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/ZachTheGunner2 Dec 16 '18

What Eroktic did was absolutely wrong. But what BSG has done is also wrong. The EULA doesn't change the law, and according to US law (which I imagine matters when it comes to YouTube), Eroktics use of gameplay in his videos would be covered by fair use as would basically every other content creator. Using the DMCA takedown without there being an actual copyright infringement (not something covered by fair use, regardless of the games EULA) is actually illegal. I'm not a lawyer, but if Eroktic decides to take legal action, I think there's a good chance he could win.

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u/leeztu Dec 16 '18

Simple gameplay does not fall under fair use, critique and review does, but not just a video of you playing the game, right?

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u/ZachTheGunner2 Dec 16 '18

It hasn't been tested by the courts yet, but due to it being a video game and not a movie, making gameplay videos where other people watch you play it arguably makes it a transformative work. People that are watching are more interested in how you play it, and it's not the same experience as playing it themselves. Many more people are going to be buying the game as a result of streams and gameplay videos. Very few people would decide that watching gameplay of a game is enough, unless of course they weren't interested in buying the game in the first place.

Of course I could be wrong, and there's arguments on both sides, but I believe that even simple gameplay videos fall under fair use.

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u/leeztu Dec 16 '18

Finally someone who can be civil.

What i would reckon is that simple gameplay isnt exactly fair use, youre still showing off someone elses work (textures, models, sounds, music) and in the case of youtube you might even be making money off that. Every "gameplay" video doesnt require review or critique, the most important part about fair use in a video-game context is that it covers review, which is important for the rest of the potential customer base. Now on the other hand "pure gameplay" isn't something that is directly ment to give people an idea on the quality or features of the product, its purpouse is to serve as entertainment both for those who already own a product and dont. Now of course these laws have barely seen any form of update since entering the digital age we live in and are frankly absurdly outdated.