Kryptic xSnip3z, on 19 May 2017 - 01:40 PM, said:
Im going to try to be impartial here as free speech is certainly Paramount to the discussion.
(Keep in mind these are my personal thoughts on the situation)
To put it simply, Sir Foch did violate rules of WG's CC Programs so there is no real issue with WG terminating him from the program as there are certainly rules about trying to remain family friendly.
Now on the terms of "Strikes" with YouTube it really depends on how YouTube rules it. With the language and insults involved with the situation (as well as WG owning all rights to said game) I can see this thing rolling WGs way.
Sir Foch is free to fight said claims to "Copyright" issues but in terms of the language involved he probably still would lose the ability to make money on the video at minimum, if not be forced to take it down. You really don't have free speech protections on YouTube afterall and are subject to thier rules.
"Keep in mind many games do actively protect thier games on YouTube through demonitizing games/taking them down to prevent spoilers/ect."
(Nintendo used to do this religiously, but have recently started laxing this policy)
Game companies have full rights to control thier YouTube Content, the only way for Foch to speak as freely without a strike (for Copyright) is to comment on the game without the game being featured on screen.
Pre-Release/"Sponsored" content is abit of a tricky slope though as agreements made beforehand may come into play, while WG certainly prefers favorable reviews, they gladly accept criticism as long as its constructive and family friendly. Jingles, QB, and others, have all critizied WG many times but usually in a well received critique.