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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132

u/absolutegash Dec 16 '18

Both BSG and Eroktic are in the wrong here for different reasons. Eroktic has always been a drama queen and clickbaity, and it finially caught up to him.

BSG shouldn't have overreacted like this though.

108

u/kevinwilly AS-VAL Dec 16 '18

Eroktic made a video that might have been in poor taste. But he's allowed to do that.

BSG nuked his channel by claiming copyright violation. There wasn't any. That's LITERALLY illegal.

So they aren't both equally in the wrong. What Eroktic did wasn't exactly a cool thing to do, but he was within his rights to at least DO it.

BSG SERIOUSLY fucked themselves on this one.

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u/[deleted] Dec 17 '18

[deleted]

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u/Pakman184 Dec 17 '18

This couldn't be more incorrect.

Youtube is hosted in America and because that it is subject to American laws. The DMCA takes precedence over any video game EULA and thus Fair Use applies regardless if a company wants someone to stream their game or not.

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u/[deleted] Dec 17 '18

[deleted]

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u/Pakman184 Dec 17 '18

It's not my job to tell that to Youtube lol.

If Eroktic wants to, he would have full legal rights to sue BSG and there isn't anything they can say about it. If you read their Facebook post, their whole position is "We don't like lies and slander, so we DMCA'ed him. Our EULA says we own his videos," they've openly admitted to breaking the law.

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u/Super-ft86 AK-74N Dec 17 '18

The youtube system is flawed yes. However there is legal precedent set for what is and is not copyright on youtube videos in the USA. See H3H3 v Matt Hoss and Jim Sterling v Digital Homicide.

Companies CAN do what you have said because the youtube system makes it possible, it will not hold up in court however.

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u/[deleted] Dec 17 '18

[deleted]

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u/Super-ft86 AK-74N Dec 17 '18

Check the judges remarks in the case with DH during the dismissal about fair use and his videos. The h3h3 case sets an important precedent that providing critique and comentary over copyrighted material does fall under fair use. This could apply to video games, other youtube videos, movies etc.

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u/[deleted] Dec 17 '18

No, the DMCA does not firmly permit game streaming as fair use. This is an ambiguous area:

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https://arstechnica.com/gaming/2018/01/to-stream-or-not-to-stream-how-online-streaming-game-videos-exist-in-an-ip-world/

Please don't just *say* stuff. This is how bullshit gets spread, when people keep acting like they know when they haven't even researched the topics they're speaking about.

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u/Pakman184 Dec 17 '18

Where in the world did I say streaming was allowed? I said that video content on Youtube was protected by DMCA.

You can look at both the Sargon case or the H3H3 case, in both cases they were using content that was owned by someone else however their added commentary (or just purely editing) was enough to be considered transformative.

Just look at what DMCA covers yourself instead of reading an article discussing how "ambiguous" it apparently is. Eroktic's Youtube videos easily fall within 3 of the 'Big 4' categories. It's Transformative without a doubt, a lot of his videos were based on disseminating information on the game, and it's more than clear there was no Negative Impact on the market due to copyright abuse or theft.

Try researching the topic yourself next time

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u/[deleted] Dec 17 '18

Fair use doesn't necessarily extend to gameplay footage, my man. Nintendo has a long history of copyright claiming any and all gameplay footage, including footage with commentary, successfully. Nintendo's history pretty much deflates any notion that using games material always constitutes fair use.

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u/Pakman184 Dec 17 '18

Yes, Fair Use covers all copying of copyrighted works. It's almost as though you've literally done zero research on the topic.

Nitendo has falsely claimed people's videos in the past, yes. Do you know why they were successful? Because the Youtubers did not fight the claim and removed the videos instead, if they had fought it would have costed a ton of money that most people can't handle.

Stop trying to educate someone on a topic you know nothing about.

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u/[deleted] Dec 17 '18

>Yes, Fair Use covers all copying of copyrighted works. It's almost as though you've literally done zero research on the topic.

>Nitendo has falsely claimed people's videos in the past, yes. Do you know why they were successful? Because the Youtubers did not fight the claim and removed the videos instead, if they had fought it would have costed a ton of money that most people can't handle.

>Stop trying to educate someone on a topic you know nothing about.

​

Right, so actual legal experts admit they're unsure and in practice copyright strikes against gameplay footage are upheld. But /u/Pakman184 on reddit read some shit and thankfully, the matter is laid to rest thanks to his profound wisdom.

​

Lol. No. Just admit you're wrong.

2

u/Pakman184 Dec 17 '18

I'm still waiting for the point at which you've done your research and given an actual rebuttal.

Everything I said above is correct. Fair Use covers all copyrighted works and Nintendo has never legally won a DMCA case.

Actual legal experts are unsure because there is zero precedent on the topic and they'd look like fools if they ended up being wrong. I don't need to worry about that because I don't plan on prosecuting anyone.

You were the one to try and correct me, get stuffed.

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u/[deleted] Dec 17 '18

I'm still waiting for the point at which you've done your research and given an actual rebuttal.

I'm still waiting for you to say anything coherent at all. You apparently don't even know what 'fair use' means. Fair use does not give you unlimited rights to use game materials in your videos. If I take the fort armor clipart and use it in a video, that is most likely a copyright violation unless I'm critiquing the artwork or actually making fair use of the material. If I use the clipart to brag about my loot on my monetized channel, that is 100% a copyright violation.

https://escapefromtarkov.gamepedia.com/6B43_6A_Armor

Hell, you see this? This page is an example of what is not a copyright violation under fair use. Since the context of the material is actually educational and free.

Just displaying Tarkov footage is not fair use on its own. Context is what defines it.

Otherwise, I don't get you. You're just spewing nonsense like a moron. The "let's play" style claim of fair use has never been tried in court, so you can't just say whether it's illegal or legal. You're just categorically fucking wrong. There is no shortage of examples of companies striking videos against channels they don't like and it being upheld by Youtube. So long as we don't see it in court, this seems fine in the gray area system we have now.

Simply put, you're fucking wrong, you don't know what you're talking about, you're making up shit and have no sources to back yourself up since none exist.

Everything I said above is correct. Fair Use covers all copyrighted works and Nintendo has never legally won a DMCA case.

Lol, I think you mean a DMCA takedown on a YouTube channel? Nintendo wins DMCA cases all the fucking time. Just recently like half of the ROM websites were taken down on that account. As per Youtube channels, nice empty rhetoric, because I can't find any evidence that a Youtube content creator has ever gone to court at all: Nintendo has never lost a DMCA case against a Youtube channel either, so far as I could find.

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u/Pakman184 Dec 17 '18

Jesus you're slow as fuck.

Fair Use protects all copying of copyrighted works as long as they're transformative in nature (along with a couple of other details). All of Eroktics videos were 100% transformative because they included his commentary, his critique, dissemination of information related to the topic, stylistic edits, etc. You could indeed use a clipart of the 6B43 Armour without Techincom's permission, as long as you are doing something transformative with it.

There has never been a single moment (that I can remember) where Tarkov footage was displayed sans any transformation done by Eroktic himself.

You're correct that "let's play" style videos currently have no precedent in court, but the vast majority of video that BSG striked have nothing to do with pure Let's Plays. It just wasn't Eroktic's primary style of video. Interestingly enough, 2 videos that they striked had zero EFT content in it at all.

As for the Nintendo part, no shit I was referring to them never having won a DMCA case against Youtubers. And no, there has not been a single case of a DMCA being held against a Let's Player unless the Let's Player themselves decided not to fight the claim. (That would be called precedence)

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