Have you heard of the Streisand effect? It’s when someone Try To suppress information, only to end up spreading it further than it could have traveled.
For example: Last week, I would have been skeptical if you told me that a broadcast operator got his hands on a casting scenario for the next Tomb Raider game – one that reveals that the lonely old Lara Croft might avoid lasers in the Gravity Gravity and get into a romance with another female character .
But if you also He told me that the lead attorney for studio Tomb Raider Crystal Dynamics immediately sent a DMCA takedown notice—where he testified under penalty of perjury that the podcast infringed the studio’s intellectual property—I absolutely believe the text and those details are totally, really.
This is exactly what has happened over the past few days (via VGC). On Friday, Colin Moriarty’s Sacred Icons podcast contained an unusual clip featuring part of an alleged screenplay of British actors reading for the part of Lara Croft herself. “They are looking for a female in her mid-30s, white, five foot six, athletic, a prototype of Emily Blunt, Rosamund Pike, etc.,” Moriarty said.
Then continue reading a large paragraph describing a possible new tone for the new game:
Lara Croft is now at the top of her game. Gone are the days of the inexperienced young woman dealing with matters of inheritance and family account, Lara abandoned her childhood and embraced a life of adventure and purpose. Her legendary career has been praised in print and tabloids, long tales of adventure that have inspired a new generation of Tomb Raiders to seek their fortunes in the world. And with this new phase of her life, Lara completely accepted her place among the ruins.
For many years, Lara has been falling into the depths of forgotten places, playing cat-and-mouse with many vicious opponents, working to uncover, preserve and protect the lost secrets of the world so that they do not fall into the wrong hands. But as the years went by, Lara became lonely at the top. The beginning of this next chapter introduces Lara with a core adult problem that she has to face with something too big to tackle alone in this new adventure. Lara will face a challenge that she can only overcome with a team at her side. Cooperation is strange to her. She has always succeeded on her own. So, in this case, it’s a fish out of water.
Next, its hosts Kris and Dustin staged the two casting scenes featuring Lara, a woman named Tanvi, and a man named Devendra (I hope I spell correctly). Finally, Moriarty reads a note that the actress they’re looking for may have “romantic scenes with another female character,” but “no nudity or simulated sex.”
That was all apparently enough to get Square Enix’s Crystal Dynamics to send a DMCA takedown notice the same day – but not to Moriarty, but rather to the Patreon page where subscribers support his podcast, directly threatening his source of income.
On Monday afternoon, Patreon sent out a DMCA notice, and after spending $1,000 to confer with his attorney and time with Patreon’s legal team, Moriarty says he’s decided to remove that specific portion of the podcast — although he thinks it may have been business Journalist. “I didn’t steal it, I didn’t order it, I didn’t buy it,” he told listeners in a follow-up video about the DMCA’s removal. “I have been acting on the basis that this is fair use, and that this is of great public importance.”
I obtained a copy of the original DMCA notice from Moriarty. While it’s vague as to what exactly Crystal Dynamics is dealing with, there aren’t many possibilities. Even the YouTube version of the audio podcast basically has no visuals belonging to Square Enix, no logos, no Lara’s photos, not even transformational images. It’s just a sound. “I read maybe 2/5 of the cover page, literally in general,” Moriarty told me, “and then we acted out the two scenes that were given to me.” He says removing that voice was enough to satisfy Patreon’s legal team.
Moriarty also says he doesn’t blame Patreon for not wanting to respond. “I’m not angry at them in this situation, and I don’t blame them.” But he also does not want to be a “martyr of freedom of expression.”
“Personally I think we could make a ‘fair use’ play, whether in highlighting the news or in our interpretation of the text, but I don’t have the time, the means or the energy to fight, and I don’t want to open us up more problems. It’s easier to give up, unfortunately, which – if you I might be conspiratorial – seems to be the point in these cases. I’m someone who runs a business outside of my house; Square Enix is Square Enix,” he told me.
Richard Hogg, an attorney who covers these types of issues on his Virtual Legality podcast (he also has his own Patreon), joined Moriarty in the follow-up video. He explained that it is difficult to know what may or may not be considered fair use.
If the design document […] Which you read out loud in your video, that would give the other side more buying to file an infringement claim,” Hoyg suggested, still thinking it could be fair use. He concludes that you can’t really tell until a judgment is issued in court – And the sacred icons made it clear that they didn’t want to fight to find out.
However, the Sacred Tokens podcast is not entirely subject to what they assume are Square Enix’s demands. The original, unedited version of YouTube podcasts and their free podcast feeds will remain until or unless Square Enix takes action there as well.
Square Enix did not respond to a request for comment.