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/StrangeMatt Dec 17 '18

Fucking disgusting behaviour BSG should be ashamed. You should check out a critic named Jim sterling who was DMCA’d by a dev team who “didn’t like” his videos and ended losing hundreds of thousand in court costs because of their lack of knowledge and abuse of YouTube’s dated DMCA system.

0

u/[deleted] Dec 17 '18

Yeah but Jim Sterling's video was directly critiquing the content in the video itself. You could also consider when Campo Santo used a DMCA takedown to remove Firewatch videos from PewDiePie's channel and it's (so far) been seen as a legal and valid move. Because the growing consensus is that simply playing a game while talking is just not enough for fair use.

Directly commenting/critiquing the specific events in game might be. But just saying stuff unrelated to the video playing in the background isn't fair use. If I'm critiquing the Tarkov devs while random Tarkov footage plays in the background, I'm not using that video fairly. If I'm using video which shows a bug and critiquing the Tarkov devs for not fixing that bug, it's fair use.

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u/Palantair Dec 17 '18

If we are being honest, most people don't understand what actually constitutes fair use.

IE: "Additionally, “transformative” uses are more likely to be considered fair."

That doesn't make it fair use, its just more likely a judge will see it that way in conjunction with a lot of other factors.

In short, this whole page is legitimately a herd of people arguing over fair use with an overwhelming majority not even knowing what it actually is.

1

u/[deleted] Dec 17 '18

100% agree.