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Airport Master Developer Bullying Consumers; Has Limited Understanding of Fair Use Law

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  • Airport Master Developer Bullying Consumers; Has Limited Understanding of Fair Use Law

    This past week, STICLI Games, the developers of Airport Master on Steam decided they wanted to kill off any chance at fame and fortune that their game might have had. I say this because they have been going after consumers that have uploaded commentary filled and critique filled gameplay videos to YouTube with trademark and copyright claims. It doesn't matter if the videos show the game in a positive light or a negative one, if you upload videos with gameplay footage from Airport Master, STICLI Games will go after you.

    Just in case you missed another important bit there, STICLI Games has decided to hit those dastardly YouTubers with trademark claims. I didn't somehow mistype copyright claims there. No, they are actually pushing trademark claims against users. Let that bit of stupidity sink in a bit. The Jimquisition's Jim Sterling was one such person hit with a trademark claim by STICLI Games through YouTube.

    STICLI Games claims that as per their EULA, all users must get "written permission before publishing any videos about Airport Master." Specifically, they say that all of those targeted videos violates section 4 of their EULA.
    IMPORTANT! As per EULA you can only make YouTube videos with our written permission!
    As per statement number 4 of our EULA, that you accepted:


    4. TRADEMARKS AND RIGHTS TO THE SOFTWARE
    The End User recognizes that all of the rights associated with the Software as well as the rights related to the trademarks, royalties and copyrights, are the property of STICLI Games and are protected by international laws and treaties. Any use of Copyright Holder's trademarks, imagery content, videos, graphical elements, names, plot in any activity (including but not limited to: producing 3d party video content, electronic and on-paper publishing, creation of promotional content etc.) is only possible with prior written permission of Copyright Holder.

    That means you MUST obtain prior written permission from us before uploading any videos to YouTube. Otherwise, you are breaching the EULA and we can terminate your software license without refund and fire a copyright strike on YouTube.

    If you are not yet aware of what Copyright Strike on YouTube is, please read:
    This content is about copyright strikes. If you're looking for info about Community Guidelines strikes, which are different than copyright strikes, go to our Community Guideline strikes basics. I


    So, to all Youtubers, please write us and apply for your written permission before publishing any videos about Airport Master!

    Except that this isn't how that works. This isn't how any of that works. Fair use law trumps (and I'm using the non-Russian variant of that word here) any and all EULAs. In fact, many places throughout the world don't give two damns about EULAs. Bonus fact, Wikipedia's very first line for "fair use" just takes STICLI Games' EULA out back and shoots it.
    Fair use is a US legal doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders.

    Of course there are limitations on this but in general, if you are using that footage in limited capacity, especially in a critical sense or with commentary, you are free to do so under fair use. I am, of course, no Internet lawyer with the fancy teachings and the book learnings, so I'll just let Stanford do the talking here.
    In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner. In other words, fair use is a defense against a claim of copyright infringement. If your use qualifies as a fair use, then it would not be considered an illegal infringement.
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