my position is that it is up to the rightsholder in the end to allow you to use things aside from fair use defenses

in terms of video games though i would think most developers would choose to allow it and a lot of them actually explicitly tell you that you can monetize streams

copyright isnt like trademark where you have to go after every small thing (but you can)

if some devs have onerous policies about that, the community can just choose not to cover those games. plenty of other fish to fry.

and considering streaming has pretty much taken the place of old-style game reviews in people's minds for deciding whether or not to purchase, i don't think it's in people's interests to be as whack as the person i am subtweeting in this thread