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Of privacy and streaming (serious legal chat)

Supernaut
Supernaut Member Posts: 1,547
edited January 2020 in General Discussions

Hello,

I was triggered by something I read here the other day, about stream sniping. I was glad he was sniped, as there was no consent from the other player for their game to be streamed.

I had had a game a couple of days prior where I had been mercilessly taunted by a 4man SWF in game and then post game, telling me I had been streamed throughout.

In this new world of GDPR and digital privacy, does anyone know of where this would sit? I am leaving lobbies if there is any indication of TTV, as I do not want to have my private personal downtime broadcast to the world.

Tagged:

Comments

  • Watery
    Watery Member Posts: 1,168

    Unfortunately, I doubt anything MAJOR comes from this offense. The best thing you can do is ignore it, and carry on with your life. I promise you, bad games/getting destroyed is completely normal; and it happens to all of us.

    When you play video games you have the chance of being streamed, but that’s just one of things about being online. You can report the people who were mean to you, but in terms of overall legality this isn’t worth the fuss and probably wouldn’t be worth it.

    My best regards to you, however. I understand that this is inconvenient, but streaming is something that unfortunately we all have to face, regardless of how well we do.

    The best thing you can do is take this as a lesson, sure you’re on their VOD, but it’s only one game which doesn’t even matter in the grand scheme of things.

    Keep your head up and keep practicing, but failing is always apart of the learning process.

    Also, I’m no way informed to give you legal advice, but just based off of streaming itself in video games, I doubt anything could be done for it just in terms of common sense.

    TLDR: Sorry, I don’t think that’s necessary when this happens in many other games; keep your head up though, failing is apart of the learning process.

  • TAG
    TAG Member Posts: 12,874

    I am not a lawyer or legal expert in any way, but I don't see how there would be any way to enforce rules forbidding streaming other online players you are playing with who don't want it outside of just forbidding streaming online gameplay in its entirety.

  • Fibijean
    Fibijean Member Posts: 8,342

    You could potentially enforce a rule that requires them to not reveal other people's usernames on their stream. At least that protects them from being targeted by the streamer's rabid fans if something goes wrong ingame.

  • TAG
    TAG Member Posts: 12,874

    In some games, that is possible. In others (like, say, a game where the username shows up in multiple spots or even worse, it hovers around with a player character), it would be way more difficult.

  • Fibijean
    Fibijean Member Posts: 8,342

    Hm, that's true. I imagine the only way to reliably do it would be for either the streamers or the streaming platform to use some kind of technology that automatically detects and blurs any words on the screen. Which I'm sure is technically possible, but I'm not sure how easily accessible that kind of software would be.

  • TAG
    TAG Member Posts: 12,874

    To be fair, I think such technology is more of a when than an if. I could imagine reaching a point where that actually becomes possible.

  • Fibijean
    Fibijean Member Posts: 8,342

    Oh yeah, absolutely. I'm just not sure if it's feasible right now.

  • oxygen
    oxygen Member Posts: 3,387
    edited January 2020

    I'd imagine more and more games will have "Streamer Mode" options. And of course they help the streamer avoid getting sniped as streamsnipers can't as easily confirm they got in their match, but since it often replaces everyone's names with anonymized alternatives it hides the "identity" of other players too.

    That's honestly the best options. Doesn't hurt anyone (except for streamsnipers I guess?) and doesn't involve punishing people.

    EDIT: Even though for DBD a "streamer mode" should probably obscure real usernames + make everyone appear as default outfit characters in the pre-match lobby to actually make it work. Streamers that use such a function to avoid + discourage streamsnipers probably won't have t.tv/epicgamertime as their steam name at least as that would defeat the entire purpose 😄

  • AshleyWB
    AshleyWB Member Posts: 4,061

    Maybe BHVR could give an option to hide username for players wanting privacy. The name wouldn't show it'll just show "Feng Min" or whoever you're playing in the status bar.

  • Carpemortum
    Carpemortum Member Posts: 4,506
    edited January 2020

    Uh, you're playing a public game, online, that you agreed with ToS for. It's like asking to not be photographed when you go to the store. There is a certain level of expected privacy loss when you enter public spaces. An online game is one of those.

    The only thing that COULD help, but I wouldnt say is legally required at all, would be a streamer mode, where your name is randomized or a generic "Player3" tag.

    Smite has this, it hides everyones name by saying for example: "Odin2" "Sobek1", etc. But it covers OTHER peoples names, not yours, and the killfeed still shows names....so it's less than ideal.

    Other than that, you have no way to reinforce it. Because you're playing an online game, with other people.

    If people message you, or try to harass you, report them, or just block messages while playing.

  • Stompa
    Stompa Member Posts: 154

    you are asking this on a forum of a publisher thats is owned to 20% by tencent, like the give a damn about personal data. i may remind you that not long time ago they snuk redshell in their game aswell until it got illegal.

  • Mrs_Fairfield
    Mrs_Fairfield Member Posts: 125

    We've all signed away any rights we may have had in unread user agreements by now.

  • Supernaut
    Supernaut Member Posts: 1,547

    Thanks for the Input on this.

    I game by a different name to the one I use here, but it's just something that's got me thinking. I don't really care as much as to follow anything through, but while I have signed god knows what with BHVR in DBD, I have NOT authorised any use of me/my material/likeness/etc with Twitch, or the team the other day, as I'm sure nobody else who has their gaming streamed.

    For example, what do the people that some of the big Streamers see out of the Sponsorship monies they get, despite getting their asses handed to them in content that is seen by 100s of thousands of people?

    I'm more looking at the can of worms that the Streaming companies and Streamers are holding, than DBD itself, so maybe this is in the wrong forum?

  • Supernaut
    Supernaut Member Posts: 1,547

    Hi, not sure where you are in the world, but in Europe, it is against the law to take someones picture in a store and use it, other than for security. Which is pretty much the point I'm trying to make.

  • ClickyClicky
    ClickyClicky Member Posts: 3,536

    You’re right and I’ve been discussing this with people myself recently. Streamers complain about stream sniping and I get why that is frustrating for them but they record everyone without their consent. Some even upload humiliating videos to youtube. Granted most don’t name and shame but names are often not edited out.

  • ReallyBigShoe
    ReallyBigShoe Member Posts: 764
    edited January 2020

    When a streamer streams their game, they run the risk of being stream sniped. They knew when they started streaming that was a heavy possibility. If they don't like it, they can stream a different game.

    On the flip side when it comes to "consent"....I'm sorry - that's nonsense. You do not require consent from a player to use gameplay that has them in it. Period. It's a public online game. If you don't want to be in someones footage, play something else. Period. That's like all those nerds who demand people not put youtube videos up with them in it, even though they are on public property and it's perfectly legal.

    Your point is broken. This is an online game. Not a store. It's an online service dictated by BHVR. Not by you. It's not a private business. It's public matchmaking. Their face is not showing, there's nothing to tie their identity to it. Apples to oranges. You have zero legal rights to someone elses third person view of your avatar in a video game. If you want to dodge streamers, fine, but you have no legal right to it.

  • ABannedCat
    ABannedCat Member Posts: 2,529

    Putting a * before your name automatically makes your name appear in a random sequence of 3 numbers in Dbd.

    So like:

    *Supernaut = 123

    Obviously that doesn't stop the streamer from screen-capturing and showing your Steam ID, but atleast its something.

  • Seanzu
    Seanzu Member Posts: 7,525

    I screenshotted this and tweeted it out, I hope that's ok :)

  • ReallyBigShoe
    ReallyBigShoe Member Posts: 764

    Steam has privacy options. If people choose not to private their profiles, that's their problem.

  • Xetoil
    Xetoil Member Posts: 94

    I'm not a GDPR laywer but I have run into it a few times due to various jobs I've been involved with.

    GDPR is not so much to do with being recorded etc, it's to do with maintaining a database containing data on a person without their consent, past the point where that data has fulfilled its collection purpose. For example you might want to scan the passport of someone staying at your hotel for the duration of their stay, but once they have gone, you cannot justify holding onto that image indefinitely. This is the kind of data to do with first name/last name/address etc. Images also count, but I don't believe it extends to in-game user names, although an argument can be made about Steam ID's when compared to something such as license plates or credit card numbers.

    Also to the best of my knowledge, most of the stuff that you consent to when you use online software won't stand up in court, past justification to ban you from playing if you broke the rules and were then stupid enough to take the developers to court over being banned.

    To address your point about the unfairness of monetizing streaming, streaming is a lot more than just recording and presenting gameplay footage. Is it fair that other players involved are not compensated? Maybe not, but their input in proportion to the host is menial at best, considering regular players do not carry over from game to game, and that money generated from a stream is done so via contracts between the streamer and consumers, and not gifted by a participation body. I don't want to get into this too much because if we start talking ethics I will literally write you a wikipedia article, but the game could definitely benefit from more privacy options at present.

    I'm sorry you had such a terrible experience with some horrible people online, but in a case like this, there seems very little you can do unless it somehow blows out of proportion and you are being harrassed or doxed, and lets hope it never goes that far.

    I guess a good first step on this issue as it pertains to DBD specifically is for people to start requesting more privacy features.

  • TAG
    TAG Member Posts: 12,874

    DBD was a game I had in mind when describing the issue, yes. :P

  • AsePlayer
    AsePlayer Member Posts: 1,829

    I thought so haha. You're absolutely right on that. Unless BHVR implements a streamer mode where all usernames get blanked out. That could be pretty neat.

  • Seanzu
    Seanzu Member Posts: 7,525

    Your character in a game is not you, doesn't look anything like you, and cannot be tied to you, this post is a little bit ridiculous.

  • TAG
    TAG Member Posts: 12,874

    Maybe. Perhaps Streamer Mode could have all names changed to Killer and Survivor character names (with numbers to denote duplicate Survivors).

  • Supernaut
    Supernaut Member Posts: 1,547


    It appears that my comment has been taken out of context; just to clarify, the Store Picture thing is a reply to @Carpemortum s point, saying that stores can take your picture whenever they want, and to say that that was against European law for them to use it without good reason... I was not likening this to the point of my thread in any way.

    Some very interesting points here and thank you @Xetoil , as this is exactly where I am coming from. I've been at a company that's gone down the drain due to GDPR implementation and this other thread and above has gotten me thinking how it relates to online gaming.

  • Xetoil
    Xetoil Member Posts: 94
    edited January 2020

    @Supernaut

    You're welcome mate, happy to help.

  • Supernaut
    Supernaut Member Posts: 1,547

    As per my above, I was explaining EU privacy laws and not likening this to my thread.

  • Carpemortum
    Carpemortum Member Posts: 4,506

    In USA.

    Also I didnt say the store takes your picture. I'm saying if you went out to the store, or movies or whatever, and someone is taking a family photo, or doing a video recording for news, or personal records, etc, and you happen to be caught in it, you cant request them to ask consent unless it's something that's going to be aired on tv or the like. Then, the company itself will ask you for a release of your face, so that they avoid people trying to sue them for money later.


    But a kid and their mom snapping a pic and you get caught in it? Nah.

    Theres an expected level of loss of privacy when you leave your own home. That's my point.

    How the law handles different levels of that privacy being disregarded, or where the laws are based in is almost irrelevant.