At least the court will make Matt pay for all their legal expenses when H3H3 wins
Right?
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H3H3Productions |OT| Reppin' the Naysh \//\
- Thread starter Fat4all
- Start date
At least the court will make Matt pay for all their legal expenses when H3H3 wins
Right?
TheSpoiler
Member
It shouldn't be. Things like The Onion and a million other bigger places exist do way, way worse.
Sad and angered to hear this. People really can't take a joke, and some lawyers obviously don't do their due diligence.
I can't begin to pretend to understand how the US legal system works, but when it comes to YouTube, at least you guys have such a thing as Fair Use. We only have approximations of that here in France, and from my cursory reading and understanding of it, what we have is much more limited.
I expect a French lawyer to barge into the thread and - hopefully - tell me I'm wrong though
.
They shouldn't do that. They shouldn't aggressively attack the guy because that might be used as ammo against Ethan and Hila. Also, they shouldn't give him him views, ad revenue or even dislikes IMO.
What is it with fandoms and being pricks to perceived threats anyway? You'd think fans of people as chill and sensible as Ethan and Hila would be a bit more composed and down-to-earth.
I can't begin to pretend to understand how the US legal system works, but when it comes to YouTube, at least you guys have such a thing as Fair Use. We only have approximations of that here in France, and from my cursory reading and understanding of it, what we have is much more limited.
I expect a French lawyer to barge into the thread and - hopefully - tell me I'm wrong though
.They shouldn't do that. They shouldn't aggressively attack the guy because that might be used as ammo against Ethan and Hila. Also, they shouldn't give him him views, ad revenue or even dislikes IMO.
What is it with fandoms and being pricks to perceived threats anyway? You'd think fans of people as chill and sensible as Ethan and Hila would be a bit more composed and down-to-earth.
TheSpoiler
Member
I hope the fandom cools off. It's really just the vocal majority, but it's still unnecessary. Help them in other ways.
The lawyer fucked up quite a bit. I'm not big on this stuff, but outright making claims about shit that doesn't exists means they probably don't have a good enough case and are hoping the jury contains people over 40. Even then, they'd be hard pressed to prove the majority of their claims when Ethan just made a video shitting all over it in such a simple way that even a baby could understand.
The lawyer fucked up quite a bit. I'm not big on this stuff, but outright making claims about shit that doesn't exists means they probably don't have a good enough case and are hoping the jury contains people over 40. Even then, they'd be hard pressed to prove the majority of their claims when Ethan just made a video shitting all over it in such a simple way that even a baby could understand.
The bit about Kickstarter is really baffling. Like, how do you even make that up as a professional lawyer? It's one thing to use shady rhetoric or interpretations of blurry laws; and you could excuse a random dude for not doing the research I guess; but getting a fact 100% wrong in an easily demonstrable way like a random internet troll? Is this guy on crack? Is he guy completely clueless about crowdfunding websites and confused Kickstarter with Patreon? Is he confusing that claim with a claim against someone else? Is he lying?
TheSpoiler
Member
Yeah, I'm guessing they'll try to catch them on some other shit? Or maybe they really don't know what to do so they are scrambling around trying to make this work?
I think other Youtubers should be supporting Ethan full stop, because if this case gets big, it's only going to be worse off for everyone.
More likely he was hired, advised his client he didn't have a solid case and would probably lose and his client told him "fuck that noise, I want to proceed, take all my money" and he's proceeding by following his clients instructions.
The lawyer probably gives a rats ass about winning, as long as he gets paid.
The boldness, it's too much!!
Diprosalic
Banned
how does this guy even have 170k subscribers?
There are hot girls in his videos.
benicillin
Banned
Couldn't happen to two nicer people. God, YouTube is just the worst when it comes to defending it's creators from shit like this.
Christopher
Member
People keep loosely throwing around the term free use - let's see how the legal system actually interprets it...the judges decision will be a clear game changer for YouTube if Ethan is found guilty
It'll certainly makes reaction videos impossible.
Sir Abacus
Member
A good lawyer doesn't do that because if the judge has a clue, turns to the lawyer and says "are you high?" then they're going to be facing some harsh sanctions.
This asshole obviously wanted to settle out. But now they've taken it too far and they're stuck bringing the flimsiest of cases to court.
ShadowElliot
Banned
I haven't watched any h3h3 videos, but from what I hear, Ethan and Hila seem like pretty cool people. I'll go check them out after work tonight. Wonder what this whole vape nation is about, haha.
I can't over how people can be such complete cocks. Both Matt and the lawyer. Like, are you that much of a douche to due over this? And even worse, to make the claims set out in what they sent over? What a fucking joke. The lawyer should lose his job and Matt should get a strike on his own videos for even taking this as far as he has. So much bullshit
They're basically crooks just looking to exploit our broken legal system and this looked like a solid opportunity to them. Pathetic opportunists, theres too many people already abusing copyright law. The entire system needs to be redone.
They're basically crooks just looking to exploit our broken legal system and this looked like a solid opportunity to them. Pathetic opportunists, theres too many people already abusing copyright law. The entire system needs to be redone.
Mental Atrophy
Banned
I am not really convinced that the fair use defense will succeed here, unless the plaintiff's lawyer is as terrible as he seems. Having seen both videos, Ethan and Hila used a very substantial portion of the original, in large unedited chunks. Cutting back to mocking commentary probably won't be considered transformative enough to justify it. Don't forget that Mystery Science Theater 3000 purchased the rights to the films it goofed on. I am not sure that this will go to full trial either, though, because I don't think hurt feelings will be motivation enough for the plaintiff considering the cost of lawyers. But I do think this kind of case is inevitable, including Let's Play style videos, and I don't expect them to rule in favor of what the community expects or is hopeful for.
It's enough for it to be considered Transformative. There's a large difference between what H3H3 does and what other reactors like Jinx does. His videos contain the video complete uninterrupted and in full while this might be considered under fair use law or even then covered by parody.
Diprosalic
Banned
while i fully support h3h3 i never thought that "fair use" was the "get out of jail free card" that youtubers want it to be.
Mental Atrophy
Banned
What's the precedence that says this is transformative enough? Because there are several real world examples of television using as little as thirty seconds (from a source that's over an hour in duration) and failing their fair use defense. Ethan and Hila's reaction video use the majority of the plaintiff's video. I could easily be wrong because the courts have been fickle on fair use, but this is definitely not the slam dunk, obvious case that people think it is.
TheSpoiler
Member
Eh, it's less than half. They used 2 minutes. The BM's video is like 5:25 minutes.
But you are right. This isn't going to be an easy case. And this is only the beginning of some lawsuits hitting Youtubers.
disappeared
Banned
.
Mental Atrophy
Banned
I don't know how you're keeping time, but the video I saw contains 3:03 of the original source, not including replaying small sections, slow motion, or audio-only. The video is 5:24 and the last 20 seconds are black screen and credits, so that doesn't really count for much. They only cut two lines in the intro, several of the "action" angles, and all of the dead air.
Vigilant Walrus
Member
This makes me sad to hear- From all sides. I'm sad on H3H3s behalf, but I am also sad for the other guy. If I was that guy and I was so removed from being able to handle being made fun of after putting myself out there... That is terrible. It upsets me. It's like being a lifeguard who is allergic to water.
You cannot put yourself up there on Youtube and not.. He is making it so much worse. Nobody would care about this. H3h3 makes so many videos that it wouldnt make the top 100 of people giving a shit.
But like the guy in Spain, with the act of the right to be forgotten, that spanish man has become world famous for not wanting to be recognized. It is like quicksand. Fighting it makes it worse. He could have gotten an agreement behind the scenes without making fun of them, and now he is doing all this vile shit. We're not just talking about a individual who doesn't want to be made fun off, he is bullying and is out for revenge. The whole thing about advertising for him for 2 months is arbitrarily fucked up. To the point where it is indefeasible to have much support for him.
You cannot put yourself up there on Youtube and not.. He is making it so much worse. Nobody would care about this. H3h3 makes so many videos that it wouldnt make the top 100 of people giving a shit.
But like the guy in Spain, with the act of the right to be forgotten, that spanish man has become world famous for not wanting to be recognized. It is like quicksand. Fighting it makes it worse. He could have gotten an agreement behind the scenes without making fun of them, and now he is doing all this vile shit. We're not just talking about a individual who doesn't want to be made fun off, he is bullying and is out for revenge. The whole thing about advertising for him for 2 months is arbitrarily fucked up. To the point where it is indefeasible to have much support for him.
https://twitter.com/PhillyD/status/735541092527923201
DeFranco donated Ethan and Hila 5k towards their legal defence.
DeFranco donated Ethan and Hila 5k towards their legal defence.
benicillin
Banned
Damn, good on him. He's right, this is much bigger than just h3h3.
War Peaceman
You're a big guy.
SolidSnakeUS
Member
Awesome on him. Another guy donated 4K.
https://twitter.com/h3h3productions/status/735553595488227328
That's the dude who did Garry's Mod and Rust.
Garry Newman is the fucking man.
SolidSnakeUS
Member
Glad someone did this, chipped in 15 bucks because Ethan and Hila never fail to give me a laugh or two with their vids and I respect the hell out of them not even asking for money themselves. So why not?
Vigilant Walrus
Member
wow! :O
A Pretty Panda
fuckin' called it, man
Seemed to only be aware of the Ethan and Hila channel
what a world we live in smh....
Mental Atrophy
Banned
So are we supposed to be opposed to juries now? I've noticed this comment several times. Juries might be dumber and less consistent, but they're less prone to corruption and abuse of power.
Maybe not against but it might be really hard to explain the concept of fair use and just Youtube in general to a bunch of people. If they're able to "get it" then they will see how much bullshit Bold Guy is spewing and that he's just trying to extort money from E&H but if they don't, E&H are fucked.
I wonder if it'll make those garbage TruTV reaction shows impossible as well.
So weird for them to be sued over this vid. It's pretty gentle ribbing, and they even promote his channel at the end.
I am opposed to jury's period, not just now.
I am also not from the US so I have no particular attachment to jury trials.thing is that it just doesn't seem right that judgement is made based on anything but facts and law and I feel an untrained group of people that get put into a situation, worked on on an emotional level by lawyers and then have to make a decision is not how I would like my fate to be decided. It certainly feels to me that there would be a much higher risk of subjective judging.
Though corruption is not really an issue where I am from, maybe the US judges are more subject to that, I really am not qualified to say.
The fact that he's staging them to make himself looks "cool" and "edgy", but instead they just make him look like a creepy tool.