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/vt/ - Virtual Youtubers


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File: 352 KB, 1224x2250, noncompete.png [View same] [iqdb] [saucenao] [google]
74322466 No.74322466 [Reply] [Original]

The FTC has nullified all noncompete clauses outside those of senior executives.
All US based corpo vtubers can now freely switch with no repercussions.

>> No.74322577

>>74322466
Are there any US based corpos that matter?

>> No.74322642

>>74322466
Based, non-competes are anti-competitive and fuck with the free market

>> No.74322669

>>74322577
even ofreign companies have to play by the laws of US if they are to do business in the country; it's based on the location of the employee, not the company

>> No.74322671

>>74322577
The corpo doesn't have to be from the US. Any contract has to follow local laws, so it applies to all US based vtubers.

>> No.74322683

>>74322466
I only grew up in the shithole I grew up in because my dad was forced to relocate due to a noncompete clause. Shit legit ruins lives for no real defensible reason so good riddance.

>> No.74322738

No, she won't join Hololive.

>> No.74322903

>>74322466
Social Media/Internet exists right? 'Blacklists' will act as the loophole taking the place of non-competes, wouldn't they?

>> No.74322964

>>74322903
Blacklists only work if every company takes part in it.

>> No.74323019

>>74322466
HELL YEAH I LOVE AMERICA

>> No.74323023

>>74322466
But how does this affect you personally?

>> No.74323028

>>74322903
>company B not hiring a person because company A put them in a blacklist
do you not see how stupid and even suicidal that would be for most companies within an industry?

>> No.74323040

>>74322903
In what way? Are you implying companies will coordinate blacklists of people to not hire again? Why would they do this? Shouldn't they want to take each other's best talent? If they did coordinate, how? Subverting the law is still breaking the law, if they conspire and keep blacklists that's a major lawsuit.

>> No.74323070

>>74322903
That's an obvious idea, yes. However, collusion in hiring like that is illegal and FAANG have been slapped with huge lawsuits about it before (and lost).

>> No.74323247

>>74323023
Apparently even fast food places were giving people noncompetes.

>> No.74323360

>>74323247
Which to be fair was totally unenforceable even before this. But noncompetes in general SHOULD be illegal, companies should have to compete for labor. If a company wants to hit you with a noncompete they should have to pay you full salary for the duration.

>> No.74323398

>>74322466
Good thing n*jiENs are chinese or something

>> No.74323533

>>74322466
That's interesting, but seems a little bit soon to see what kind of effect it will have. A lot of vtubers probably wouldn't want to ahve to deal with the legal battle.

>> No.74323690

>>74323533
I think this is more likely to benefit the small corpotubers for now since they are more likely to try and prevent them from just leaving though bad contracts and not being able to work in the same field for months would hurt small tubers more.

>> No.74323697

>>74322903
Blacklisting a streamer normally includes some level of character assassination in public, which is toxic press for a corporation

>> No.74323937

>>74322964
>Tech oligopoly
Yeah no we're fucked

>> No.74324001

i dont watch any amerimutt vtubers. they are garbage

>> No.74324245

>>74322466
They already could. They've been basically unenforceable and just a scare tactic for companies for a long time

>> No.74324480

>>74322466
I'm envious of the worker protections US citizens have.

>> No.74324610

>>74322466
This doesn’t go into effect until later this year. So while it could make a difference, nothing is happening yet.

>> No.74324713

>>74323937
>Tech oligopoly
>News media oligopoly
Ah. The same 'politically driven weirdos' can work for multiple companies openly...

>> No.74324824

>>74322903
...You do know that forcing something illegal trough blacklisting is illegal right? Are you that level of retarded? You would just exposing yourself to lawsuits if word of this would ever get trough.
You would only create more people able to blackmail you.

>> No.74324898

>>74324480
Then protest in your country to have them. EU had this shit way before US, it's literally progress.
And if you can't, emigrate for your own good.

>> No.74324987

>>74322466
Contracts still exist.

>> No.74325041

>>74324987
Contract clauses that break laws are void.

>> No.74325129

>>74324987
putting illegal shit into a contract doesn't make it legal or enforceable, niggersister

>> No.74325178

>>74322466
Not yet, in 120 days if there's no legal battle.

>> No.74325244

>>74324987
You can make a contract saying someone is your slave and they can even sign it, but it's not enforceable. Obviously. Illegal contract clauses are invalid.

>> No.74325359

>>74324987
Illegal clauses are void

>> No.74325386

>>74324987
>United States government passes a law that makes it illegal to put certain material in contracts
>Ah, but you see: we put this clause... in your contract
Least retarded member of Anycolor's legal team

>> No.74325425

>>74322466
This is just a policy that states something that was already effectively true. Noncompete agreements were already effectively unenforceable, and largely relied upon the person signing them to not realize that. At least in the United States, I know there are nations where they are valid and regularly enforced.

>> No.74325501

>>74325425
This actually is true and was relatively common knowledge in tech circles. It was basically an intimidation/bullying tactic.
I seriously, SERIOUSLY doubt nijisanji could have ever enforced clauses like that on US soil. Like I'd bet thousands that they'd flop on their face hard if they had ever tried.

>> No.74325531

>>74325129
The FTC doesn't make laws, though. They can declare whatever they want but forces with a lot more money will challenge it in court. I'm afraid the noncompete clause will be fully operational when your chuubas arrive.

>> No.74325763
File: 789 KB, 907x913, Finana.png [View same] [iqdb] [saucenao] [google]
74325763

>>74324987
This is regards to contracts that expire or are terminated. No carryover non-compete clauses as is found in the Nijisanji contract for 6 months afterwards.

>> No.74325798

>>74325531
We're at the end of a long journey with non-competes, not the beginning. Big corporations (like Apple, Google, Microsoft big) have been taking massive Ls on non-competes in court for decades.

>> No.74325844

>>74325763
It doesn't even carry on
It doesn't even include it's own clause within itself

>> No.74325847

>>74325531
Non-competes were barely enforceable as is and outright banned in many states.

>> No.74325922

who cares about mutt shit

>> No.74325990

>>74325922
you do

>> No.74326012

>>74325922
you since you bumped the thread, third worldie

>> No.74326027
File: 258 KB, 1229x1600, IMG_6710.jpg [View same] [iqdb] [saucenao] [google]
74326027

>>74322683
make richfucks afraid again

>> No.74326030

>>74325922
Mutt vtubers, retard

>> No.74326173

>>74323040
The prevailing theory thus far for why there has been so little movement of talent between Hololive and Nijisanji is that they've made exactly that agreement to not hire ex-talents of the other corpo. This way, neither side has to worry about poaching.

>> No.74326189

>>74325922
poor people that live paycheck to paycheck

>> No.74326231

>>74326173
Hololive getting poached by nijisanji?
Lol
Lmao even

>> No.74326288

do mutts even have vtuber companies other than vshit

>> No.74326326

>>74326231
yeah, Yagoo's getting the raw end of that deal if it's true

>> No.74326385

the literal first sentence says "new"

>> No.74326398

>>74322577
PixelLink and Yume+

>> No.74326449

>>74322466
bans new agreements, it's not retroactive, literally in the first sentence retard

>> No.74326466

>>74326385
and it continues to say "and makes existing noncompetes null and void"
make sure to read the entire article next time

>> No.74326490

>>74326385
>>74326449
>and make existing noncompetes null and void for everyone except senior executives
Fucking braindead zoomers can't even read the entire sentence

>> No.74326498

>>74323019
literally just getting basic workers right lmao

>> No.74326535

>>74326173
In reality it's much more likely that once someone has enough exposure, being in another corporation isn't that appealing, they can just be an indie and have a decent fanbase. Something like Vshojo is attractive because they don't take a cut but if you join Niji/Holo that's 50% of your income right off the top.

>> No.74326546

>>74326385
>>74326449
>and make existing noncompetes null and void except for senior executives
ironically, the definition of senior executive could allow them to retain noncompetes for GURRAT members depending on their income

>> No.74326550

>>74322466
US law is a joke and no one takes it seriously.
CIA and FBI should be disbanded. Awful bought and paid for organizations, that had full involvement in the assassination of JFK. Evil.

>> No.74326555

>>74326490
Sisters were dropped when they were babies, this is nothing new

>> No.74326735

>>74322577
A few of the HoloEN talents could start using RM vtuber accounts if they wanted. Cover management can be vicious but after opening a USA subsidiary they have to obey the law on the FTC ruling.

>>74324987
>Contracts still exist.
A company that enforces noncompete agreements can suffer huge financial penalties while damaging their reputation. That would be especially bad for a vtuber company like Hololive or Nijisanji that depends on fans to give them money. The ruling is a big win for vtubers since that gives them more leverage in contract renewals.

>> No.74326748

>>74325847
And now they're outright banned in ALL states.

>> No.74326826

wasn't it already the case in california for years?

>> No.74327209

>>74322466
Maybe I'm retarded, but while this is great news I can't think of a single example where this was an actual problem.
Most noncompetitive agreements that I'm familiar with (including vtubing) aren't formal, they are gentlemen agreements that aren't actually legally binding but that everyone respect because to not do so would mean burning bridges left and right.
For example, IIRC Hololive could always hire ex Niji vtubers, it's just that no vtuber was ever worthy the economic damage that would result by hurting their relationship with Nijisanji.

>> No.74327247

>>74326735
Some HoloEN talents already do use RM accounts for content creation. Their contract does not prohibit that.
They just cannot concurrently be agency vtubers for other agencies, for largely the same reason why McDonald's employees cannot have a second job working at Burger King, or why Walmart cashiers cannot also have a part-time job running a register at Target.
They can be indie vtubers while employed by Cover (i.e. Kson did some vtuber stuff while Coco was in Hololive, and Randon did vtuber stuff during the last few days of Vesper's contract)

They also can't do R-18 stuff, but R-17.999 is okay (e.g. Canan does not masturbate on stream and goes to great lengths to avoid even accidentally exposing her nipples, despite doing her content creation on a platform which allows both TKB and 4545)

>> No.74327264

>>74326027
The guillotine as a symbol of revolution is stupid
All the French Revolution did was lead to the infighting and massacres of the Reign of Terror and pave the way for the rise of Emperor Napoleon

>> No.74327358

>>74322642
This non-compete clause basically nullifies the whole "independent" contractor argument that rich assholes like Riku and Vince McMahon uses to get tax cuts.

>> No.74327391

>>74327209
>Having a relationship between Hololive and Nijisanji is profitable
Lol
Lmao even

>> No.74327706

>>74327391
In JP Niji is still big, and if they decided to get serious there is a lot that they could do to hurt each other (off the top of my head, sistematically overlapping each other big events)

>> No.74327903

>>74327706
>Pretending as if they don't do that already
Lol
Lmao even

>> No.74329274
File: 143 KB, 720x1212, 1713426388515819.jpg [View same] [iqdb] [saucenao] [google]
74329274

It's not some US exclusive thing. Wow they didn't pass a ruling, the JFTC announced they're investigating and taking reports on unfair noncompete clauses. Had to dig through archive and found it.

>> No.74329359

>>74329274(me)
while*
Somehow spaced out and typed wow...

>> No.74329481

>>74329274
Is 5ch taking this well?

>> No.74330166

>>74329481
They were laughing at Anycolor and comparing them to BigMotor, which you can look up the controversy on that.
tldr: fraud, bullying, and attempt to monopolize, etc.

>> No.74330292

>>74329274
oh no no no nijinipniggers

>> No.74330493

>>74323028
Companies unfortunately do often enforce each others' blacklists. The smaller the industry the more likely they are to respect blacklists.

>> No.74330888

>>74322466
>no repercussions
Losing access to your existing IP isn't exactly "no repercussions." And NDAs are still a thing, so PL stuff is still a minefield. And corpos will probably shift gears to advanced notice of termination, which is effectively the same thing as a non-compete for independent contractors, and which the FTC explicitly said is still allowed.

>> No.74331388

>>74327247
>Canan does not masturbate on stream
Rather she does not show her genitals when she masturbates.

>> No.74331674

>>74323070
It is, but you'd have to prove such collusion is taking place, which is nearly impossible. I'm pretty sure this is very common in Silicon Valley.

>> No.74332233

>>74322466
>outside those of senior executives
>Contract revision : In light of recent FTC laws, you are now considered "senior executives" when a new gen drops.
Aaaand nothing's changed

>> No.74332359

>>74332233
retard

>> No.74332423

>>74332359
>No arguement

>> No.74332607

>>74332423
there's no point arguing with a retard that actually thinks simply saying "you're now an executive xD" is going to work

>> No.74332982 [SPOILER] 
File: 51 KB, 620x361, 1935910637.jpg [View same] [iqdb] [saucenao] [google]
74332982

>>74327264
he knows that, he wants another round of infighting and massacres to pave the way for the next Emperor

>> No.74333089

>>74332982
I’d be alright with that

>> No.74333114

>>74327247
>Some HoloEN talents already do use RM accounts for content creation. Their contract does not prohibit that.
Cover doesn't let their employees be indie vtubers or several of the EN talents would be using their indie models on RM accounts.

>Randon did vtuber stuff during the last few days of Vesper's contract
He only began to stream after Cover announced his "graduation" and he couldn't use his indie model for 6 months. Hololive and Holostars definitely have a noncompete clause in their modern contracts. This ruling takes away much of the leverage from management since they can't stop their USA employees from continuing as indie vtubers or putting them in vtuber purgatory for 6 months if they get fired.

>> No.74333241

>>74322466
nijisisters, how do we repeal this?

>> No.74334111

>>74332607
Alright, let me know how you feel when nothing's really changed later on.

>> No.74334784

>>74333114
The stars literally recently used their old indie model in their collab with Doki

>> No.74335082

>>74322466
Can somebody ELI5 or third worlder language?

>> No.74335345

>>74335082
Farmer A cannot stop Farmer B from taking in a stray goat from Farmer A unless said goat is an elder buck with responsibilities that helps lead the herd

>> No.74336044

>>74327706
>sistematically overlapping each other big events
Doing so at this stage of the industry unironically hurts niji more than anything else.
With the current holodominance, any overlap will almost always result in a hololive victory.

And they're already doing it anyway.

>> No.74336209

>>74322903
That shit doesn't work unless you use a middle man like recruiting agencies.

>> No.74336228

>>74333114
>Cover doesn't let their employees be indie vtubers or several of the EN talents would be using their indie models on RM accounts.
But they do you fucking retard.

>> No.74336841

>>74336228
Those were just static PNGs, I've never seen them use their vtuber models.

>> No.74336881

>>74322466
This is why elira and vox run to bilibili..?

>> No.74337019

>>74322466
This decision isn't final right? it will be contested in courts because 99% of corpos are against it

>> No.74337131

>>74327264
i'm sure the airplane wasn't successful on the first try, either. doesn't mean the inventors got rid of their hammers

>> No.74337544

>>74336841
>vtubing isn't vtubing unless you use a live2d model
anon... no one wants to fork up a couple hundred to a couple thousand for a model they will probably NEVER use

>> No.74338702

>>74336841
>Those were just static PNGs, I've never seen them use their vtuber models
Cover shills know what that means and there is a huge difference between using a static PNG and Live2D model in terms of viewer immersion. Several of the EN talents had vtuber models when they were indies so everyone knows why they no longer use those models since their contracts have a noncompete clause.

>> No.74339261
File: 601 KB, 619x631, 1713794946503232.png [View same] [iqdb] [saucenao] [google]
74339261

>>74326748
not in china

>> No.74339380

>>74336881
Are you retarded? That would only apply if vox and elira left to billibilli to stream under their rm. Jesus christ the amount of uneducated fucking cretins on this board.

>> No.74339404

japanese lawyers are only intimidating to the girls they pimp out because they are low iq

>> No.74339621

>>74322466
Vtubers?
No, your corposhi isn't going "save" whateverchuubayoucarefor (never watched, threadreading about though) just because something like this happened

>> No.74340795

>>74332233
>The FTC defines “senior executives” based on an earnings test and a job duties test. In general, the term “senior executives” refers to workers earning more than $151,164 who are in a “policy-making position” as defined in the final rule.

Okay, I don't think any livers are going to be displeased with that. Pay up!

>> No.74341771
File: 24 KB, 290x290, Pomu KEK.jpg [View same] [iqdb] [saucenao] [google]
74341771

>>74340795
There's no (US) Americans working for Nijisanji. As far as I'm aware. Riku won this one enna elira vox and the rest are fucked.

>> No.74341920

>>74341771
Finana.
Probably some of the boys too but I never cared about them

>> No.74342032

>>74341920
Finana about to become a rich girl then I'm with you right there with the male talent I don't watch them so I don't know where they're from.

>> No.74342043

Based, fuck Japan.

>> No.74342042

>>74322903
Companies are too incompetent to enforce blacklists. From large to small

>> No.74342614

>>74326735
>A few of the HoloEN talents could start using RM vtuber accounts if they wanted.
Are you a dumbass? Everyone knew that even before holoEN exist.

>> No.74342659

>>74334111
pretty sure they didn't stream, only participated as their indie persona

>> No.74342864

>>74337544
nigga that's the literal loophole for vutber non-competes
when Qu-chan became dtto, not only she used the png but her description had "I am not a vtuber" until she could be one and debuted her current L2D

>> No.74343036

>>74341771
Nijien has a couple of US residents, pretty sure Scarle is one of them

>> No.74343176

>>74343036
I thought scarle live in the Philippines.

>> No.74343467

>>74340795
>Moves to BiliBili
No. Now stream moar and make money for us!

>> No.74343613

>>74326231
Does that mean yagoo can poach salome?

>> No.74343649

>>74343467
Yeah kurosanji has a partnership with billibilli this has nothing to do with non compete clause especially when they're streaming there under niji property lol

>> No.74343745

>>74343613
No. Is Salome American? Or living in the us?

>> No.74344698
File: 835 KB, 960x960, file.png [View same] [iqdb] [saucenao] [google]
74344698

>>74322466
>based in canada
HOW DOES HE KEEP GETTING AWAY WITH IT?????

>> No.74344929

Imagine yagoo hires Pomu then poaches pippa from phase and ironmouse from vshojo the big honchos of their respective companies for EN4

>> No.74348735

>>74342614
The FTC ruling allows them to use their indie vtuber models which is a major shift in the EN market. Maybe none of them will do that in 2024 but it's an option they didn't have until the Cover noncompete clause was voided.

>> No.74355317

>>74322466
save shiki

>> No.74358624

>>74344698
Good.

>> No.74359943

>>74326735
For the last time old man, Cover doesn't restrict RM activity. They can do what ever the fuck they want (within legality) as long as they don't use their Hololive persona, Cover IP, or claim to represent Cover.

>> No.74361457

>>74322466
Fantastic news actually, with huge ramifications for the entire job market.
Should have happened very long ago honestly, i guess slimy mega corpo lobbyists couldn’t supress it any longer.

>> No.74361515

>>74326027
Based, should be put up in the middle of wallstreet as a constant reminder.

>> No.74361639

>>74344698
Can’t actually do anything about most of Phase since most of them live in Commiefornia desu.

>> No.74362099

>>74348735
For the bilionth time, there is no noncompetitive clause in Cover contract, many Holos already do RM stuff regularly (like Noel). For Hololive vtubers, nothing will change.

>> No.74362144

>>74361639
California already banned non competes in 2002.

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