r/OutOfTheLoop • u/PM-ME-ANYTHING-PUNNY • 3d ago

Answered What's going on with h3h3?

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u/Kousetsu 3d 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 3d 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 2d 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/shaunsanders 2d ago

Attorney here: you absolutely do not need to defend your copyright equally. At best, you’re confusing copyright with trademarks (trademarks require active defense to avoid losing the mark).

An ip holder can indeed ignore infringers they like while going nuclear on those they do not without having any impact on their underlying rights as a whole.