Borderlands 3 and Leakers

Nintendo can do this because they aren’t an american company and japanese laws basically have no fair use. 2k however has to obey to the fair use lawas fully and yes, they have more than enough to kill off SupMatto’s channel. I know that by now this thread has been quite a long read, but if you read through it, you will see that literally half of us (if not more) already said that SupMatto has had it coming. This isn’t the issue or even that debatable tbh.
The problem is the way 2k handled it, how they are straight up lying about his Discord server and how they try to make it sound like he was the leaker. He was the reporter that got info from the inside, but he himself never even tried to leak something himself. He even said countless times that he could not do most of the SteamDB stuff as he isn’t a coder. 2k and Take-Two have legal ground to go after him or else they wouldn’t have done it. And now 2k is basically killing a fly with a nuclear explosion in a manner that seems suspisious. I don’t blame anyone for seeing SupMatto as guilty, because he is, but even a guilty man has the right to go down in dignity.

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You’re talking like the hate comes from nowhere. Take-Two have lied to our faces in the past (saying they’re not interested in exclusivity deals), they’ve already sent private investigators to modders’ homesteads, they’ve pulled some nasty ■■■■■■■■ and as a result they’re not very trustworthy.
Meanwhile I have no record of SupMatto lying about anything or doing anything that could be considered ethically questionable.

Say what you want about YongYea but he reports accurate information, he never lied by omission or reported false information, he just points out how shady these companies are and people hate on them because it’s deserved. It’s not manipulation, it’s journalism.

I’m not going to repeat myself : SupMatto’s videos fall under Fair Use. The DMCA claims are illegal. And don’t deny the fact that sending people to your house with your wife and kids inside is intimidating as hell. These people went out of their way to find SupMatto’s personal information and payed him a visit on behalf of a billion dollar company. There’s enough to be scared to the point of going dead silent for 2 weeks and speaking to lawyers.

You honestly sound like you’re defending 2K, even if you pretend not to.

But it doesn’t make it right. Sorry if you weren’t assuming it was, I’m just saying.


Don’t worry. SupMatto knew about the risks and what it can bring to his door (literally -.-). But there is a difference between “serving what’s right” and “kicking someone that’s already down”. And 2k did the latter.

Edit on fair use: its not that easy if we’re talking about material that got public before the game itself got announced. I don’t know the in’s and out’s, but it isn’t quite the same to report on a game that isn’t even announced yet and reporting about stuff that surfaced from a known games’ development. Especially if they try to use the “damaged marketing”-excuse.

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YongYea consistently reports accurate information in a non inflammatory way l, not sure why that’s an issue…,. Numerous journalists are “biased” against Randy Pitchford for his many lies, but more for the vindictive nature by which he attacks critics. The issue here is not Gearbox though, but Take 2 and their actions which so far have been reported accurately, though some channels have begun the fruitless speculation game. People who report accurate information on their own and conform to journalistic standards (YongYea, Jim Sterling etc.) are journalists. The repeated shadiness and industry cheerleading by mainstream traditional outlets like IGN and Kotaku are why many of us go to them (YouTube games journalists) for news.

Many of us here have repeatedly said that we don’t know all the information regarding SupMatto, but we have learned accurate information that puts Take 2 in a bad light and we have learned through the actions of AAA publishers over the last 10-20 years that they cannot be trusted.

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No one should ever be at risk of having non-law enforcement private investigators sent to your home over fair use game videos. This really shows how mafioso 2K/TakeTwo really is.

Once again, it is not SupMatto’s fault that 2K/Gearbox/TakeTwo leaked the gameplay on their own accord and volition.


I was about to say that. Once information is leaked due to them screwing up it’s not private anymore, no matter what Take-Two says. They should focus on the internal side of things to make sure they don’t leak information anymore instead of viciously attacking a small content creator.


But the Fl4k gameplay wasn’t even where it started. They said that SupMatto was investigated for 10 months beforehand, which fits pretty well into his pre-announcement-reports. When it comes to the investigators: Its not just shady, it’s imoral, but it is not illegal and that is where they (Take-Two/2k), for a court, just used their right to investigate. The psychological aspect won’t become relevant unless SupMatto makes it so. That is unfortunate, but the reality of it.

As I said if SupMatto really engaged in illegal activities they wouldn’t have sent private investigators, or done any of this ■■■■. They would’ve just immediately dragged them to court with their corporate lawyers that know the law better than we know ourselves, and would’ve just handled the situation in a much cleaner way. Here it just looks like they couldn’t do that so they’re trying to find anything to destroy this man’s livelihood (lying about Discord and possibly other stuff, abusing YouTube’s broken system by bombarding his channel with false DMCA claims, hiring people to find out where he lives and ask him questions).


But the Fl4k gameplay wasn’t even where it started. They said that SupMatto was investigated for 10 months beforehand, which fits pretty well into his pre-announcement-reports.

You don’t find that to be extremely convenient?

Besides, as Enderborn1 has said, if it was illegal, they would be operating withing the bounds of the court and law. To steal his words, it would have been much “cleaner” than this slanderous attempt to destroy SupMatto’s name, brand, and livelihood through smear articles, indiscriminant DMCA claims, and non-LEO agents acting as interrogators.

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Is it a given? You may believe that something is a fair use, but copyright owner might strongly disagree and would like to talk to you, especially if they are in the process of investigating internal leaks or whatever. PIs are not illegal either, right?

As a thought experiment, imagine you stumbled upon actual top secret information and decided to make a YT video about it. Please don’t act surprised when well dressed people from various 3 letter agencies suddenly become very interested in interviewing you.

P.S. I strongly suspect number of lawyers commenting on this thread is very close to zero. This includes myself, of course.

It is very much possible that SupMatto wasn’t the primary target. But if they investigated for 10 months already and could not get a hand on the source, then they might have had no other choice. Not enough evidence to get the cops going, but enough money to pay PI’s. And maybe SupMatto himself gave the PI’s enough in info, that they had enough to go after him? Just speculation, but it might be possible.

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I don’t need a law degree to recognize BS when I see it.

Sorry but no. Making videos based on video game content is NOT fair use. You are using imagery/audio from someone else’s work. A company has every right to take down your content if they want to. You don’t own the right to record yourself playing a game and put in on YT to make money.

The reason few companies ever strike a channel is because 1) it’s free advertising/promotion for them, and 2) they would have a PR nightmare if they ever did, as evidence by this whole SupMatto fiasco. Therefore, they would only do it if they felt they had good reasons to do it.

As far as YongYea, he is biased as all hell. Literally every other video he posts is “derpa doo microtransactions BAD”. He just fans the flames. As far as his “accurate” reporting, he literally just reads articles other people wrote. It’s basically plagiarism. He also cherry picks those articles, and has a clear bias on things when he actually interjects with his own opinion.

Sorry but I’m not going to buy into this kind of pitchfork mentality BS. I sit and wait for the full scope of information to be released before I make judgments. I’m still going to buy Borderlands 3 because, as has been pointed out, this is mostly an issue from the publishers and not the developers. Keep in mind that by boycotting the game your hurting the little guys, the people who actually put in years of their life to create the game, more than you are hurting the publishers who take the lions share of revenue anyway. What would end up happening is 2K makes most of it’s money back from investments into BL3, then shuts down Gearbox or forces them to downsize. That means people lose their jobs, because a bunch of gamers were overly emotional.


I would absolutely LOVE to “wait and see”.

However, while we “wait and see”, and man’s livelihood, brand, name, and love for the franchise he so often hyped has been dragged through the mud.

This is not “pitchfork mentality”. It’s standing up against wrongdoings.


In the event that someone from the inside was sharing private information, then yeah probably. But if so then I don’t understand attacking SupMatto instead of focusing on whatever information breach they have on the inside. It just makes the entire situation even more stupid honestly. :man_shrugging:


(oops, sorry for the double post)


Not at all. Inside sources often are cautious enough that they just cannot be found without help from the other side of the information. 10 months of investigation is really long on something like this, so it might be possible that 2k/Take-Two were just out of options and took SupMatto.


Yeah you’re right actually. It’s highly unlikely.

Sorry if this was just meant in general.

That’s the thing he just TALKED about his information. The things 2K/Take 2 claim are about a stream that was unintentional visible for anybody. He just had phone quality pictures of the thumbnail.

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LOL there is nothing illegal about hiring private investigators to research something. In fact that’s how a lot of things like this are handled, because the police literally won’t do anything unless they are looking to arrest someone, and they won’t be looking out for the interests of a company that’s for sure. So you have to hire a PI to gather information that can then be turned over to police that can take legal action.

And the PI’s didn’t do anything illegal either. They came to his house, knocked on his door, and asked some questions. They didn’t break into his home and hold him at gunpoint to tell them stuff. They didn’t trespass on his property (unless he has a gate around his property with a sign that says “no solicitors/trespassers”). They did what is reasonable for a PI to do, INVESTIGATE.

Also there was nothing slanderous towards Sup Matto. They kept all this private until HE MADE A VIDEO. Then they had to release a statement to explain the situation from their perspective. Had he never made the video they never would have made a public statement. Simple.