Yes, I'm sure there is legislation that says "Yeah man, Fair use applies to everything, except like, speed runners, we don't like them." And in my quote "If someone took Nintendo to court after their video got taken down because they didn't use the affiliate program, but did commentate said footage, the Youtuber would win," I was referring to Lets players, who are somehow magically different than TASs (in your eyes).
They're different because the media that they're producing is different in nature. It's not magic, it's logic.
What's to stop them from doing so?
The idea that people
can do commentary on a speedrun is not a valid argument in defense of those that
do not.
*Unreasonable expectations* So... It is outside of Nintendo's power to make a game like PM? What?
Unreasonable expectations, as in, it's unreasonable to expect Nintendo to make a game that fits in with what one's criteria of "a good game" is if their criteria are based on populist sentiment rather than critical analysis. You know, that thing that I already said.
"This game made by a bunch of dudes working with no budget is better than any smash game we could make, so lets kill it so people buy our stuff instead" Is your defense of Nintendo in a nutshell.
There are parts of PM that are better than Smash 4, but whether or not it's a better game is subjective at best.
Also, yes, that's my point - the existence of PM indicates a large group of people that more or less argue that they can "do better" than Nintendo at doing what Nintendo does, which is bad for business. It would be in their best interests to shut it down - that they've only somewhat suppressed it (supposedly) in the competitive scene indicates at least some appreciable benevolence.
Nintendo doesn't care about schisms in the Smash community because they don't care about the Smash community. I assume that you supported Nintendo when they tried to take Melee out of Evo, huh?
Yes. The more focus is put onto Melee as a competitive game, especially now in comparison to Smash 4, the more it warps the Smash community's perception of what is and is not a good game.
One thing that's important to understand is that
all game companies that support competitive scenes around their games do it as
advertising - there's no point to supporting the community for a game that nobody can realistically buy anymore. Capcom doesn't support Street Fighter 2 or Marvel Vs. Capcom 2, NetherRealm Studios doesn't support Ultimate Mortal Kombat 3, and Namco doesn't support Soul Calibur 2 or Tekken 3,
even though these games still have very active and dedicated fanbases.
Nintendo not supporting Melee or PM would be a good business decision
even if the communities behind those games didn't actively go out of their way to criticize the series' further entries for being different (for the better, honestly), which is unfortunately something that still runs rampant, and the fact that you or others can't wrap your head around implies some latent entitlement issues.
And do you really want to start the "faulty/unhealthy game mechanics" argument?
Yes. Almost one hundred percent of my posts are me subtly, but consistently, trying to start this argument.