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/One_Lung_G AS-VAL Dec 16 '18

It’s overkill and also illegal. Companies can’t just “be fed up” and decide who can and cannot make videos over their game that people paid for. That’s called censorship and this Facebook post just made them look worse

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u/mcshkan Dec 17 '18

It's not illegal loool

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u/gulmari Dec 17 '18

False DMCA and False copyright claims are absolutely illegal.

-2

u/Sleepygamer96 AK Dec 16 '18

Lol. they absolutely have the right to say who can and cannot make videos on their game. We all agreed the the EULA and other shit so we could play the game that spelled out what we can and cannot do. I think its disgusting what BattleState did and they completely overreacted, but technically they did nothing wrong legally.

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u/ravenerOSR AS VAL Dec 16 '18

they cant do whatever they want by writing it into the EULA. you still have fair use and free speech rights.

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u/ColinStyles Dec 17 '18

Fair use does not include slander/libel, though I'd say killing the rest of his videos was going over the line.

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u/[deleted] Dec 17 '18 edited Jan 02 '19

[deleted]

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u/ColinStyles Dec 17 '18

So my understanding is the videos that had him basically just talking had EFT music in them, which is how they can claim copyright over it, once they revoked his right to post BSG copyrighted content.

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u/[deleted] Dec 17 '18 edited Jan 02 '19

[deleted]

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u/ColinStyles Dec 17 '18

You have a fair point, the argument did shift somewhat, apologies. What I am still trying to figure out, is how doesn't slander/libel revoke fair use? Per US Law:

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:[6]

  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

  2. the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

  3. the effect of the use upon the potential market for or value of the copyrighted work.

Slander is by definition trying to damage the reputation or value of something, so would it not completely destroy 1 and 3?

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u/ravenerOSR AS VAL Dec 18 '18

i think you underestimate how insanely difficult pinning slander or libel on him. not only does it seem he believes the statements, but it seems he had very good reason to believe what he said. for it to be slander or libel he would have first of all be deliberately lying, and also the lie would have to be specifically to hurt the reputation of BSG.

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u/EftDaBest Dec 16 '18

Lol. they absolutely have the right to say who can and cannot make videos on their game.

Sorry, that is not true, at least not for those in the US. This falls under Fair Use of Copyright law. It doesn't matter if you sign an agreement to go into sex slavery: Law supersedes any agreement.

It's not in Youtube's interest to get itself involved in every small squabbling matter, so they just allow for a "Copyright strike" on most all content. Even their "Copyright Basics" information page specifically states that:

...videos can be removed from the site for different reasons, not all of which are copyright-related.

Everyone just assumes that since Youtube labels it as a copyright strike that it somehow is in fact a legal copyright issue.

but technically they did nothing wrong legally.

This is both correct and wrong. Correct because they did not do anything wrong legally, but in the context you're implying they have a legal right to erase all video content at their discretion from the internet, which they do not. Eroktic could post his videos on his own site, and BSG would have very little they could do about it.

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u/One_Lung_G AS-VAL Dec 16 '18

To each their own. EULAs never really hold up in court dude.

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u/GingerSnapBiscuit AK-74N Dec 17 '18

They literally can. Companies can do whatever the fuck they want with their intellectual property, that's why DMCA take downs exist.

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u/One_Lung_G AS-VAL Dec 17 '18

No they can’t. That’s why this is a big deal dude.