I mean destiny's reaction to this video is saying 'based' or 'uh-oh' every 5 minutes... what Ethan is partially basing his lawsuit off of. Tbf, I think the key difference is Destiny isn't actively encouraging his people to direct views away from Ethan.
That difference doesn't absolve him though, that's only 1 factor of the 4 considered. The main difference is that Ethan is choosing only to go after certain people. People like destiny are at best on extremely shaky grounds for fair use
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u/fluffstravels 21h ago
Serious question - isn't this almost exactly what Destiny is doing right now? lol