It's moot - it's still an IP. It's no different if you recut a movie and claimed it was - your - cut - unless you're critical of whatever IP you are referencing, it is actually copyright infringement.
You could also upload a video of some turntable playing a vinyl record with the audio coming out of your speakers. Then argue you are recording your own listening experience, but you would still be sharing copyrighted material. Regardless of how the content is captured though, I think music, movies and games have the same rights. Even more rights when it involves multiple infringements at once, such as sharing gameplay with licensed music. I’m no lawyer, so this is simply my idea of how it works.
I know many people upload videos showing gameplay from games, but I’m not convinced it’s legal. Under normal circumstances people may get free passes to do it because no one really cares, but in this case Sony probably cares because they want to protect the GT7 embargo. True that the general public is not under NDA, but ultimately it’s probably still copyright infringement that Sony chooses to act on because the uploads are inconvenient for them.
The idea behind copyright law, is to prevent someone from providing an alternative way to experience a product, that doesn't go to the original source and the copyright owner, thus causing them financial loss.
In the case of music, if you can listen to a song through unofficial channels, you are getting the experience being sold, without going to the owner of the product. Those channels are violating copyright.
In the case of movies, it's a similar story. If you can watch a movie, in full or in parts, through unofficial channels, you are getting the experience being sold, in a way that doesn't go through the owner of the product. Those channels are violating copyright.
Videogames are a different story, that puts them in a grey area. Videogames are meant to be interactive experiences. A gameplay video is not an interactive experience. You are supposed to play a game, not watch a game. In most cases, you cannot properly experience a videogame through watching someone else play it. The whole point of games is putting you in control of the action, which doesn't happen in gameplay videos. However, there is one angle about gameplay where the copyright holders have good reasons, and that brings me to this statement:
I didn’t say anything about spoilers. Unrelated to the copyright angle really.
If you have a story driven game, experiencing the twists and turns of the plot is a major part of experiencing the game as whole. A person who knows what's coming isn't going to get the most out of the product. In this case, copyright holders have at least a partial reason to restrict gameplay.
The same concept does not apply to a game like GT7, which lacks any narrative and whose core experience is in the driving, hands on.
True that the general public is not under NDA, but ultimately it’s probably still copyright infringement that Sony chooses to act on because the uploads are inconvenient for them.
A company can't just call something infringement because "it's inconvenient". The law says what's infringement and what isn't. If they don't like the law, they can try to get it changed first.
I don’t think Sony is blaming the general public for anything here, but file a complaint to the higher powers if you feel Sony is breaking the rules here.
I think they do know where the blame is. They're just trying to limit the damage by pushing the law to the breaking point. I won't bother filing an complaint because it would be too much a headache for too little return. Besides, the higher powers tend to side with the corporations anyway. Still, one can point out when they're pushing it.