Sargon of Akkad is being sued

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Grothesk's picture

Interesting Youtube drama.

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danmanjones's picture

How can you lose money on a video when someone else (with a much larger subscriber base) makes a video mocking it?

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BabyDuckling's picture

Stealing is wrong no matter what.

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Grothesk's picture

I wondered that as well.  If anything I would WANT H3H3 or Sargon to lampoon or criticize my video so it directs traffic that way. 

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Maxpower's picture

He keeps saying the H3H3 case set a precedent, but that's not actually the case. This post on Reddit explains it:

"Lawyer here, I am happy they won, but this isn't really a "huge victory for fair use" law. This is a district court level opinion and would only become binding law on other courts if Matt Hoss appeals and the opinion is "published." To explain further, there are three levels of federal courts. The lowest is district courts, where trials begin. Then is the circuit court of appeals, where either party from the district court can appeal the decision. Then you have the Supreme Court, where either party can appeal an appellate decision(although the Supreme Court takes very few cases). Now in that hierarchy the only opinions(the judges say on the issue) that are binding on other courts are published(meaning the judge decides it is going to be binding law) appeals decisions. This is a district level opinion and therefore not binding and doesn't really add anything to established fair use case law.

Here is an article about what I am talking about.

Furthermore, the way fair use defense works, everyone still has to defend the case in court. Just look at how much the Klein's spent on this defense for a pretty clear win.(Although they did go out and hire very, very expensive lawyers with all that internet money they got) And thankfully for them, they won at the summary judgement stage, which is before the case goes to full trial(meaning they saved money.) But not everyone is going to have that support or that money. I bet they depleted a large part of FUPA with this case alone.

Edit: I wanted to add that this is a great victory for the community. H3H3 won, it is persuasive authority for people to cite to, it shows that these cases can be won, etc. My only point is that for fair use law this did not set some huge precedent and I just wanted to explain why that is."

 

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