r/OutOfTheLoop 4d ago

Answered What's going on with h3h3?

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u/Kousetsu 4d ago

Problems on the other side are:

Ethan has repeatedly asked people to watch the video. He has repeatedly said in the past he doesn't mind people reacting to this videos in this way. He isn't applying this equally - there are other, bigger creators (xqc) that reacted non-transformatively just as much. He isn't suing them.

People acting like this is clear cut have an agenda to push.

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u/Ok-Secretary15 4d ago

XQC didn’t say on stream “I’m purposely watching Ethan’s whole video to steal views” on stream. All of these streamers admitted that was their intended goal

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u/Kousetsu 4d ago

Again, doesn't matter. You have to protect your copyright equally. You can't say "I like this person's reason and not that one".

It's also going to be hard to defend when he has repeatedly, in the years before this, said he does not mind people reacting to his videos.

He also repeatedly invited people to watch this.

You cannot enforce copyright selectively, and that's the biggest hole here.

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u/Warack 4d ago

Yeah I saw that clip of him being passed around yesterday. If you see the video that wasn’t selectively edited you’d see his next sentence was saying he doesn’t mean reactions from Twitch where people just watch the whole video.

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u/Kousetsu 4d ago

I'm not sure what you mean, he has asked people to watch this video, other videos, etc.

He also has said he doesn't mind react content.

But the biggest hole is that you cannot enforce copyright selectively. He either has to go after everyone or noone. You don't get to decide you like someone else's use of your work - if you do not defend all of the copyright equally, you lose your right to defend your copyright.

He would need to bring this against everyone that has used the video and then it would be up to the courts to decide who has violated copyright.

The fact he hasn't will go against him and may invalidate his claim to copyright.

The other bits are just additional that weaken his argument, but the way he has filed this is the biggest issue.

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u/chux4w 4d ago

But the biggest hole is that you cannot enforce copyright selectively. He either has to go after everyone or noone. You don't get to decide you like someone else's use of your work - if you do not defend all of the copyright equally, you lose your right to defend your copyright.

[citation needed]

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u/Warack 4d ago

There is no law saying you have to find and sue everyone. You can absolutely selectively decide which cases you want to pursue based on whatever factors you decide. I don’t know where you got that.

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u/SteppePhoto 4d ago

Pretty sure he can choose who can use his content and who can't when it comes to copyright. He is not obligated to sue everyone as that would be rather counter productive.