A recent article published in the LA Times criticizes video game attorney h3h3, claiming that xQc’s lawyer “has no legal basis” to defend the company. The article points to the Defendants’ YouTube upload of an allegedly infringing video, even though it is a parody and not produced with a license from Matt Hoss. Despite the blatant lack of legal basis, h3h3 wants to fight for the rights of his client.
xQc’s lawyer criticizes h3h3
After the recent saga surrounding a video parody of Rust, xQc’s lawyer, Ryan Morrison, has hit back at the company and its creator, Ethan Klein. While Morrison has been called a “Video Game Attorney” by many, Klein defended H3 productions against a suit filed by Matt Hoss. The video parody was successful in mid-2017, with the game’s creators being awarded their fair use arguments.
Defendants publish Infringing Video on YouTube
In a recent case, a court ruled in favor of a plaintiff in a copyright lawsuit and dismissed the defendant’s motion to dismiss. YouTube uses a two-tiered approach to policing content for copyright infringement. Creators who have Content IDs can check videos before they are published, while ordinary users must use keyword searches to identify infringing content.
Infringing Video is a parody
In a recent court case, an online video producer named H3 Productions was sued for copyright infringement of his videos. While the video parody was intended to be funny and lighthearted, the case is far from a laughing matter. H3 Productions is a parody of video game attorney h3h3, but a legal battle is still looming. Despite this, the creators of the video have won their case thanks to successful fair use defense.
Infringing Video was created without a license from Matt Hoss
The lawsuit alleges that the defendants’ YouTube channel published an infringing video that was not licensed by Matt Hoss. In the video, Kleins spliced together nearly all of the original Work. As Hoss’s lawyer noted, “fair use does not preclude the use of virtually all of the work.” And although a video can be infringed if it includes at least one or more elements that violate the copyright holder’s rights, this usage does not always make the work infringing.”
Defendants have been hit with a “live” DMCA strike on Twitch
Twitch’s new DMCA policy has sparked a backlash from YouTubers and streamers, including Angry Joe. Angry Joe has previously complained about Twitch’s DMCA process. Two problems with Twitch’s new policy were cited by Angry Joe. First, the DMCA strike on Twitch is permanent, whereas YouTube’s DMCA strikes only last 90 days.
Defendants are a YouTube channel
A 15-minute video posted by the Defendants is the first evidence of this lawsuit. It was this video that raised the YouTube community’s attention and helped the defendants garner over $50,000 in donations. The lawsuit’s underlying issue is an infringement of copyright. Although Kleins owns registered copyright in the video, Hoss’ lawyer claims that the YouTube channel is popular primarily because of its talent and inherent likability.
Defendants are being sued by another YouTuber
In a recent court ruling, Defendants Hila Klein and Ethan Klein were found not guilty of copyright infringement. They were sued by YouTuber Matt “Hoss” Hosseinzadeh. In a video explaining the case, the Kleins explain that they posted a reaction video to a video from another YouTuber. They claim that the video violated the copyright of the other YouTuber.