouTube's copyright system is. I don't deny that, but they've certainly taken
strides to improve things. It may not be as simple as we think it is to initiate a fake takedown on command. The timing of how it was taken down on the same day as The Game Awards is suspect. You could say that this makes it more likely to be an elaborate troll, but if you're "abusing" the system to make a false flag I doubt you'd be able to synchronize the timing of when you want the video removed down to the exact day.
There was a post in this thread two pages back also by I.D. where they tried reporting multiple mod videos by the same uploader in an attempt to reproduce the issue. I haven't seen a follow up on this by I.D. nor the video uploader's
Twitter account. If this was fake, it leads me to believe it would have had to been reported well in advance. Not ruling out that it's a possibility, but you'd really need to be thinking that far ahead -- maybe as far back as the day that original TGA 4chan "leak" was posted.
The Mario Kart Tour copyrighted content part of the claim honestly feels insignificant. Yes, it looks weird as hell but that doesn't mean it's someone clearly abusing the system. If they were trying to troll us you'd think they'd realize how goofy Mario Kart Tour looked and would've tried flagging it as Smash Ultimate content to make it look as legitimate as possible. It could be that they tried throwing multiple games at it until a claim stuck, but I view this as unlikely due to the potential time it takes between flagging a video and then getting it removed. Maybe they really did throw out the entire Nintendo catalog in a condensed amount of time and it somehow just worked out. Still find it unlikely due to the process potentially taking multiple days or even weeks.
If you're the IP holder, you could probably issue a takedown and list any property you own as the copyrighted content. It being a manual claim and not automated Content ID makes that outcome more likely (while also still leaving the window open for an elaborate troll). Saying it was labeled as Mario Kart Tour to secretly hide it being for Smash is wishful thinking. I view it more as Nintendo flexing on us and taking the easiest way out to get the video down no matter how sloppy. I suppose more wishful thinking would lead us to believe that KOS-MOS actually is in and they had no currently uploaded videos to their channel to match as the infringing content so Mario Kart Tour was used because they're the damn IP holder and they can get away with it.
As for the takedown being legit but only leading to a Mii costume; I dunno. The example frequently being thrown out was how the Megalovania remix takedown lead to a Sans Mii costume. To me it's more like the takedown of a song directly lead to that "same" song being added as a DLC track. Completely unprecedented for Smash Bros. DLC. Ironically KOS-MOS not being revealed at The Game Awards makes the YouTube takedown's legitimacy more likely. These takedowns do happen well in advance of an announcement -- not on the day of or mere days before. So if we really don't get the next character revealed until mid-January or February then this just adds to its credence.
Another thing I wanted to touch on briefly was the feeling that we/KOS-MOS is being targeted to troll the entire community. I see three reasons as to why this may be happening:
- The cat leak seemed so legit and infallible for the longest time that more and more people simply wanted to jump in on the "fun" until the author of the post finally revealed it to be fake.
- Considering her relatively niche status, people wanted to watch the world burn and spark an uproar from the strangely vocal "anti-anime" and "anti-niche" crowd. There was a point in time before Joker was announced that Katalina from Granblue Fantasy seemed like a completely plausible DLC choice corroborated by both Vergeben and Hitagi. Seriously, look at this old Reddit post with 764 comments of people celebrating that she wasn't going to get in after all.
- Dinah and the rest of this thread gave the two 4chan tripcode posters too much attention. It's certainly not a stretch to think that they were lurking in this very thread and egging everyone on the more their posts were brought up. As someone who was following multiple boards to get a pulse of the community at large -- I saw Dinah everywhere man. GameFaqs, ResetEra, and here. It's possible somebody was targeting Dinah directly after seeing how passionate they were across those boards.
TL;DR:
I think the YouTube takedown is potentially legit due to the amount of time it takes between flagging videos and getting them removed. There is precedence for a copyright notice to just say "Nintendo". YouTube's system can be abused but I don't think it can be done at will. With that said, it's still completely possible that there was a small of army people reporting the video days in advance, submitting a whole catalog of possible infringing games, and the video then being removed on the day of The Game Awards was just the cherry on top.