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I still think streaming parts of a game (especially in the context of reviewing/explaining the game), or playing sandbox games, or competitive play are cases where it’s not super obvious which Fair Use tests would outweigh which others (given that it’s a holistic evaluation). You have users who are transforming the work with their play beyond how the creators.

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Even if it was transformative: I can’t just take a book and make a movie based on it right? Neither can I take a video game and make a movie based on that. That would have less of the original content than a stream, yet it’s still covered by copyright

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