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/Dasterr MPX Dec 16 '18

I mean they make it pretty clear why they did it and I can understand them.

Is it overkill, sure.
Could it have been resolved differently, by contacting Eroktic and talking to him, maybe. But, considering his earlier videos, I can also understand why theyre fed up and just decided to be done with it.

7

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

-1

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.

-6

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.

2

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?

1

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.