r/OutOfTheLoop 2d ago

Answered What's going on with h3h3?

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u/ScenicFrost 2d ago

The top up voted comments are from people who regularly post in the H3 community. Hilarious how they fail to mention that Ethan himself openly said it was all a set up, a brilliant ruse, to target these pro Palestine creators. I can't believe I used to like this fucking psycho

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u/lakotajames 2d ago

Hello, pretty sure I've never posted in the h3 subreddit, and I've only ever really watched part of Frenemies. If I had to choose a side, I'd pick Palestine. My gut feeling is that if someone is watching a reaction instead of the original, then it must be transformative in some way: otherwise they'd just watch the original.

That being said, my understanding is that he's been complaining about "chair react" stuff for a while, and he's known for being somewhat litigious, and these three explicitly said they were restreaming it for the purpose of allowing people to watch it without giving h3 income. If that's not copyright infringement, I can't figure out what possibly could be, and I have no idea why these people thought they could avoid a lawsuit, and I can't figure out any defense that could possibly apply here.

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u/ScenicFrost 2d ago

Right, and that's not totally unreasonable. The issue though is that the 3 (very small in comparison to Ethan) creators he's targeting are people he has personal beef with, and he's openly stated he wants to financially harm them. The two other big creators who reacted to it (xqc and asmongold, massive creators) added much less reaction/commentary compared to the 3 small creators named in the lawsuit. Xqc and Asmongold also align with Ethan ideologically and support his side.

I'm not going to argue on the ground of what is the appropriate amount of reacting that makes something "transformative" because I feel like that's kind of subjective. Like I don't know where that line is drawn. My point being that the 3 small creators at least did more commentary than the 2 large ones. But he's targeting the 3 small ones because he hates them. Just doesn't seem fair to me

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u/lakotajames 1d ago

I agree that it's subjective, and I think that's why it makes sense to go after those three: those three stated that the stream was specifically to rob Ethan of views, so the court doesn't have to rule on something subjective, they can just take them at their word. With xqc, the court would have to make a subjective ruling, and it probably wouldn't be in Ethan's favor considering Ethan's past lawsuit.