The Jimquisition: I Want To Review The Switch But A Dickhead Dev Accused Me Of Violating Trademarks

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A flashier title for this episode would’ve been “Bait & Switch” but I had to dispense with style for something that lays it all out there.

While people are having fun licking Switch cards and Breathing the Wild, your pal Jim Sterling is dealing with another – yes ANOTHER – utter chancer.

Let’s see what the fun folks at STICLI Games did when they tried to accuse a critical video of trademark violation.

Appretaur
Guest
Appretaur

“Look at this arrogantly worded bollocks. Fucking smarmy chumps…!”

Yet… to my untrained eye, the actual wording of all that text looks legitimately indistinguishable from that of any other game’s EULA that I’ve bothered to casually parse, such as World of Warcraft and the like. It’d only look to me like it’s the attempt to post self-serving stipulations that ignore the master rules of the law elsewhere that’s the arrogant part about it. Now, it better turn out that I’m missing something here…

drownedsummer
Guest
drownedsummer

Well Jim even skipped over an error that he could have mentioned. The EULA clearly 3D party videos not 3rd party and due to be something intended as being legally binding that wording is rather important.

HelixShade
Guest
HelixShade

To answer a question you asked on your Youtube Page –

Yes Jim, you should reupload the video. Probably best to show them you’re not afraid, especially since if they are DigiHom levels of stupid, it’ll get laughed out of court.

The Outsider
Guest
The Outsider

Wait, Jim Sterling made the Nintendo Switch Dildo?! Holy shit Nintendo!

Benj
Guest
Benj

BARTLEBY!!!!

TGG put yo-yo on butt and go!
Guest
TGG put yo-yo on butt and go!

Just wondered, why would other critic criticize and mock other critics who care about framerates and FOVs? I can see why that critic wouldn’t care If that’s not the areas they care about, but mock others?

TGG put yo-yo on butt and go!
Guest
TGG put yo-yo on butt and go!

“why would other critic criticize and mock other critics who care about framerates and FOVs?” I meant to say, really screwed up that sentence.

I’ve edited to actually make sense.

galactix100
Guest
galactix100

I think a big issue with games is that many want them to be treated, like films for example, as an art form rather than just a product. The problem is that the elements of a game’s quality as a product such as framerates are more intrinsically linked with the quality of a game as a piece of art than, say, films.

Anton
Guest
Anton

Yeah, but plenty of film snobs care about technical aspects too. The digital vs film debate is a never-ending cesspool of snobbery and self-righteousness.

galactix100
Guest
galactix100
I’m not going to pretend I know anything about that debate but that sounds to me like a personal preference thing that is perhaps not easily understandable where as low or unstable frame rate is easier to notice (at least I think it is and I’m not big into the technical side of gaming) and objectively bad so can impact upon the game as an art. For example, many people will view the combat design in a good fighting game or Souls-like as a form of artistry (I certainly do even though I’m not really a fan of either genre).… Read more »
Anton
Guest
Anton

True, but plenty of people really don’t care. There are plenty of gamers that view anything over 30fps as a completely optional and stupid to ask for. This crowd also tends not to care about ANY technical aspects of a game, and will laugh at anyone who does, regardless of counter arguments; UNLESS, of course, a console that they don’t care for has marginally worse specifications. In that case, they are ALL OVER that shit.

drownedsummer
Guest
drownedsummer

To an extent that reminds me of some of Microsoft’s statements once the specs of the PS4 has been revealed. Suddenly the specs are not important but you know fully well if their machine was more powerful they would have been saying the exact opposite.

galactix100
Guest
galactix100

Look at what MS have been saying about the PS4 Pro. All of a sudden it’s ‘Scorpio is far more powerful, it’ll kick the shit out of any of Sony’s products’.

diamond
Guest
diamond

It does have more power, that’s just a fact.

galactix100
Guest
galactix100

The point was that MS were making out that the console’s technical specs didn’t matter until they had the most powerful machine at which point it suddenly did matter.

diamond
Guest
diamond

And now Sony will probably be singing the same tune.

Anton
Guest
Anton

2013 was the fucking worst. Nothing besides pissing contests over CONSOLE graphical power. And it looks like with scorpio Vs pro, we have Round 2 about to kick off.

diamond
Guest
diamond

2013 was a great year for games.

diamond
Guest
diamond

Well see if Sony says the same thing once the Scorpio comes out, wouldn’t be surprised if they did.

galactix100
Guest
galactix100
Absolutely correct. Although lets face it gamers as a whole seem more concerned with how many of dem sweet grafix a game has and how soon they can pre-order than anything else. A game only becomes art to them if it lets them lord it over others. What I’m thinking about though is when it comes to critique. I’m thinking about whether a game’s quality as a piece of art can be separate from it’s quality as a product or whether the two are too closely linked, rather than people’s personal feelings towards the importance of the technical side. I’m… Read more »
Anton
Guest
Anton

No, no, I get what you’re asking. And my answer would be that there is no one answer; it varies from person to person, product to product. Looking for a unifying answer here is doomed to be a fruitless endeavor, IMO. Art in general is complex and subjective, and art in games is no different.

galactix100
Guest
galactix100

Yeah but video games should be what I want them to be and cater to what I want and expect from them.

Anton
Guest
Anton

Exactly

diamond
Guest
diamond

I personally don’t think 30 FPS, i’m not like Total Biscuit in that 30 FPS is not a dealbreaker for me, i’m more then happy to play a game at that frame-rate even though I know 60 is better.

diamond
Guest
diamond

i’ve had no real problems playing 30 FPS games, I don’t feel like they really negatively affected the combat.

Anton
Guest
Anton

It is a well known fact that anyone with a gaming device that is graphically superior to yours is a basement nerd graphics whore; meanwhile, anyone with a worse device is casual noob scum that doesn’t even play REAL video games. Criticizing people who care about framerates and fov sliders is mostly the former.

Benj
Guest
Benj

I don’t fully understand the difference between Trademark and Copyright in this context…

KevinR1990
Guest
KevinR1990

I always thought someone should wash Jim’s dirty mouth out with soap. Guess he agreed! LIFE HACXZ!!!

Dave Dogge
Guest
Dave Dogge

Lick my airport simulator !

Jiryn
Guest
Jiryn

Suck my cock….pit?

TGG put yo-yo on butt and go!
Guest
TGG put yo-yo on butt and go!

Jim should declare Inter arma enim silent legēs and go full Dirty Harry on these devs.

Jiryn
Guest
Jiryn
As Leonard French put it, it’s a “Contract of Adhesion” which heavily favors one side, while offering little to nothing for the other. While not illegal, these contracts are usually laughed or thrown out of court. These contracts also cannot supersede federal law, no matter how much they try. This was actually discussed a couple weeks ago involving Nintendo and their original EULA/TOS which supposedly said you cannot publically display their games, you were merely licensing the game on the cartridge/disc from Nintendo.. etc etc. Though I could not find any proof of this EULA while reading through every Mario… Read more »
The Outsider
Guest
The Outsider

Cross Days’s anti-piracy shaming was only active in Japan. Not internationally. That’s how they got away with it.

Jiryn
Guest
Jiryn

Thank you.
I assumed that, but it feels like even then it should be illegal.

RifleAvenger Sashiro
Guest
RifleAvenger Sashiro

Huh, care to share the Earthbound ones? I know a friend who played it on a ROM and never had any issues. Was this just for the original cartridges/Mother 1&2 collection?

Jiryn
Guest
Jiryn
Earthbound/Mother 2 had lots of traps and layers of protection, becoming more and more aggressive as you get further in the game. #1. Checks to make sure your game is being played in the correct region, and will lock you out if your not #2 Checks to make sure your game is legit, and freezes if it detects it is not #3. Game spawns up to 5x more enemies per screen, making the game quite a bit harder and more tedious. People actually turn this on to power level now #4. No one knows what it does, but found it… Read more »
George
Guest
George

Thanks for the switch info though.

And that fucking dev can fuck off…

Nobody's Fanboy
Guest
Nobody's Fanboy

One thing I noticed in that e-mail…the thread included that even if you did play ball with them, they were going to apply a copyright strike.

Shui Gor
Guest
Shui Gor

Please make a T-shirt that says “Learn some discipline…or be disciplined”, Jim. You could make a merchandise killing with your Jim-isms.

George
Guest
George

They’re words to live by.

iThinkMyCatIsAFlea
Guest
iThinkMyCatIsAFlea

And in.

Mauricio
Guest
Mauricio

Jim Sterling bdsm gear!

😛

Artemiy
Guest
Artemiy

I said it on Reddit before and I say it again.
We need to collect all the “Jim-isms” and put them into some Gospel of sorts.

Appretaur
Guest
Appretaur

Most probably wouldn’t get what I’m referring to when I say that it feels like Jim has had to deal with all three of the Balam Alliance in a matter of weeks…

Terriosaurus Hex
Guest
Terriosaurus Hex

Erm…
STI
CLI…?
Sexually transmitted infections? Wut? What’s the CLI part then? Condom’s Lost Integrity?

So the Nintendo Switch conheld is rated a trademark violation out of ten…huh? I don’t understand this new system, Jim! Is it better than uncharted 4??

Jochem Sev
Guest
Jochem Sev

Command Line Interface.
So, Sexually Transmitted Infection Command Line Interface.
Installing it gives your computer herpes.

Madd the Sane
Guest

From their IndieDB page: “The name STICLI originates from two Intel processor x86 instructions: STI (Set Interrupt Flag) and CLI (Clear Interrupt Flag).”

That said, the page does make them sound a bit pretentious.

Muddy Scarecrow
Guest
Muddy Scarecrow

Ok when the hell did this Switch Cart licking thing even become a thing!? Who the hell is going around licking their video game cartridges to find out how bad they taste!? I just now licked a DS cart for the first time and that’s ONLY because of all this madness. And for the record it didn’t taste like anything. It’s just plastic. Seriously everyone’s complaining about how bad the Switch ones taste like that’s a real criticism of the Switch when you’re not supposed to think about having those things anywhere near your mouth.

SaburoDaimando
Guest
SaburoDaimando

You can thank the news over how bad the carts taste.

Jochem Sev
Guest
Jochem Sev

Nintendo put something on the Switch carts, something that is similar to insecticide, something that tastes extremely bitter. This is mainly to prevent toddlers from trying to eat them.
Guess some people found out about it and became a ‘thing’ for some idiotic reason.

iThinkMyCatIsAFlea
Guest
iThinkMyCatIsAFlea

Someone should put it in a glass of gin to see if it adds flavour.

MrInsecure
Guest
MrInsecure

It became publicly known that Nintendo put a bitterant in its cartridges to keep kids from swallowing them. In the grand tradition of Fear Factor and Your Friends From College, that meant that every game journalist now had to personally confirm this by shoving Switch cartridges in their mouths.

Muddy Scarecrow
Guest
Muddy Scarecrow

So not only is the horrible taste intentional, but people are now doing the very thing Nintendo was trying to prevent. …This fucking species I swear to god.

George
Guest
George

I’m not gonna lie…I’m tempted.

Muddy Scarecrow
Guest
Muddy Scarecrow

So am I. I mean I actually licked a DS cart just now. But then we’re just proving ourselves worthy of the next extinction if we do!

DJ OakeyDoakey
Guest
DJ OakeyDoakey

HEY GUYS COME HERE!

They put this new guard rail on this bridge, lets test it out!

amb
Guest
amb

I tasted my breath of the wild cartridge already. I only licked a corner, but I didn’t want to risk ruining the $60 cartridge I’ve waited over five years to buy, but it was very gross. Even the little section I tried was very, very strong.

Chris
Guest
Chris

Isn’t it a well documented psychological thing? You see a wet paint sign and immediately want to put your hand on it? Someone farts and announces they farted, so you take a whiff and gag to confirm it? It’s nothing new to be honest. Let’s call it human stupidity factor.

Uldi
Guest
Uldi

Because a lot of ‘internet personalities’ are like lemmings, chasing the latest trend to get views or likes or whatever the fuck it is they’re after.

drownedsummer
Guest
drownedsummer

Laura has stated they taste horrible and let’s not ignore Laura made herself vomit on a podcast. The thing with it is while I see the logic behind I would have thought there is the risk of someone have an allergic reaction to it which is possible problem for Nintendo surely.

Chris
Guest
Chris

I’m not sure… The bittering agent is very widely used in other products so I imagine it’s safe.

Jochem Sev
Guest
Jochem Sev

“Imagery Content” is trademarked?
That whole game looks like it’s made from bought assets. And as you can’t trademark another person’s intellectual property, they can’t trademark the Imagery Content. So, how they ever think that they can uphold that trademark is beyond me.
Of course, if they made all that assets themselves, please do prove me wrong, but by the looks of those menus, I cannot imagine the UI and airplane models being made by the same people.

Anton
Guest
Anton

LYF HAXXX

Alex Wheatley
Guest
Alex Wheatley

Oh no! Jim, it sounds like you’re well on-track to giving Breath of the Wild a 9 or 9.5! How will you survive the fury of the Nintendo fanboys?!

diamond
Guest
diamond

Sounds more like he’ll give it an 8, which as we know will cause Zelda fanboys to throw a tantrum.

Alex Wheatley
Guest
Alex Wheatley

No no no. A 9.5 would make them throw a tantrum: an 8 would cause them to literally explode in a mess of gore at the unconstrainable rage.

Masca
Guest

8.5, literally the same game as Quantum Break and Uncharted 4.

galactix100
Guest
galactix100

I would laugh my arse off if that happened but from what Jim said I’m guessing it’ll be around a 9 maybe 9.5.

InfamousDS
Guest
InfamousDS

I hope Jim gives it and the Switch a high score just to piss you off.

diamond
Guest
diamond

Oh I won’t be mad about it at all, but i’m sure the Zelda fanboys will find something to complain about(for them a 9 is too low), they always do.

InfamousDS
Guest
InfamousDS

See, you say that now but you’ve been bitching about Nintendo since November and proclaiming everything they do to be shit. Jim’s few episodes activated your overwhelming confirmation bias, and if he doesn’t tow the line (like the open worlds episode), you lose your mind.

diamond
Guest
diamond
You’re not psychic, so you don’t know for a fact what i’ll think about Jim’s review. I couldn’t care less if Jim loves the game, I won’t get upset(and like I said you have no way of proving that I will) but i’m sure the fanboys will find something to complain about, they always do. I do not “lose my mind” at all towards Jim himself, just the idiots that blindly defend Nintendo’s bullshit Youtube policies. I never said “everything” they did was shit, that shows you have not been paying attention. I quite enjoyed some games on the Wii… Read more »
InfamousDS
Guest
InfamousDS
I don’t have to be psychic to know how you have behaved in the past, and will likely behave in the future. People have the potential for change, but not drastically and not quickly. You also have shown a staggering lack of self-awareness, often denying you’ve done and said something or looking at the event through lenses which depict you as the victim and justifying your gross over-reactions to others. Tell me: Is it not “losing your mind” to systematically refute or argue with almost every single point made in a podcast where you are a third party to the… Read more »
diamond
Guest
diamond
Not really no, you are taking nonsense, i’ll bet you’ll feel pretty silly when that Zelda review comes and I act completely calm about it, forcing you to eat crow. Wasn’t losing my mind at all, i’m just passionate when it comes to debating about certain things and i’m far from the only one to do that. There were days on Reddit where TotalBiscuit would spend the better part of a day going back and forth with some users. Why would I ever “bow out” of a conversation just for stating my opinion? Never gonna happen. I don’t have a… Read more »
InfamousDS
Guest
InfamousDS

I’m not even going to read this, as I can only assume it is more “I didn’t do the things you said I did, here’s some examples of me not doing them right now as we speak.”

Instead, I’ll just leave. Like I said you should do more often.

diamond
Guest
diamond

That’s where you’d be wrong actually.

Not gonna happen, i’m not going anywhere, I can only assume you’re not reading it because deep down you’re afraid that I might be right and you might be wrong.

InfamousDS
Guest
InfamousDS

No, I’m not reading it (I did read this though) because you have no credibility and you bore me now. I deal with enough stubborn people who sincerely believe they are always right and in the right in real life. Be damned if I’ll do it on a place I go to escape that bullshit.

diamond
Guest
diamond

You have no credibility yourself, talk about the pot calling the kettle black, you’re boring me.

You started all this, too bad you don’t have the stones to finish it.

InfamousDS
Guest
InfamousDS

I’ve had the exact same complaints and arguments for more than 6 months about your behavior. You’ve acted almost exactly the same way for well over a year, before I ever complained.

There’s nothing to finish, because you refuse to change or accept criticism. Attempting to finish is an idiotic task and a fool’s errand I have no more patience for.

diamond
Guest
diamond
You started this fight yourself and you’re too lazy to read one post I made, so I think it’s clear who’s in the right and who’s in the wrong here. I have changed and accepted criticism(I no longer make multiple posts in Podquisition threads) but of course I would expect you to notice considering you’re so lazy you can’t even read one post. Going after me for my comment the way you did was the really “idiotic task” and “fool’s errand” I have no more patience for fools like you who think they are always right and everyone else is… Read more »
Chris Schwartz-Brown
Guest
Chris Schwartz-Brown
I love the complete lack of self awareness, “I only insult people who deserve it for attacking Jim.” When within the last 48 hours or so he’s called me an idiot, a cock sucker, and an asshole for disagreeing with him politely on the issue of Bolivia and Ubisoft, something that Jim hadn’t spoken on at all so I couldn’t be attacking him. But then what do we expect from the kind of fragile, typical ‘gamer’ who doesn’t understand it’s homophobic to call guys cocksuckers and to put them down by telling them to go back to sucking cock. And… Read more »
drownedsummer
Guest
drownedsummer

There’s passionate and then there’s insulting someone for little obvious reason beyond them just disagreeing with something you’ve stated.

diamond
Guest
diamond

I tend to only insult those that insult Jim for no reason(I.E. the guy accusing Jim of violating copyright).

drownedsummer
Guest
drownedsummer

And what of the other occasions where that has not been the subject matter and you started insulting the other person involved for little more than disagreeing with your viewpoint.

diamond
Guest
diamond

Never done that.

Chris Schwartz-Brown
Guest
Chris Schwartz-Brown

You’ve literally done that to me multiple times in the last week. You called me a dumb ass and a cock sucker for disagreeing with you on Bolivia’s complaints to Ubisoft. You, as always, threw the first punch when the rest of us were talking about an issue. Because you don’t argue, you call everyone else gay and smugly declare victory.

drownedsummer
Guest
drownedsummer

I can point you in the direction of discussions where you have done that.

diamond
Guest
diamond

LOL

galactix100
Guest
galactix100

Doesn’t he know it’s confirmed as the most perfectest game evar. I hear it even got a 12/10 from one place.

Benj
Guest
Benj

I can’t take praise of a Legend of Zelda game seriously. I feel like every Zelda game is just grandfathered into a 10/10 but most outlets at this point.

SilentPony
Guest
SilentPony
Anton
Guest
Anton

*Purging intensifies*

Polishfury5000
Guest
Polishfury5000

The fallen shall forever be remembered as the Jimperor’s finest.

Bilateralrope
Guest
Bilateralrope

They think they come to cause Jim problems.

Instead they bring gifts.

HelixShade
Guest
HelixShade

I just found my new Desktop Wallpaper. Thanks mate.

galactix100
Guest
galactix100

Jim, we need a show that’s just life hacxs. That air guitar alone was enough, reminded me of Bill and Ted.

Rachel McVeigh
Guest
Rachel McVeigh

Indie dev tries to enforce a non existent trademarks – that is a new low.

also thanks for the tip about soap, I’ve been using it for the past 3 minutes and would recommend it to anyone. It’s the best life hack I’ve ever heard.

Jamesworkshop
Guest
Jamesworkshop

They won’t consider licking the carts if you don’t tell them that they taste bad.

https://uploads.disquscdn.com/images/62830f70325513d2cda2543e45917bde037373c69e7863560032e60c4264d7d8.jpg

Kyle Pierce
Guest
Kyle Pierce

I read that as “licking the farts” at first.

Bilateralrope
Guest
Bilateralrope

I wonder what the first thoughts of Jim’s lawyer were. Easy money or a simple WTF ?

Jochem Sev
Guest
Jochem Sev

Yeah, those ‘trademarks’, they aren’t registered in the EU or US. So they are enforcing non-existent trademarks.

Dragongelf
Guest
Dragongelf

I’ll have you know that I have a trademark on the letter U(tm).

You are going to have to take down this comment and request my approval before reuploading it or I will be forced to take legal action!

That’s how this works right?

Wolfie
Guest
Wolfie

Excuse me, but I have trademarked the trademark ™(tm).

I request you make the appropriate changes to your comment or I will pursue solutions through the court.

wpDiscuz