Day One: Garry’s Incident Dev Flags TotalBiscuit’s Video For Copyright To Presumably Repress His Criticism

Day One: Gary's Incident

Disclaimer: Indie Statik is associated and partnered with Polaris and its parent company, Maker Studios, which TotalBiscuit is also a key content provider for.


UPDATE: It has been brought to our attention that Wild Games Studio has issued the following statement in the Steam forums by “Stephane” about this situation. It reads as follows:

“We protected our copyright because Total Biscuit has no right to make advertising revenues with our license.”


UPDATE 2: TotalBiscuit has uploaded a video further explaining the situation from his point of view, which also shows an email used to contact Wild Games asking for a code for Day One: Garry’s Incident specifically so that a monetized video could be created using their license.


Taking criticism isn’t easy in any form. Most of us have learned to deal with it like adults and to try to learn something from it, or ignore it if that’s more appropriate. Not Wild Games Studio, though, it would seem. Wild Games released their first-person survival game, Day One: Garry’s Incident, about a month ago. Like every indie game developer, they were keen to have influential people play the game and spread the word about it.

Wild Games sent codes out to those they wanted to have a look a look at the game so they could offer their opinion to their audience. One of those people was YouTuber “TotalBiscuit,” who then proceeded to play Garry’s Incident and critique it in his video series, “WTF Is…” In the video, TotalBiscuit describes elements of Garry’s Incident as “horrendous” and “awful,” particularly the game’s framerate, saying that “the game does run dreadfully.” He then continues to detail further problems he found with the game.

You can watch that video at the following URL: https://www.youtube.com/watch?v=KjTa_x3rbJE. Oh, what’s that? You can’t? At least, at the time of writing, you can’t. Instead of the “WTF Is…Day One: Garry’s Incident” video that should be there, you’ll see a message that reads, “WTF Is… – Day One… This video is no longer available due to a copyright claim by WildGamesStudio.”

The video has been copyrighted by Wild Games Studio, the developer of Day One: Garry’s Incident. Why would they do that? Even bad publicity is publicity, right?

Day One: Gary's Incident

While Wild Games have given no official statement regarding the reasons as to why they flagged TotalBiscuit’s video for copyright, there are dots that we can connect when guessing as to why they would have done it. Presumably, they watched the video, weren’t happy with all of the negativity issued towards their game and decided to use YouTube’s copyright infringement policy to get it taken down.

TotalBiscuit was keeping quiet about the video being taken down, until it appeared on Reddit, at which point he decided to tweet the details of what’s going on from his point of view. Here’s his series of tweets:

Well, cat is out of the bag since someone on Reddit found it. My Day One: Garrys Incident video was copyright flagged by the devs

I should point out that this is a game I was sent review code for, it was also the top-ranked video on Youtube for that game.

It is fairly obvious what they are doing here, abusing Youtubes copyright system to censor criticism of their product.

This happened 2 days ago, we contacted them for an explanation and have heard nothing. Giving them til Monday to respond before goin nuclear

It should be pointed out that US Fair Use doctrine exists in particular to protect criticism from being censored in such a way

It is a pro-consumer doctrine and with good reason. Maker and Polaris will come down on them like a ton of bricks come Monday.

Long story short. Dev sends code, code used to make critique, dev dislikes critique, dev abuses system to censor critique.

Its annoying that this had to come out, we were trying to solve it privately, but hey, copyright claims are public viewing on Youtube.

If I’ve seemed a little grumpy over the last few days now you know why. Dev attacks my livelihood for doing my job, silently fuming for days

As you can read in those tweets, it seems like TotalBiscuit will be taking legal action against the copyright claim come Monday, 21st October with the aid of Maker Studios, the company that TotalBiscuit is a working member of under their subsidary called Polaris, if Wild Games Studio does not respond to him.

While the outcome of a legal battle could not be predicted, it would seem that TotalBiscuit is in the right here as he was given a code by Wild Games to create a video about Garry’s Incident and upload it to YouTube. He has not committed a copyright offense, it is simply that YouTube’s copyright claim policies enable them to abuse the system in this way to have the video temporarily, or permanently, removed.

In the meantime, you can still watch TotalBiscuit’s critique of Day One: Garry’s Incident on DailyMotion until the YouTube is restored, if it is at all.