Ever heard of the Streisand effect? This happens when someone tries to To suppress the information, only to wind it up to spread it even further, otherwise it could travel.
For example: Last week, I might have been skeptical if you told me that a podcaster had gotten his hands on a casting script for the next Tomb Raider game—one that explains how an old, lonely Lara Croft Ledger was called a “Gravity Tomb.” “I can dodge. and engage in a romance with another female character.
but if you Too Told me that the lead attorney for Tomb Raider studio Crystal Dynamics immediately sent a DMCA takedown notice — one where he testified under penalty of perjury that the podcast infringed on the studio’s intellectual property — I totally think the script. And those details are totally, totally real.
This is what happened in the past few days (via) VGC) on Friday, Colin Moriarty’s Sacred Icons Podcast Contains an unusual section An alleged casting is part of the script for British actors readied for the part of Lara Croft. “They are looking for a woman in her mid-30s who is white, five-foot-six, athletic and a prototype of Emily Blunt, Rosamund Pike, etc.,” Moriarty read.
He then read a larger piece describing a possible new tone for the new game:
Lara Croft is on top of her game now. Gone are the days of a young inexperienced woman dealing with matters of inheritance and family calculations, Lara abandons her childhood and fully embraces a life of adventure and purpose. His legendary career has been lauded in print and in the tabloids, tall tales of adventures 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 fully accepted her place among the ruins.
For many years, Lara scoured the depths of the Forgotten Realms, playing the role of the cat in the rat alongside several nefarious opponents, and working to uncover, preserve, and protect the world’s lost secrets from the wrongs. Do not fall into the hands. But as the years went by, Lara became single at the top. The beginning of this next chapter presents Lara with the quintessential adult problem facing too much to handle alone on this new adventure. Lara will face a challenge that she can overcome only with her team. Collaboration is foreign to him. She has always been successful alone. So, in this situation, he is a fish out of water.
After that, her co-hosts Chris and Dustin starred in two casting scenes, involving Lara, a woman named Tanvi, and a man named Devendra (I hope I’m spelling that correctly). Finally, Moriarty read a note that the female actor they are looking for may have “romantic scenes with another female character”, but that “there is no nudity or fake sex.”
All of this was apparently enough to send Square Enix’s Crystal Dynamics a DMCA takedown notice the same day — though not to Moriarty, but the Patreon page where subscribers support his podcast, directly threatening his source of income.
On Monday afternoon, Patreon sent along a DMCA notice, and after spending $1,000 consulting with Patreon’s legal team to consult with his own attorney and time, Moriarty says he did that one specific segment of the podcast. Decided to remove – even though they think it was probably an act of journalism. “I didn’t steal it, I didn’t ask for it, I didn’t buy it,” he told the audience. in a follow-up video About the DMCA takedown. “I was operating under the assumption that this is fair use, that it is of great general interest.”
I obtained a copy of the original DMCA notice from Moriarty. While it is unclear exactly what problem Crystal Dynamics takes, there are not many possibilities. Even the YouTube version of the primarily audio podcast has no Square Enix-related scenes, no logo, and no photo of Lara, not even a transformative one. This is just audio. “I read maybe 2/5 of the coverpage, usually verbatim, and then we acted out two scenes that were given to me,” Moriarty told me. He says removing that audio was enough to satisfy Patreon’s legal team.
Moriarty also says he doesn’t blame Patreon for pushing back. “I’m not mad at them in this situation, nor to blame them.” But he himself does not want to be “a free speech martyr”.
“I personally think we can make a ‘fair use’ drama in both the notability of the news and our interpretation of the script, but I don’t have the time, means, or energy to fight it, and I don’t want us to get into further trouble.” Open to. Surrender is easy, sadly, which – if I may be scheming – seems to be the point in these matters. I’m a person running a business out of my home Square Enix, well, Square Enix,” he tells me.
Richard Hoegg, a lawyer who covers issues like Her Own Virtual Legitimacy Podcast (and she has her own Patreon too), joined by Moriarty in the follow-up video. He explained that it is difficult to tell whether or not that can be considered fair use.
“If it’s a design document […] That you read out loud in your video is going to give the other party more buy-in to bring a claim of infringement,” Hoeg suggested, while still entertaining the idea that it might be fair use. Concluded that you can’t really tell until a court ruling—and Sacred Symbols has become clear it doesn’t want to fight to find out.
Still, the Sacred Symbols podcast isn’t fully acknowledging Square Enix’s demands. The unedited, original version of the podcast will remain on YouTube and their free podcast feed until Square Enix takes action there as well.
Square Enix did not respond to a request for comment.