Zero Originality: The Gamestop Whistle Blower

[TonyTheTiger]

I didn't know who Ben Croshaw was until just now. So I didn't actually know what this guy was jacking. I knew he was jacking something because he mentioned it but that wasn't what I was paying attention to. Putting the format of the rant aside, I don't think I'd have a better estimation of his ravings regardless so the whole infringement thing is really moot as far as my opinion of what's actually being said.

I don't have any particular love for obvious thieves. Carlos Mencia comes to mind. But I sort of take the same position George Lopez does. Maybe you can stop them from jacking your shit and maybe you can't. But sometimes it's just better to flip them the bird and leave them to dig themselves further into a hole gradually losing fans and making fools of themselves. I think the problem is that there's always going to be a selection of people who don't know about the theft. I, for instance, rarely watched/listened to George Lopez's work until more recently. I didn't know Mencia stole his stuff. I did like the routine when I heard it from Mencia which made me like Mencia. What that says to me now is that I was actually liking George Lopez and Mencia was just a proxy.

That this guy was just picked up by Kotaku annoys me double now, though. I'm annoyed that a guy who clearly isn't saying anything new and sometimes not even relevant is getting press coverage like he's some sort of actual whistle blower as opposed to some disgruntled retail worker with an axe to grind and now I'm also annoyed that he's not even original to the point where he could get the coverage for just being unique about his methods. So, really, what's worth celebrating with a Kotaku article?

[Vectorman0]

Check these videos out. They're lovingly done in the Zero Punctuation style.

Episode 1: Used Games, Trades, and GameStop's shit products:
http://www.youtube.com/watch?v=9_D45dRcehg
http://www.youtube.com/watch?v=byJSoWl476I

Episode 2: Yahtzee, Game Informer, Edge Card, and Reservations
http://www.youtube.com/watch?v=Bxn2ezNDCwc
http://www.youtube.com/watch?v=j6n0E9Iz5E0

Episode 3 Part 1: Working at GameStop
http://www.youtube.com/watch?v=r72BRRTkOQs
http://www.youtube.com/watch?v=DFK7BKwlj8I

Episode 3 Part 2: It gets worse
http://www.youtube.com/watch?v=VFzC65kF7P0
http://www.youtube.com/watch?v=ejAaOV8hQQw
http://www.youtube.com/watch?v=6Ej2dUvsz8E

Kudos to I am Sal for bringing this to my attention. You guys probably don't know who he is, but I'm afraid that if I don't give credit where credit's due, he's going to kick my ass.

Are you the guy that made these videos? Don't worry, you can be honest.


----


Also, Frankie, I think you overreacted. I can understand why you find it upsetting, but it honestly doesn't deserve as much attention as you have been giving it. Yeah, it's sad to see someone get copied to this extent, but getting worked up about it isn't going to accomplish anything.


It's sort of sad this guy had to rip off someones unique style to get his point across. That says something about the points he's making - they suck.

[Moon Jump]

It's not like the guy's making any money off of it. Be thankful he used spent his time making a stupid internet video then going all apeshit on the people that shopped there.

[TonyTheTiger]

It's not like the guy's making any money off of it. Be thankful he used spent his time making a stupid internet video then going all apeshit on the people that shopped there.

You're right that there are far worse ways he could have expressed himself. And with something as open as the internet you're bound to get 4 or 5 knockoffs for every AVGN and Nostalgia Critic. It's just the reality of it all, I suppose. I just think it's worth pointing out when someone is actually using someone else's ideas. Even if it's completely innocent, I don't want to be deceived like I was by Carlos Mencia.

[theChad]

You're right that there are far worse ways he could have expressed himself. And with something as open as the internet you're bound to get 4 or 5 knockoffs for every AVGN and Nostalgia Critic. It's just the reality of it all, I suppose. I just think it's worth pointing out when someone is actually using someone else's ideas. Even if it's completely innocent, I don't want to be deceived like I was by Carlos Mencia.

I salute Joe Rogan.

[Frankie_Says_Relax]

Are you the guy that made these videos? Don't worry, you can be honest.


----


Also, Frankie, I think you overreacted. I can understand why you find it upsetting, but it honestly doesn't deserve as much attention as you have been giving it. Yeah, it's sad to see someone get copied to this extent, but getting worked up about it isn't going to accomplish anything.


It's sort of sad this guy had to rip off someones unique style to get his point across. That says something about the points he's making - they suck.

Yeah, I was pretty damned worked up after watching that first one.

Again, sorry to anybody that took my abrasive rants over this personally.

The kicker is, that I don't have problem one with him (or anybody) making a multi part gripe about Game Stop.

If he had just sat in front of a camera and said all the stuff he said slowly and clearly, I think it would not only be more interesting, but there wouldn't be the inherent problem of him not being understood by some.

Then again, his exposure seems to be pretty high at the moment over this ... so, perhaps he had the right idea.

[boatofcar]

Frankie, I feel like I was too hard on you with the whole "pompous ass" thing. I was just coming out of the handicapped parking thread and I was still fuming a bit. Sorry man

Anyway, there's a valid question here. How much can you borrow from someone else's "style" until it's considered copyright infringement. Correct me if I'm wrong, but there's nothing actually "stolen" from a ZP review in these, right? Just the general idea is what is taken.

It reminds me of a case where some potato chip company wanted Tom Waits to do a commercial for them. He refused, so they got a guy that sounded like him to do the commercial. Tom Waits sued, saying that they were ripping off his style and tarnishing his no-commercial philosophy, and Waits won. So it's hard to say how much you can rip somebody off before it becomes a criminal offense.

[Moon Jump]

As I said in my other post, I worked at Toys R Us, so I could see where the guy was coming from. I loved the part where he mentioned how when you first start you're pleased as punch, then you just get dragged down.

I could see it at TRU. I knew the people that had worked there for years and the new people come in for the holiday rush. Hell, one customer even said to me, "Boy, you're in an upbeat mood." and I simply replied, "Yeah, this company hasn't beat it out of me yet.." and he gave me a huge laugh and said "That's the best thing I've heard all day!!"

So needless to say, Toys R Us laid me off with most of my other friends on Christmas Eve and most of the floor managers that were working there at the time are there either or moved to other stores.

I know a lot of people have already heard these stories a million times, but hell, if one more person can hear about the things they do to those poor kids so they can make a buck, then I think he made his point.

[Frankie_Says_Relax]

No problem B.O.C., I'm sorry too.

I threw my cedentials out there in a pretty douchey way.

I should have just given the associated explanations I followed up with in the first place.

[TonyTheTiger]

Anyway, there's a valid question here. How much can you borrow from someone else's "style" until it's considered copyright infringement.

It's funny because I'm taking a copyright law class this semester and we just touched on that subject. From what I can tell so far, it's...not very clear.

It might be hard to define but I think we know it when we see it. Young Frankenstein = parody/homage. Irate Gamer = pathetically shameless ripoff. Most things where this becomes an issue fall somewhere in between.

And, by the way, you guys are being way too cordial for an internet message board. Why hasn't anyone resorted to caps and threats of physical violence should you ever meet in real life? I mean, come on. Get with the program already.

[evil_genius]

Can we all still be friends?

[boatofcar]

It looks like a third party has entered the litigation.

In a stunning victory today, Stick-Figure-Man (S-F-M) won his decades long lawsuit against the world. Experts predict that the reward he'll earn for copyright infringement and libel will be in the high billions if not trillions.

Anyone who has drawn him without the expressed written permission of himself and/or Stick-Figure-World will be forced to pay monetary damages. Those being forced to pay will include doodlers, Flash animation artists, safety label manufacturers, Aborigines (and their ancestors), spoof news sites, cross-walk sign makers, and most of all, little children.

A retraction and public apology will be demanded as well.

Experts predict that S-F-M will acquire 25-30% of the world's economy. The news has sent all global stock markets into a tailspin. Riots with burning cars have been reported around the world as well.

Mr. S-F-M had a few words to say outside on the courthouse steps:

"I want to thank my lawyers for their tireless efforts in this matter on my behalf. And oh yeah, up yours you three-dimensional freaks! Ha ha! How you like that, huh? (shaking booty at cameras) I'm going to rule the world! Oh yeah! And as for my lawyers, I'm going to buy their firm and fire 'em all. Don't like it? Tough doo-doo you losers! Where's Bill Gates? He's gonna ride on the back of my Harley, if you know what I mean. Yeah, baby! Yeah!"

Stick-Figure-Man then ran down the steps and entered a black Ford Excursion stretch limo where a busty Stick-Figure-Girl was awaiting him with champagne and cigars. As the vehicle sped off S-F-M rolled down the window, gave everyone the finger and shouted, "Bling, bling, you dookey-heads! Bling, bling! "

[slip81]

It looks like a third party has entered the litigation.

good for him

[DigitalSpace]

/me says "meh," continues browsing porn

[Iron Draggon]

well I'm glad someone got Frankie relaxed, so I don't have to do it myself

now, as a pissed off gamer who will never do business with GameStop again, I hope this guy's videos succeed in igniting a ton of class action lawsuits and other forms of protest that get that pathetic excuse for a retailer shunned out of existence forever... and I'd be thrilled if such a public outcry ended up eliminating all retailers with similar business models and practices as well... it's about time that someone stood up to companies like this in a significant manner... such entities and their bullshit only thrive because of apathy and a sense of powerlessness against them... what can one stick figure man do?

well for starters, we can all refuse to work shitty hours at shitty jobs for shitty pay... because we all know that most companies who pull this kind of shit make enough money doing it that they could afford to pay their workers real money for working real hours doing real jobs... but instead we all put up with McJobs like this, because we don't really care about them anymore than they care about us... we're only doing it to work our ways through school or whatever... but should that be an excuse for whoring ourselves out like that?

I say HELL NO! fuck working jobs like that, and fuck shopping at places like that... let them all go out of business due to lack of willing workers and lack of paying customers... such things wouldn't even be as commonplace as they are now if most people had united against them the first time someone tried to pull that shit and pass it off as an acceptable way of conducting business!

as for GameStop in particular, if even only the worst of those accusations are true, they sound far worse than WalMart, the retailer everyone loves to hate, which would make them pretty much the lowest of the low... and I don't mean low prices! if paying their clerks with debit cards and charging them fees to withdraw their earnings isn't illegal, it sure as hell should be!

I think that's pretty much the most outrageous thing I learned from watching all those videos... the rest was no surprise, as unfortunately the majority of the rest does go with the territory of working in retail... it's simply not the sort of job that most people would want to pursue as a career... although some retailers do offer enough benefits to make it reasonably worth your while to stay with the company and work your way up the corporate ladder as far as you can get before retiring and collecting pensions from them...

now as for fair use, if we didn't have a world so full of selfish greedy assholes expecting perpetual exclusivity forever, just because they did whatever first, our courts wouldn't be so tied up with so much bullshit that the things people really should be sued for don't reward the plaintiffs with what they deserve!

sure, the person who was first deserves some recognition for it, but after that... FUCK 'EM! why should they just keep on getting richer and richer from it, while tons of people who had the same or similar ideas that were even better get NOTHING, just because some other asshole beat them to it? FUCK THAT! it's only yet another reason why we have so many huge corporations running amok these days, acting like the whole world owes them the world!

V for vendetta... free yourselves from their slavery... YOU have the power!

[megasdkirby]

I remember that near Sears is a local GameStop (Santa Rosa Mall) and I once asked the manager about a job there (kidding of course, and he knew that since we talk a lot), and all he said was...

"Josh, stick with Sears. TRUST ME."

[Frankie_Says_Relax]

"paperless" debit-card payroll is a very very very common procedure with corporations with millions of employees.

Do you have any idea how much money companies SAVE a year by not mailing out paper payroll checks/stubs on a weekly basis?

Thousands of dollars easily.

And as far as the allegations of "forcing" employees to use these cards or not have any other option ...

... if an employee has a checking account, they can get direct depoist.

If you have a job where you make more than $100 a week, you should REALLY have a checking account, no?

Though, if they don't, they can get the "employee debit account" which is maintained by the corporation's payroll department like a bank account tied to their debit card, and yes, there are charges on cash withdrawls from ATMs ... but seriously, you ALWAYS get charged per ATM withdrawl unless it's your "home" bank.

Even if they got PAPER checks ... if they don't have a bank account ... they're going to have to go to a check cashing facility, which usually charge a hell of a lot more than a $2 ATM fee.

[TonyTheTiger]

now as for fair use, if we didn't have a world so full of selfish greedy assholes expecting perpetual exclusivity forever, just because they did whatever first, our courts wouldn't be so tied up with so much bullshit that the things people really should be sued for don't reward the plaintiffs with what they deserve!

Copyright law exists for two reasons. Some countries focus more on one than the other but both theories keep it going.

1) Because of a moral concept that a person's creative work is an extension of him or herself and he/she should be entitled to that work and all the benefits that come along with it. Likewise, he/she should have the power to decide the fate of the work.

2) To encourage creative endeavors. A purely utilitarian notion exists that argues copyright law is important because without notable benefits creators won't create and thus society would be stifled.

[Lady Jaye]

Now, the videos are being mentioned on wired's Game|Life section. Guess the road to fame is mediocrity, isn't it?

[Poofta!]

Frankie, I feel like I was too hard on you with the whole "pompous ass" thing. I was just coming out of the handicapped parking thread and I was still fuming a bit. Sorry man

Anyway, there's a valid question here. How much can you borrow from someone else's "style" until it's considered copyright infringement. Correct me if I'm wrong, but there's nothing actually "stolen" from a ZP review in these, right? Just the general idea is what is taken.

It reminds me of a case where some potato chip company wanted Tom Waits to do a commercial for them. He refused, so they got a guy that sounded like him to do the commercial. Tom Waits sued, saying that they were ripping off his style and tarnishing his no-commercial philosophy, and Waits won. So it's hard to say how much you can rip somebody off before it becomes a criminal offense.

i dont think any of it is copyright infringement if there is no patent. and afaik you cant copyright STYLE. style is meant to have many similar things under it (ESPECIALLY ART! - did Renoir shamelessly rip off Monet?!)

edit: regarding ID's copyright thoughts: i have to agree, having such strong control over this actually stifles creativity, if someone thinks of a way of improving an existing technology, they are pretty much screwed since they can never bring it to light. likewise as everyone knows these days, patent farms exist for the sole purpose of copyrighting vague prototype-less ideas and just sit on hundreds of them waiting on someone to make something vaguely similar and sue the hell out of them. patents should expire 1 year after file if no progress is made or 4 years if it brings a profit. better products will surface if people dont have to worry about stepping on greedy asshole's toes.