xQc Is Stealing Content (and So Are Most Reaction Streamers)

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Sorry, occupational hazard: This is not legal advice, nor can I give you legal advice. I AM NOT YOUR LAWYER. Sorry! Everything here is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney-client relationship. Also, some of the links in this post may be affiliate links, meaning, at no cost to you, I will earn a small commission if you click through and make a purchase. But if you click, it really helps me make more of these videos! All non-licensed clips used for fair use commentary, criticism, and educational purposes. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015).

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[Bobbybobbeh]

You didn’t have to cast viscous mockery on xqc on calling him a gibbering mouther, but you did, and I applaud you for that.

[lumdythelump]

Literally the phrase "my fans would be bored I talked too much" is indicating that he's using the video that they're watching as entertainment and not fair use.

[SamWal]

I can't wait to see xQc react to this video and leave it playing for 30 minutes while he's in the toilet. Peak reaction

[benoitverret]

Hey, don't compare xQC to your dog, your dog is way more comprehensible and a good boy.

[thwilbury]

Devin: "You can't just describe what you're seeing, and call it commentary."

Sssniperwolf: ...

[SebastianTorres-uzjq]

Imagine going to court and the judge ruling that you have no case cause the defendant called you the king of cringe

[quittison]

"... a problem near and dear to my heart and, more importantly, my wallet."

Yup, he's a lawyer alright.

[mohaimenmitul]

How XQC became this popular will forever remain one of the world's greatest mysteries for me.

[Ole_Rasmussen]

"Chat gets bored if I'm the one producing the content on my stream" he admits he can not maintain an audience on his own

[yarion]

Hasan's defence of "90% percent of content creators don't mind." Just doesn't hold any water. You can't infer consent by an imaginary vote of majority.

[bigchez]

"If I talk, chat gets bored" is the most hilarious self own from the most unhilarous unselfaware guy I've heard in years

[LunaManar]

Back when tumblr was more of a thing, I ran a fandom blog for a video game I like and reposted fan artwork on a regular basis.

I asked every single artist for permission to post their work. If I couldn't source the artist, I didn't repost it. If the artist didn't speak fluent English, I looked up some copy/paste scripts and used those to ask (usually including a machine-translated notation of my own that apologized if the wording/grammar sucked).

Out of literal thousands of images I posted to my blog, ONE artist gave me a polite 'no, ' and two gave me specific requirements I had to follow in order to repost, which I did of course. of them, though, were *just happy I gave enough of a crap to ask, * and were more than happy to let me do so, often with a request for a link so they could see it on the blog and even so they could follow it.

Asking permission isn't just ethical and a good idea, it will net you new followers and even make you some long-term friends. It might be one of the best ways of getting to know cool people, at least in my (admittedly small-time) experience.

[thelusogerman]

I love how "the king of cringetube" is actually written in a full on official court document somewhere

[noapld]

I have to applaud the person who wrote the captions for this video for the effort they had to put to translate xQc's uncoherent noises for the rest of us

[Salted_Fysh]

Hot legal take:
When a livestreamer leaves for a toilet break, they may employ the infamous "pause video" button while they are aware.

[harrysiddall]

That judge did such a thorough and comprehensive job breaking down exactly why some reaction content is absolutely fair use, and why some isn't. Hats off to her, shes an absolute chad.

[TheNN]

A thousand and one red flags went up in my brain as soon as I heard xQc and 'exposure' for vid makers. As someone who has done commissions and work for people in the past, the second I hear "I'll give you exposure for your work" any sympathy or positive thoughts I had about him went completely out the window. 'Exposure' is just a buzzword to avoid having to pay people their due.

[antarchy]

If you talk to your chat and they get bored, that means you're boring.

[kazedfrench]

xQc getting paid millions to sit in his chair and watch videos is the most confusing thing I've ever seen

[ant]

On the other hand it is completely frustrating when obvious fair use of copyright material (e.g. fragments of Disney cartoons in an hour long lecture) will resolve in DMCA strikes without any second thought or consideration :(