Why The Ethan Klein Fair Use Lawsuits Are Way More Than Internet Beef

When Twitch streamer Denims made a reaction video about Ethan Klein's nearly two-hour takedown video of Hasan Piker, she wasn’t expecting to be sued for copyright infringement. She employed a commonly-used method of streaming the original video and interjecting with reactions, commentary and analysis. But Klein, who was once seen as a champion of fair use after he won a similar lawsuit in 2017, sued Denims and other content creators anyway. Morgan talks to Denims and journalist Kat Tenbarge about what made these cases different and how reaction content across the internet could change based on how the courts ultimately rule. Guests: Denims, political Twitch streamer Kat Tenbarge, independent journalist, Spitfire News Further Reading/Listening: A Political Reckoning for Twitch? | KQED — Close All Tabs, KQED Ethan Klein's War on Women — Kat Tenbarge, Spitfire News Ethan Klein Doesn’t Deserve My Apology — Kat Tenbarge, Spitfire News A YouTuber kicks up a stink over a flatulent “reaction” video — staff, The Economist What's Up With Copyright Lately?: Summer Breeze Edition — Aaron Moss, Copyright Lately Should YouTube introduce revenue-sharing for reaction content? — James Hale, Tubefilter 'Reactgate': Twitch streamer xQc and 'H3 Podcast' host Ethan Klein debate whether 'reaction videos' are 'stolen content' — Katie Mather, Yahoo News How h3h3's Ethan Klein Might Change YouTube Forever — Melissa Chan, Time Magazine Read the Transcript here Email us at [email protected] Follow us on ⁠Instagram⁠ and ⁠TikTok⁠ Credits: Close All Tabs is hosted by Morgan Sung. Our team includes producer Maya Cueva, editor Chris Hambrick and senior editor Chris Egusa who also composed our theme song and credits music. Our intern is Lauren Yoon. Additional music from APM. Audio engineering by Brendan Willard. Audience engagement support from Maha Sanad. Jen Chien is our Director of Podcasts. Ethan Toven-Lindsey is our Editor in Chief. Learn more about your ad choices. Visit megaphone.fm/adchoices