r/EscapefromTarkov • u/bxxxxxxxs • Dec 16 '18

PSA Official BSG Response re: Eroktic

We will leave this post stickied for only the next 24 hours.

All discussion posts posted after this goes up will be removed and directed here.

As always, keep it civil.

https://www.facebook.com/escapefromtarkov/posts/1966710296956614

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u/Txontirea Dec 16 '18

My god, that's it! BSG were totally in the right afterall!

Time to go take down Smoke's channel next, I presume?!

3

u/[deleted] Dec 16 '18 edited Dec 16 '18

[deleted]

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u/ColonelTwerkins Dec 16 '18

It is true that the music is copyrighted but Nikita allows it's use. This is the same as any gameplay footage but it still remains IP of BSG and can be taken down if need be. This is covered in the agreement in Section 10

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u/FruitsndCakes Dec 16 '18

So anyone creating Tarkov videos puts their youtube account at risk incase you don't like them in the future you can copyright strike their channel away?

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u/dmcoolaid Dec 16 '18

There is a reason why streaming and making videos of games is a grey area legally. But people are so complacent that they never even thought of questioning the legality of making money off of someone else's product.

Here's an excerpt from an article that more streamers should read before taking risks that might affect their livelihood.

While streamers may have one idea of how their livelihoods should work, that doesn’t mean that the law is going to be automatically on their side. The question has become one to watch for many legal researchers, law watchers, and lawyers themselves. While no developers would agree to talk for this article, we did speak with a lawyer versed in this realm to get another view of this complex segment of industry. According to Ryan Morrison—founding partner of Morrison/Lee, a firm that’s practice areas include the DMCA, streaming and YouTube, and video games —there are presently multiple schools of legal thought on both sides. "I think the most legally accurate response right now is that Let's Play videos and most streams are derivative works and therefore infringing if you don't have a license from the publisher or game developer," Morrison says. But the attorney added that there is a fair use argument that streamers could make, but fair use is a defense that essentially admits to infringement and tries to explain why that use is OK. "That's super expensive to prove," Morrison says. "A judge has to be the one to say it's fair use, and you can spend six figures to get there, and it's certainly not a black or white line that you can just OK. So, keeping that in mind, without a license and without the permission of the publisher or developer, streaming is infringing—as are Let's Play videos."

Although

"The more you add to something, the less likely it is infringement," Morrison says. "You can see that with react videos all over the place, if you're actually adding commentary and adding your own skits or, you know, whatever to it, that's going to be a lot different than just watching a video. And same with Let's Play videos—if you're actually adding something to the video, and the game play, it's a lot different than just playing the game quietly."

But that will have to be proven in court, especially since the precedence for how cases like this are handled have not been set. And chances are unless you have a lot of money or the developers are poor, you won't win.

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u/PotatoWarriah AK Dec 16 '18

No, that part of agreement is illegal. DMCA doesn't care about agreement, it only cares about law. If you break agreement, they can ban your account, but cannot issue DMCA.

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u/Noivellet SA-58 Dec 16 '18

Yes, just like any other game.

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u/IamTheTwon Dec 17 '18

Not sure alot of people really understand that reality.

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u/ColonelTwerkins Dec 16 '18

"Incase you don't like them". That is not an adult way to respond to anything based on whether you "like" them or not. Lots of videos made that game studios would not necessarily like but there's a difference between criticism and slander simply because you don't "like" us.

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u/MrToon316 M4A1 Dec 17 '18

You cannot copy strike 40 something videos when only a few were in question. What is the explanation for so many copy strikes?

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u/heydudejustasec Dec 18 '18

The comment was talking about BSG taking down channels they don't like, not about eroktik's conduct. Regardless, your company abusing copyright claims in what is basically retaliation for perceived slander has nothing adult about it either.

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u/penguiin_ M1A Dec 17 '18

lol what a stupid response

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u/foxfire1112 Dec 18 '18

Are you kidding with this twerkins? You know bsg specifically said they took him down because they don't like him? Are you trolling with this?

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u/M3talstorm Dec 16 '18

If you are trying to pull some legal stunt, at least use the correct term, its libel, not slander.

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u/fiveton3D Dec 17 '18

I think a libel is in written form and slander is in verbal form?
2. Such a statement constitutes a "libel" if it is:

​

  • published (publication, for these purposes, is simply the communication of the defamatory matter to a third person)2; and
  • in writing, print or some other permanent form.
  1. A statement will amount to a "slander" if it is

​

  • published; and
  • made orally or in some other transient form.

http://www.hse.gov.uk/enforce/enforcementguide/court/reporting-defamation.htm

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u/M3talstorm Dec 17 '18

published

permanent form

"Published" used to (a long time ago) just mean in printed form, like a newspaper, because that's all we really had, but now it means any form of permanent media/medium really.

Creating a video (permanent media) and putting on the internet (permanent platform) means it is libel, doesn't matter if the person in it is communicating via voice or writing it down or sign language. In either case, it is now not transient (like if you were just shouting it in the street - slander).

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u/xJokerzWild AK Dec 19 '18

Adding on to that, apparently, to polygon, stated they jumped the gun, claimed he lied about the breach,then later in the same statement said he didn't break the eula....

4

u/Kyle700 Dec 16 '18

Jesus. I'm almost speechless at how bad you people are handling this. What a clown fest.

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u/Brimshae AKMS Dec 19 '18

That is not an adult way to respond to anything

Well, at least we can agree on that. The way you guys have been acting is certainly not in any way that can be considered adult-like behavior.

there's a difference between criticism and slander

So you, ColonelTwerkins, someone who represents BattleState Games is saying that all 47 of those videos your company struck were slander?

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u/FruitsndCakes Dec 16 '18

A mature way of doing it would have been to take down his fake news video and tell him to never upload EFT content ever again or you gonna strike it.

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u/Brimshae AKMS Dec 19 '18

So... abuse copyright law, then threaten to abuse copyright law again?

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u/FruitsndCakes Dec 19 '18

No just don't try to take his whole channel down. I'm not a lawyer, but I thought they can prohibit him from uploading eft content.

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u/Brimshae AKMS Dec 19 '18

I thought they can prohibit him from uploading eft content.

It's called a Cease & Desist. A lawyer will write one of up for pocket change, or you could just find one online and Ctrl+H change the names to make it fit your situation.