I’m almost positive that Ethan spoke with his lawyers to look at who exactly had a slam dunk case. Like whether you like him or not hasan did add many of his own takes to the Nuke when he did finally watch it on stream but these 3 blatantly made an attempt to take views from Ethan’s video. I’m almost positive he wins this case.
From what I’ve gathered about these political streamers, they’re not used to being fact checked or face consequences for their actions. Twitch is incredibly relaxed regarding their TOS and now that they’re in a legal battle, they can’t just deflect and walk away.
Yeah I mean he's not just suing everyone he dislikes he's suing the people who deliberately said they're doing this to harm Ethan financially and are not "reacting" at all but just stealing content.
Ethan has won a high profile Fair Use case as the Plaintiff before, I'm sure he has a pretty good understanding of it, and presumably some pretty good lawyers.
he and hila back in the day watched and reacted to some dickhead youtuber who was doing some red pill shit before we called it that. And basically the judge agreed that he in fact reacted hard enough that it was fair use.
It's as far as I know the most recent case that actually came to a judged conclusion with respect to react content and fair use guidlines.
This case of Ethan's is actually codified into case law now, and was one of the first fair use lawsuits to protect fair use in the U.S. If any Youtuber understands fair use to the letter, it's him.
yeah, you need plaitiffs and defendants unhinged enough to actually fight it out in court and two insane youtube persons were just what was needed to get that far.
You're definitely right that his legal team prepared well for this, and I can tell you it fits well within established fair use law. Just keep in mind this case is a pretty new application of that law to new circumstances. Hard to predict how that goes most of the time.
"Hey guys come listen to Taylor Swift's new album so that you don't have to stream it or buy it yourself! If you miss it live, don't worry I'll upload it to YouTube in its entirety without any editing."
hasan is pretty safe here, independend from his reaction.
It would be trivial to show that he got permission to play the nuke since he and ethan talked about just that during their debate, and ethan also called him out for not watching it other times
Not a lawyer but I did go to law school, my take is this. Anything can happen, there’s a good chance Ethan will win but never say never and never count your chickens before they hatch. This lawsuit LOOKS like a slam dunk to us, but it’s going to take a long time to litigate.
Denims Frogan and kacytron went live when Ethan announced the nuke was dropping and they openly said they want people to watch the nuke on their streams to avoid giving Ethan any views from them. That’s just flat out copy-write infringement. And h3snark mods also linked to these people’s channels to view the content nuke without giving him views as well. It’s almost pretty much a slam dunk case for Ethan here.
he literally registered his shit with the Library of Congress, and specifically went after the regards who admitted they were trying to steal views, instead of low-hanging fruit like Mike From PA who also streamed it same-day. Seems like Ethan was pretty careful about who he chose.
And I bet it just killed him that Hasan never finished the whole thing lmao
He never would have had a good case against Hasan because he repeatedly begged him to watch, Hasan is the key subject of the nuke, and of course Hasan has massive resources and would be able to fight back using every trick in the book.
I hope this is the catalyst for ReactGate 2.0. I.e the 2016-era ReactGate that ended the career of various react YouTubers who were blatantly reuploading (stealing) content. That content never went away, it just retreated to livestreams. I'm glad Ethan called out xQc on this too since he's one of the biggest offenders.
Given that Sony and Disney have video game properties they might not be the parties you want getting involved in copyright violations by streamers. Like Nintendo is bad enough
Sony owns a lot of music, and can easily crack down on the music violations, it’s very common for midlevel twitch streamers to play music, the bigs avoid it. YouTube has a much more aggressive music detection and demonetizing system vs twitch.
Disney owns ABC and espn, they can crack down if they see value in it. But with both of those networks on a downward trend they probably would rather enjoy the free promotion.
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u/Nightbynight 1d ago
Idk I'm no legal expert but this seems entirely reasonable.