(Relieved Ethan sigh)
[Hila giggle™]
[Ethan] Good job, Hila.
[Hila] Good job.
[Ethan choke™]
[Howtobasic screaming]
[H3H3 Theme Music]
] [Hila turns into a dinosaur]
[Ethan chokes on a frog]
[Ethan] Hell yes!
After a year and a half of doing depositions, filing summaries,
motions, hundreds of thousands of dollars later,
we slamMeD tHIs BiTCH DOOD!
YEEEEEEEEEEEEEEEEEEEEESSSSS
WE WON THE COURT CASE!
YEEEEEEEEES
[Hila] I'd never thought we'd be making this video.
(Duck flies into Ethan and Hila's home)
[Screaming intensifies]
[Ethan] I swear to God this would never happen...
It was a year and a half we were waiting for this!
And I'll tell you what, through all the grief,
All the-- all the drama, man, now I'm so happy we did it.
Because this is a landmark case, not just for us,
but seriously, the wording that the judge put into the opinion,
uh, is gonna strengthen fair use across Youtube.
This opinion by the judge is a "slam dunk"
Kobe,
take this L.
So what I want to do is read the judge's opinion
I want to show you guys all the little gold nuggets throughout here,
that are strengthening up fair use,
and ultimately vindicating us.
Completely.
And before that, I just want to thank you guys.
[Hila] Yeah. [Ethan] You know, without your support,
[Ethan] You know, without your support,
emotionally and financially,
I don't know if we would have made it through this.
[Hila] Every time I think about this lawsuit,
I also think about how thankful we must be, because of your guy's help.
It's insane.
[Ethan] Let's start from the top.
This is an opinion and order between
Matt Hosseinzadeh (Plaintiff) vs. Ethan and Hila Klein.
[Hila] Whaddup!
[Ethan] Defendants boi!
Step ta dis!
Kathrine B. Forrest, the district judge says:
AND DEFAMED PLAINTIFF.
[Hila] There were three claims,
the... copyright infringement,
misrepresentation, 'cus he filed a...
takedown, and we did a counter-takedown.
[Ethan] Mmm-Hmm.
[Hila] And defamation.
[Ethan] So he was suing us for three different things,
and the judge says,
"Take this L
for copyright.
Take THIS L for misrepresentation.
And, oh my god,
take this L too for defamation."
"The key evidence of the record..."
AS A MATTER OF LAW.
[Hila Giggle™] Hoo, that makes me rock hard dude.
I am fully chubbed.
When she wrote
"matter of law,"
I was like "Oh, shit dude.
Did i just take a Viagra?"
[Hila] It's so,
satisfying to hear, this,
because,
we've gone through the process of filing motions,
and they would reply with their motions,
and we would reply, and they would reply,
It went on for four times maybe.
[Ethan] Yeah, months. [Hila] I don't know the exact…
exact number, but every time they would argue
this is not a critique. This is not fair use.
[Ethan (as Matt Ross)] "They are not film critics,
so they don't have the right to criticise."
Dude, this is America.
[Hila] And we've… [Ethan] Everybody's a critic.
Everybody's a critic.
[Hila] We've spent months just trying
to argue all these bullshit claims,
and hear her say now there's
NO DOUBT...
[Ethan] Matter of law...
Oh my god dude.
Say it again!
I'm going to start telling to you to
talk dirty to me, Hila.
[Hila Giggle™] I'm gonna say, "Whisper 'matter of law' in my ear.
Hila, whisper 'matter of law' in my ear."
"Further, it is clear..."
MATTER OF LAW!
OH! I LOVE when she writes that!
"For these and the other reasons...
DENIED IN ALL CAPS!!
DENIED IN ALL CAPS!! x2
[Hila] I love that they use all caps.
like even...
[Ethan] DENIED!!!
[Hila Laugh™]
She's being all, like scholarly and shit.
DENIED!!!
Go Super Saiyan!
Here the judge says in a footnote,
which I think is very important and meaningful,
which I think is a great distinction,
because us, who do it well and respect fair use,
we hate these shitty Jinx style reaction videos.
[Hila] And I think everyone on YouTube also can tell the difference.
There's the classic, old school, dumb reaction videos,
where they just sit there and watch it,
[Ethan] Right. [Hila] And they don't say anything;
[Hila] And they don't say anything;
they just laugh with the video
or whatever.
And there's the other kind,
where, you know, people put in commentary, editing...
[Ethan] And so this is a presedence that went on both sides.
This is super powerful stuff.
[Hila] Thank you.
[Ethan] Thank you judge. Appreciate you.
Quintessential criticism and commentary!
Thank you judge!
That means we are the embodiment,
the hallmark of criticism and commentary!
[Hila] --Hard to explain how amazing it is to hear
her say it, because they've been arguing for so long.
Pages over pages, that we're not film critics,
it's just, you know, us stealing his footage.
[Ethan] Interesting we aren't film critics yet we can provide
quintessential
criticism and commentary.
[Cap snap™]
Just to give you an idea of some of the language
that was going on in these motions, our attorney wrote
"Plaintiff must realize he cannot treat well-settled law and undisputed facts like the women in his videos
they will not change simply because Plaintiff is persistent and impervious to their hostility."
[Ethan] Oh shit, dude, that is some fighting words man.
[Hila] That's so good.
[Ethan] Many of you guys may not seen this video because it was removed by DMCA,
by Bold Guy™, (please don't steal) he removed the video he thought it was a copyright violation.
And YouTube was obliged to umm.. do it
[Hila] Yep.
[Ethan] But I, you know, since the judge has come out,
and I think she said, if I can quote her--
a MATTER OF LAW
That it is fair use,
well I see no problem, because it was removed from Ethan and Hila,
that we shouldn't upload it right here on H3H3 Production, so--
if you guys haven't seen it,
go ahead and give it a watch and have a laugh,
I think it's a great video,
it's a real classic, and I'll tell you what else?
There's a midroll on it,
there are ads fully monetized, fully enabled on that video, because I own it
I own that video, in fact
umm it is completely our intellectual properties
so I'll put mid-- I'm gonna put 3 mid-rolls on it
[Hila] I was thinking like..."Wait,--
is that a risk in anyway?" But then I was like--
[Ethan] We own it!
[Hila] "Wait, we got sued for it and we won."
[Ethan] We-- we OWN it!
Go enjoy it, go-- like the experience, it's--
and I hope that everybody gets the chance to watch and celebrate this video
not just for the comedy, for the "quintessential commentary" that it exhibits
but that it's a hallmark for fair use,
this is a video, that won "fair use" on YouTube
[Hila] They said that there is "no doubt"--
[Ethan] No doubt, really
You know? So go enjoy it, and uhh...
watch the ads, so that we can make money from the property we own
[Ethan] So the 3rd factor is an important one, because it talks about the amount used
and everybody involved would say--
fairly that we did use a lot of the work,
but something that we argued and always believe, is that--
the amount that you used has actually no bearing on fair use,
the only thing that matters is that you use it for a reason.
"Without using actual clips, the commentary and critique here would lose context and utility--"
"--Here, the 'extent' and 'quality and importance' of the video clips used by the defendants were reasonable---"
"--to accomplish the transformative purpose of critical commentary."
"This factor is therefore neutral--a great deal of plaintiff's work was copied,--"
"--but such copying was PLAINLY necessary to the commentary and critique."
[high five]
--- 'the fourth factor thus weighs in FAVOR --"
"--of a determination of fair use."
Alright, now let's move on to defamation, which he claimed that we defamed his character
[starts reading]
"(line 3) ---is a quintessential--"
[keeps reading]
"---therefore the statement is clearly not actionable--"
[Ethan] So, he's suing me, for "characterizing" him--
as a-- as someone suing us because he doesn't like our criticism
so he said "They're making me look to be like a litigious loser who just sues people that make fun of him."
and the judge is like "yeah, so what, that's his opinion"
[Hila] Yeah
[start reading]
"(line 2) --and nothing happened"
[Ethan] This-- this phrase haunted me, throughout this--
they are suing me for defamation for saying--
"several months passed and nothing happened"
[video] so...several months passed , nothing happened
and then we get an email from Bold Guy's lawyer--
but we didn't include that in the video, because we thought--
[Ethan] it was not essential
[Hila] It wasn't gonna change anything, yea
and so he said, because we didn't include that detail, that changes everything--
--and that's defamation
[Ethan] She said about that statement--
[more reading]
"--who immediately activates his lawyer when he is criticized."
[Ethan] I mean...I don't wanna say anything, but that kinda...
[more reading]
"---had no communication."
[Ethan] Second, this is my favourite part, the judge just SLAMS this part
[reads]
"(line 5)--- would change that perception."
Thank you judge!
[Hila] She's saying, that email, was not gonna change ANYTHING.
because if you have seen that email...
What she's saying is You should be happy they didn't include that email, essentially,
in which you, quote "threatened 'costly' legal action, if defendants did not comply within 24 hours"
by the way, I mean,
that kinda sounds like a litigious trigger-happy guy who [Hila: Exactly!] activates his lawyers, I mean--
I-- that kinda does, you know, I'm not a lawyer, but--
just-- that's kinda an assumption to draw from that
[reads] "In other words------
[gradually increase volume of reading]
"----Claim III is HEREBY DISMISSED."
like the copyright claim think business is like "okay let's do this--
--let's dance in court and get to the bottom of this"
You trying to sue me for defamation?
Get that weak shit outta here
[reads]
"---judgement is DENIED" !!!
I'm elated, I'm relieved, I'm stoked, I'm happy we toke this journey--
I'm happy that the opportunity came to us,
to stand up and set this important precedent, for fair use on YouTube
The word is out,
Thanks to Matt, fair use is alive and well
[Hila] I can't believe we are finally here, making this video
[giggles]
It's...a year and a half, we've been dealing with this shit
We talked so much about what would we do when we win, if we win
[Ethan] I didn't even know now, I'm just shocked--
[Hila] Here we are.
[Ethan] Thank you all you guys who joined us on this journey who supported us and--
encouraged us along the way
Thank you to our 2nd attorneys who locked this bitch down and took us to the end-zone
I also just want to say as a personal note to all of our fans that--
we're in the process of moving, so we haven't been posting as much on H3
We're gonna get back to into that, probably next week
We've been working hard on the podcast tho
ummm.. we've been doing 2 episodes a week
It-- I thought it went great!
I'm super proud, of how that had turned out
You can check it out on the H3H3 podcast channel,
which is in the description, the side bar,
if you want to watch LIVE every week,
link is in the description
Thank you, you guys, we love you, we did it, papa bless 💕
[Hila] this is a win that we all made happen together--
[Ethan] This is definitely we all-- we ALL won this together
and as big thank you to Philly D,
who turn this from our problem,
into a community problem, he's the one who's like---
And he mobilize everybody into this great cause
so I thank him, I thank you guys--
this is really a huge collective win, for EVERYBODY
and I'm glad that we had the opportunity to be the one to fight it,
and for you guys believing in us
and umm.. I'm just super happy, man, I'm super relieved
so with that being said...
we've got some fresh, spicey reaction videos on deck
We've been working hard on the podcast tho
ummm.. we've been doing 2 episodes a week
[Ethan] But I--you know, since the judge has come out,
that it is fair use,
I think it's a great video
I'll add some mid-roll on it
[Ethan] We own it!
[Hila] "Wait, we got sued for it, and we won"
[Ethan] it went from Ethan and Hila to our main channel
[Hila] --that it's fair use
[Ethan] She said "no doubt"
[keep reading]
A hooooooo~
[Ethan] I love that
[Hila] The only thing that happened in that time, was that we got an email from them,
[mumbles]
[Ethan] YOU'LL HATE HIM MORE, you'll probably HURT HIM
I REST MY CASE!
[Hila giggles]
[Ethan] That one really piss me off, if you couldn't tell
GET OUTTA HERE!
"---judgement is GRANTED"
in all caps!
[Ethan] we've got some fresh, spicey reaction videos on deck
[Ethan] we just had Jake Paul, AND the KTLA reporter on the podcast
go to twitch.tv/h3h3productions
"Yo, this affects all of us"
[outro music]
Không có nhận xét nào:
Đăng nhận xét