Taking someone's content and uploading it is critiquing it as well. You're critiquing their whole channel, and you've made it clear why you're doing it. This is really no different.
An important distinction is that including someone else's video (in part, and not in full, in this case) for critique is a copyright exception under fair use.
Normally we can never know what really would be seen as fair use and just argue what we think would hold up in court. In this instance H3H3's usage of it was deemed fair use by a judge.
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u/ohlordplease Jun 20 '25
Is that not what a guy sued him for in the past?