[sigh of relief] [Ethan] Good job, Hila. [Hila] Good job. [Ethan Klein Cough™] [Howtobasic screaming] [Upbeat music] [Hila War Cry™] [Greg is our overlord] [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 dude! YEEEEEEEEEEEEEEEEEEEEESSSSS WE WON THE COURT CASE! YEEEEEEEEES [Hila] I’d never thought we’d be making this video. [Screaming intensifies] [Ethan] I swear to God it felt like 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. [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 guys’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 in 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. [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!!! Goes Super Saiyan! Here the judge says in a footnote, which I think is really 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 precedent 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. 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 h3h3productions, so… If you guys haven’t seen it go ahead and give it a watch and have a laugh, I think its 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’s completely our intellectual properties. So I’m gonna to put three midrolls on it. [Hila] I was thinking like… “Wait,– is that a risk in any way?” But then I was– [Ethan] We OWN it. [Hila] Wait, we got sued for it and we won. [Ethan] We OWN it. Go enjoy it, go– like the experience, it’s– It went from Ethan and Hila to our main channel. 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 there is “no doubt”– [Ethan] No doubt, really. [Hila] That its fair use. [Ethan] She said no doubt, you know? So go enjoy it, and uhh… watch the ads, so that we can make money from the property we own. So the third 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 ‘context’ and ‘quality and importance’ of the video clips used by the defendants was 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] “Anyone seeking to enjoy ‘Bold Guy v. Parkour Girl’ on its own will have a very different experience watching the Klein video”– “which responds to and transforms the Hoss video from a skit into fodder for caustic, moment-by-moment commentary”– –“and mockery. Because the Klein video does not offer a substitute for the original, it does not (and indeed, cannot) usurp a market”– –“that properly belongs to the copyright holder. ‘the fourth factor thus weighs in FAVOR”– –“of a determination of fair use.” [Ethan joy] Alright, now let’s move on to defamation, which he claimed that we defamed his character. “Based on this Court’s review of the Lawsuit, it is clear that Claim III, in which plaintiff alleges that he was defamed, must be dismissed.” First, as plaintiff has acknowledged, the Lawsuit video is replete with ‘non-actionable opinions.’ For example, Ethan Klein’s statement that ‘I think that the heart and soul of this is … he doesn’t like that we made fun of him, and so he’s suing us” “(line 3) —is a quintessential–”
[Ethan] I love that. [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 says “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] [Ethan] This– this phrase haunted me, throughout this– they are suing me for defamation for saying– “several months passed and nothing happened.” So… several months passed, nothing happens, and then we get an email from Bold Guy’s lawyer– [Hila] The only thing that happened at that time was that we got an e-mail from them. But we didn’t include that in the video, because we thought– [Ethan] It was unessential. [Hila] It wasn’t gonna change anything, yeah. And so he said, because we didn’t include that detail, that changes everything– –and that’s defamation. [Ethan] She says about that statement– [more reading] –“who immediately activates his lawyers 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… [Ethan] You would hate him more. It would probably hurt him. What she’s saying is “you should be happy they didn’t include that e-mail,” 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.” [Ethan] I REST MY CASE. That one really pissed me off, if you couldn’t tell. 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 OUTTA HERE! Get that weak shit outta here. [reads] GRANTED!!! in all caps! –“judgement is DENIED!!!” I’m elated, I’m relieved, I’m stoked, I’m happy we took this journey– [Hila shakes her head] 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’re finally here, making this video! [sigh of relief + giggle] It’s a year and a half, we’ve been dealing with this shit. We talked so much about what we would do when we win, if we win. [Ethan] I dont even know now, I’m just shocked. [Hila] And here we are… Thank you all you guys who joined us on this journey, [Hila: Yeah] who supported us, 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 a personal note to all of our fans that: We’re in the process of moving so we havent been posting as much on h3. We’re gonna get back into that probably next week. We’ve got some fresh, spicy reaction videos on deck We’ve been working hard on the podcast tho. Ummm, we’ve been doing 2 episodes a week. We just had Jake Paul and the KTLA reporter on the podcast. It– I thought it went great! I am super proud… of how that turned out. You can check it out on the H3 podcast channel, which is in the description in the side bar. If you wanna watch live every week, go to twitch.tv/h3h3productions link is in the description. Thank you, you guys, we love you, we did it, papa bless!