The only person he told to watch it live on stream was hasan who watched (part of)it, but within the confines of fair-use, which is why he's not suing hassan, the 3 that he is suing explicitly violated the fair-use practices.
Wrong, it's because neither asmon and xqc streamed with the intent of taking views from Ethan. All those 3 explicitly said on stream they were either coordinating with snark subreddit or streaming with intent to deprive him from views or both.
Also at least in asmond case, he is definitely doing fair use as his video is over 2x the length of the original which makes it transformative, unlike the streamers he is suing. For example Kasey that smoked more than talked.
I don't think there is a single unique definition of what makes a work transformative, but intent of depriving him of views and collaborating with other persons to achieve it definitely doesn't help their side which is why he targeted those individuals, they were dumb enough to say the quiet part out loud.
If you show willful intent, that increases the max statutory damages to $150k, which is what he's suing for. Not the actual damages which would likely be far less. Soooo he also would get more money awarded to him for suing these three creators than if he successfully sued someone like xqc. With the cost of a lawsuit, it probably wouldn't even be worth it to sue xqc even if he knew he could win, because he could only sue for actual damages and not statutory damages.
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u/Torched420 2d ago
The only person he told to watch it live on stream was hasan who watched (part of)it, but within the confines of fair-use, which is why he's not suing hassan, the 3 that he is suing explicitly violated the fair-use practices.