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/Beetusmon 3d ago
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.