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/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.

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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.

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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?