Fair Use and Steam.

 

I’ve been asked to address this question:

Larisa on the BI Discord maintain that only US Law applies to Fair-Use clauses. 

THIS IS NOT TRUE.

I can see where this claim comes from but it is wrong.

The Steam Agreement states:

This Steam Subscriber Agreement ("Agreement") is a legal document that explains your rights and obligations as a subscriber of Steam from Valve Corporation, a corporation under the laws of the State of Washington, with its registered office at 10400 NE 4th St., Bellevue, WA 98004, United States, registered with the Washington Secretary of State under number 60 22 90 773, VAT ID No. EU 8260 00671 ("Valve"). Please read it carefully.

The Agreement is a contract between YOU and Valve Corporation.  Not between you and 3rd party content creators. It covers only your interaction with the services Valve provides.

Any claim you try and make for “Fair Use” is going to be with the Original Author under the laws of their own country.  Not just your own. Your interactions with them and their product is controlled by their EULA and the laws of their country.  Not by Valve. They are only the host.

As for “Fair use is a legal right”

This is wrong too. There are plenty of explanations out there:

  1. https://www.techdirt.com/articles/20150222/16392430108/reminder-fair-use-is-right-not-exception-defense.shtml#:~:text=the%20First%20Amendment.-,The%20Supreme%20Court%20has%20regularly%20referred%20to%20%22fair%20use%22%20as,compatible%20with%20the%20First%20Amendment.&text=Fair%20use%20is%20not%20a,or%20not%20do%20some%20act.
  2. https://www.findlaw.com/smallbusiness/intellectual-property/fair-use-law.html
  3. https://en.wikipedia.org/wiki/Fair_use

Comments

Popular Posts