'I'm Suing These Three Creators': YouTuber Ethan Klein Takes Legal Action Over Alleged Infringement
Ethan Klein, a YouTube personality, has filed a lawsuit for copyright infringement against three Twitch streamers: Morgan "Frogan," Jean "Denims," and Kasey "Kaceytron." The case revolves around their reaction videos to one of his latest Content Nuke uploads, which targeted the political Twitch streamer Hasan "HasanAbi.
"
Bold Copyright Suit Instigated by a YT Creator on Twitch
One released video, titled I'm Suing These Three Creators, laid out the details of the lawsuit; Klein explained how the Content Nuke video was in itself meant to be a trap, knowing that many creators would re-upload or stream large segments of it with little commentary.
"It's not that I wanted these people to steal my video, it's that I knew they would. I knew they would watch the entire video, add little to no commentary, react to it instantly, giving them no time to form an opinion.
The trap was set, and it worked even better than I imagined it would."
The complaint alleges that the three streamers used "substantial portions" of his original video without sufficient commentary, criticism, or context for it to qualify as a legal transformation.
Reaction Content Under Fire
Klein's move is being closely watched by the creator community since it deals with one of the most hotly-contested issues in digital media: the contours of fair use in reaction content.
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The lawsuit alleges reaction streams in question were, in essence, rebroadcasts with a minimum degree of engagement—what Klein's lawyers refer to as "low-effort" attempts to cash in on his work.
"The defendants' approach fails to transform the original work," reads the complaint, in essence saying that just watching and maybe commenting on a video is really not transformative use of a work.
Klein has historically been hand booked into fair use battles: most notably, having recourse in 2017 and winning a case that set forth clearer guidelines for commentary-based content.
But this one looks as though he's now off the fair use sidelines and into policing what he views as exploitative content practices.
Ethan Klein Has Become Bald Guy 2.0 (Twitch Vod)
Many in the creator community perceive this as an important defense of original works, while others carry warnings that this could operate as a chilling effect on creative freedom for reaction videos, which constitute a staple medium for creators.
The case is presently awaiting further developments on the legal front, but one thing is clear: the battle over what qualifies as transformative in digital media is far from over.
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