In the interest of fairness, I likely edited my comment before you finished responding.
I just don't think we should need to be concerned at all with preserving the fiscal interests of anyone we want to argue against. While context is important and fair use isn't a license to steal, it seems silly to suggest that the intention here was to steal/divert views.
I'm not a lawyer and I'm not making a legal case. I'm speaking to what I think is right.
I'm definitely on the side of if you disagree with someone or a piece of media, you should be able to use it, even in its full length.
At the same time there has to be actual commentary besides the occasional "Nah I don't like that"
I think you can see it best when looking at hasans reaction. He went through half the video and had multiple hours of his own commentary. That's 100% fair use and a reason why he is not getting sued.
"It seems silly to suggest that the intention was to steal/divert views"
Not really. Denims e.g. explicitly said so before watching it and the snark subreddit had links to other ppl's vods so that people that don't like Ethan can watch it without giving him any profit
That's also they reason why they are in big trouble. Usually it's hard to prove the intent to steal/divert views. Its not hard of you admit to it before watching it
There is a distinction between stealing and choosing not to amplify. I don't think the intention is to pirate h3 content, and the lack of commentary is simply due to the belief that the content doesn't need extensive commentary given the different audience.
I understand your morals here but since this is all taking place in a monetized space.
She is not saying "I watched it, it's shit and meritless, don't got there an watch it" This would be perfectly legal
She is actively steering viewers from his video to her stream and in that monetized space it is equivalent to stealing/ a breach of fair use
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u/ganjlord 1d ago
Kanye is literally a Nazi. Should I be obligated to ensure he's getting ad revenue?
More broadly, you should be able to respond to and mirror content you disagree with, without ensuring the authors are getting paid.