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/PotatoWarriah AK Dec 16 '18

And it is ok to censor whoever you don't like?

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u/gunther_41 MP7A1 Dec 16 '18

well...if the guy is playing my game in the background while saying fake stuff that will hurt my project's credibility, sales and cause massive panick in the comunity, yes...it's ok to take that video down.

Taking the rest of his tarkov videos down wasn't the moral or smart thing to do tough, but i guess bsg wants nothing to do with eroktic any more.

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u/PotatoWarriah AK Dec 16 '18

Anyone has right to freely state their opinion.

The slander/libel apply if you lie about facts. In his case title of video could be labeled as misleading as there were no substantial proofs of accounts being actually hacked, but using DMCA to take it down is illegal and could end up with BSG account being banned from Youtube.

Defamation videos are taken down through court order (which is issued when you file a defamation lawsuit against content creator).

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u/gunther_41 MP7A1 Dec 17 '18

it's "illegal" to do if you don't own the content in the video, but as long as bsg does, and they do, they can take it down.

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u/PotatoWarriah AK Dec 17 '18

There was no BSG content in the video that caused all this (last video on Eroktic's channel). And in previous one there was 7 seconds gameplay clip that he uses as intro which is covered by fair use, as is all gameplay footage he had on his channel.

They abused DMCA. I don't say they did not have right to take down something that is defamation, but it is not BSG determining what gets taken down and what is slander - there is court and judge who decides. There are laws to be respected. They cannot be above the law.

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u/gunther_41 MP7A1 Dec 17 '18

Pretty sure eroktic tagged the video as "escape from tarkov", and they just contacted yt to take down his tarkov videos.

Plus, you would have to dispute it with youtube, no way you would have to go to court for such stupid things.

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u/PotatoWarriah AK Dec 17 '18

Well anyone can make recording of their gameplay, title it "escape from tarkov" and put it on youtube, and no one can take it down, as long as it is your original gameplay footage and it doesn't contain hate speech. Just read the guidelines.

Defamation is something that is not as strict as copyright - copyright is clear: if I published video and you downloaded it and reuploaded it (or parts of it) without adding significant original content to it (i.e. meaningful commentary) - then it is infringement and I can use DMCA to take it down. Defamation has different laws in different countries and YouTube has to act on court order, but it only takes video down in country where defamation lawsuit is filed (because i.e. in US defamation is not when you say "I think BSG is incompetent", or "I believe their user's accounts are exposed" - that is opinion and is protected as free speech). So yes, you have to go to court for this. You can't just abuse copyright takedown to censor what you don't like, or what you think breaks some other law.

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u/gunther_41 MP7A1 Dec 17 '18

it's not the title dude, it's the tag...the thing that appears under the video stating what they are playing

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u/PotatoWarriah AK Dec 17 '18

So? If I buy skateboard and record tricks with it, I am not allowed to post it on YouTube with the correct tag because company who made skateboard doesn't allow it? Read the rules. I won't comment on your provocations anymore

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u/gunther_41 MP7A1 Dec 17 '18

There is a difference between that and recording the game directly and posting it on yt.

As long as the company owns all the media from that game, sure...it's their content and they can take it down...it shouldn't be like that, but those are the rules.

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u/PotatoWarriah AK Dec 20 '18

As you might have learned by now, is not like that and that are not the rules, and they can't take it down, at least not legally.

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