GilvaSunner Closes Game Music Account As Nintendo Issues Another 2200 Copyright Blocks

GilvaSunner Closes Game Music Account As Nintendo Issues Another 2200 Copyright Blocks

As reported earlier this week, Nintendo has been issuing large waves of copyright blocks against a popular and exhaustive video game music archive on YouTube. GilvaSunner has been around since 2010, amassing 467,000 subscribers.

After losing around 1300 videos from their channel in the first wave of copyright blocks, GilvaSunner tweeted a list of the games involved.

GilvaSunner took to Twitter again today, announcing a further 2200 blocks had been issued. And then the bombshell: Gilva felt the time had come to close their account for good. You can read the full thread below:

“After thinking about this a lot over the past few days, I’ve decided that at this point it’s not really worth it to keep the channel up any longer,” reads the post, “and will therefore delete the GilvaSunner YouTube channel (or what’s left of it) this coming Friday.”

If GilvaSunner was angry about the situation, they kept it to themselves. Rather, their tone seemed sad but reflective about the decision. “There are many different opinions over what is happening and that’s fine! I can understand pretty much all sides. I know this is disappointing to read for a lot of you, but I hope you can respect my decision to want to move on at this point.”

They ended the thread with a request. “It’s been truly amazing to see the VGM scene grow so much! Please keep supporting the composers and community!”

Nintendo has been issuing takedowns and copyright blocks on the GilvaSunner channel for many years, but this recent wave is the biggest hit the channel has ever taken. It seems Nintendo finally got what they wanted and has driven Gilva off the platform for good.

GilvaSunner says their videos were not monetised. They insist they have never profited from them.

As Zack wrote in his piece from earlier this week, Nintendo is well within its legal right to issue takedowns on its copyrighted content. It is, however, disappointing that Nintendo won’t collaborate with its community on this. Perhaps the situation would be different if Nintendo had ever made music from its games legally available on streaming platforms, but it hasn’t. So it’s frustrating to see Nintendo throw its weight around like this when it offers no legal alternative.

Perhaps the copyright wave portends a change from Nintendo. Maybe it’s looking to finally release its music legally and is cleaning house in preparation. If it is, it hasn’t communicated that, and so it’s hard for many to see Nintendo as anything but the bad guy here.

Cheers, GilvaSunner. It was fun while it lasted.

Comments

  • WTF this is actually REALLY SAD

    GiIvaSunner was transformative with the tracks was he not? Fair Use Laws? The works were creative as heck, and now its just gone?

    • You’re might be thinking of SilvaGunner, the companion channel that remixes popular songs in the style of period video game music. That channel falls under fair use and has not been the target of any takedowns as far as I’m aware.

    • Japan doesn’t recognise fair-use in their copyright laws, also DMCA was the birth child of the US music industry even getting fair use is hard with 3 seconds of any music can be take down by a robot. Its a lot harder to claim fair-use at the best of times.

      The only option is to get YouTube to reinstate his content under “safe harbour “, and have it blocked from Japanese YouTube. (This is the resolution Totally Not Mark got for his dispute with Toei animation on his One Piece and DBZ reviews)

      • The difference in Totally Not Mark’s case was that he was reviewing/criticising, which is one of the cases that is covered by fair use/fair dealings in many countries. What GilvaSunner was doing was just uploading the original, unedited music to youtube. He was not criticising, news reporting, teaching, parodying or any of the other cases that constitute fair use. Therefore, even this “safe harbour” thing does not apply in this case. There’s no loophole that can possibly get him out of this one.

        • Never followed this content, was basing off the original commenter who said the work was transformative.

          If he isn’t transformative, then yeah he is getting what he deserves for a clear copy and uploaded track.

          • As David pointed out, the original commenter cinamyn is probably confusing GilvaSunner with SilvaGunner. SilvaGunner does transformative, remixed works of classic video game music and is actually intended as a parody channel to GilvaSunner. GilvaSunner, who this article is talking about, simply ripped video game music directly from the game and uploaded it to youtube. Nothing transformative going on.

  • I’d like to say I have sympathy for the guy but I really don’t. This is no different to uploading albums from popular bands to youtube. This is someone else’s copyrighted content and you can’t just upload it to youtube.

    It’s easy to say Nintendo is the bad guy here, and yeah they’ve made some pretty dick moves in the past, but that’s not the case here. Just because someone doesn’t make their content available a certain way doesn’t mean it’s open season for someone else to make that content available that way. It’ll be the same as me saying “oh this movie isn’t available to stream anywhere so I’ll upload it to youtube so people can stream it”. You can’t do that. Those soundtracks are Nintendo’s property and they can choose to do what they want with them. If they don’t want them experienced outside the context of the game then so be it. And for what it’s worth, GilvaSunner even acknowledges this.

    After the first round of copyright strikes a number of years ago, he should have known more were coming.

    Oh and Nintendo DO actually release soundtracks for their games. They’ve done quite a lot over the years, actually: https://nintendo.fandom.com/wiki/List_of_Nintendo_soundtracks

    • To add to that, Nintendo have a legal responsibility to set a precedent for protecting their ip.
      So GilvaSunner wasnt monetizing anything. Thats fine. But someone comes along and starts monetizing it. When Nintendo come knocking on their door, they can use as a defense “well they didn’t come after GilvaSunner, I thought it was perfectly fine”. Nintendo need to be seen to be protecting their stuff

    • Seems like nearly that entire list is Japan exclusive, some to the point where you could only order them through Nintendo’s point system, so you couldn’t even buy it if you wanted to (since you can only use points in your region; Australia misses out on so much.
      Not to mention gaping holes in the library; no metroid, no f-zero, only one Starfox, no GB/C pokemon, only a few Kirby games…

      For the majority of the cases, it’s less “uploading a band’s album to youtube” and more “uploading that indie band from the 80s nobody’s heard from in 30 years’s album to youtube”. Doesn’t justify piracy any more, sure, but this isn’t Metallica here. The vast majority of the tracks removed, Nintendo aren’t putting out there.

    • Also I’d like to add, preferably by use of an edit function but here we are, that this is less about “sympathy” for Gilva, and more the loss of accessibility of, well, everyone (at least, everyone who isn’t a Nintendo employee).

  • First they came for the Discord Bots, and I did not speak out—
    Because I was not a nerd.

    Then they came for the YouTube music uploaders, and I did not speak out—
    Because I was not a supporter of illegal music piracy.

    Then they came for the Let’s Players, and I did not speak out—
    Because I was not a Let’s Player.

    • It is almost ghoulish that you would resort to using that verse, I guess you couldn’t find another way to get all Godwin Law on this post?!

      Congrats for making a simple copyright issue something far greater than it is.

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