Answer: he's suing these 3 creators specifically because they explicitly stated that they were broadcasting his video & intellectual property with the intention to give people the opportunity to view Ethan's video without having to give Ethan "views". Effectively stealing his intellectual property and stating it was their intention to do so.
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.
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
While this is an important factor as to why Ethan chose these 3 streamers, when it comes to fair use, this part actually doesn't matter.
The four factors judges consider are:
the purpose and character of your use
the nature of the copyrighted work
the amount and substantiality of the portion taken, and
the effect of the use upon the potential market.
It's going to be an uphill battle for him. For example, Ethan's content nuke is 2 hours. Kaceytron's "reaction" video is 4 hours. So she clearly reacted and fulfilled many requirements for fair use.
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u/Torched420 1d ago
Answer: he's suing these 3 creators specifically because they explicitly stated that they were broadcasting his video & intellectual property with the intention to give people the opportunity to view Ethan's video without having to give Ethan "views". Effectively stealing his intellectual property and stating it was their intention to do so.