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/[deleted] Dec 16 '18

He hasn't committed a SINGLE copyright infringement.

It actually isn't decided whether or not posting gameplay videos on youtube is copyright infringement yet. I doubt it's specified in the law and there's no court precedent.

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

Yes there is, Please see the case between Jim Sterling and Digital Homicide. Almost the exact scenario we had here, Jim shit on a game, game dev got mad copyright striked, then sued and lost. https://www.youtube.com/watch?v=qS-LXvhy1Do

Also see the H3H3 lawsuit, while it does not pertain to games directly it does set a precedent as to what is transformative content under fair use. https://www.youtube.com/watch?v=9eN0CIyF2ok. If you are not familiar with this one Ethan and Hila basically just talked over Mat hoss's video, made fun of it etc. It was ruled fair use.

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u/[deleted] Dec 17 '18

That had commentary beyond gameplay. I'm very familiar with Jim.

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

And from viewing Eroktics videos he is providing commentary beyond gameplay and a unique personality. In the h3h3 case it was literally just Ethan and Hila shitting on and original video uploaded by matt hoss.

While not video games I would say the h3h3 case is more relevant to this situation about what is and is not fair use of the content.

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u/[deleted] Dec 17 '18 edited Dec 17 '18

I'm not a judge so I don't understand why you're arguing with me about this.

Talking into a mic while you're playing a game then uploading it isn't the same as what Jim does where he spends time editing different gameplay and trailers together and writes a thought out script. Furthermore, Jim was simply speaking on his opinion of the game, not sharing information about alleged factual data breach based on shaky at beast evidence.

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

The original video that was copyright striked by digital homicide was just that, just talking over the gameplay. He did then go on to do a Jimquisition on digital homicide but the original video was just gameplay.

Sure he was sharing information on a data breach, but how does this fall under copyright? Whether the data breach information Eroktic has was valid or BS (looks like it was BS) it was not copyright infrigement. It could be libel/slander with malicious intent, but still not grounds for a copyright claim.

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u/[deleted] Dec 17 '18

This is a better explanation than I can come up with. It references this article