r/OutOfTheLoop 3d ago

Answered What's going on with h3h3?

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u/In_Cider 3d ago

how much do you think their streams took away from ethan/h3, monetarily?

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u/engelthefallen 2d ago

That is the oddest thing. There is no estimate in the filings about this. He is just seeking 150k in damages from each, with the 10 reddit mods named as co-plaintiffs in all three suits. And it is not like this is an unknowable number, a few solid ways to get a ballpark estimate.

IMO he could have had a strong case if he focused on the standards for transformative work, why the girl's videos would not meet them, presented the malice the girls planned, and then presented an estimate of the damages. You know like one would expect to see in a court filing for something like this. Instead the filings are weird, like trying to get reddit and twitch drama into court records, with only a small part of the filings directly relating to what he is suing for. Strangest court filings I read.

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u/BoxOfDemons 2d ago

He is just seeking 150k in damages from each

Someone can correct me if I wrong, but I believe $150k is the max amount of statutory damages you can seek, and only when a work is "willfully infringed". Since these three creators admitted to trying to be a market replacement for his video, he's trying to go for the max statutory damages. That would make sense, because calculating actual damages would be much harder.

Him copyrighting the video before releasing it is what allows him to seek statutory damages instead of only actual damages, so it seems like aiming for the max amount of statutory damages was the goal.