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Triller Sues H3 Podcast for $50 Million Over Jake Paul Vs. Ben Askren Fight

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  • Triller is suing Ethan and Hila Klein’s H3 Podcast for $50 million, alleging that the YouTubers unlawfully broadcasted its boxing match between Jake Paul and Ben Askren on their show.
  • The video-sharing platform previously filed a larger lawsuit against several outlets, including H3 Productions, for the same reason, but a court dropped the majority of the defendants from that suit, still giving room for Triller to refile against each platform individually. 
  • Triller did not specifically cite when the H3 Podcast aired the fight; however, Ethan gave a statement to Rogue Rocket claiming his utilization of clips from the event fall under fair use copyright laws.
  • “It’s a huge media company trying to suppress fair use and undo everything we worked for [with the] Matt Hoss case,” he said, referencing a landmark fair use case he previously won.

H3 Podcast Sued for $50 Million

Video sharing and streaming platform Triller filed a $50 million lawsuit against the H3 Podcast on Monday, accusing the show of unlawfully airing its April 17 boxing match between Jake Paul and Ben Askren.

H3 Productions, owned by YouTubers Ethan and Hila Klein, was previously included in a massive lawsuit Triller filed against a number of platforms for the same reason; however, a court dismissed all but one of the defendants, FilmDaily.com, from that case. The court did give Triller room to refile against each outlet individually, prompting this new suit against H3. 

The podcast is being accused of copyright infringement, conversion, violations of the Federal Communications Act, and violations of the Computer Fraud and Abuse Act, according to the complaint filed in the Central District of California

Ethan Klein previously denied broadcasting the fight but did admit to watching an already available pirated link.

What’s in the Complaint?

Triller said that H3 “acted knowingly, willfully, unlawfully and with blatant disregard to Plaintiff’s copyright in the Broadcast by uploading” the boxing match to YouTube. The company claims it “never authorized its respective copying, downloading, uploading, public display and/or distribution of the Broadcast,” but that H3 “continues to engage—and unjustly benefit—from its infringing conduct.”

“Defendant’s calculated and reprehensible infringement, theft, and other unlawful acts—committed in knowing violation of the law—has resulted in damages suffered by Plaintiff in excess of $50,000,000.00, by stealing and diverting upwards of 1,000,000 unique viewers of the illegal and unauthorized viewings of the Broadcast from Plaintiff,” the complaint says. 

The lawsuit does not specify when H3 aired the fight, but on an April 22 episode of the H3 Podcast, Ethan did briefly play the knockout from the event while giving commentary. During an April 25 episode of H3 After Dark, Ethan and Hila also played clips of Pete Davidson hosting the showdown. Neither episode aired the entirety of the event.

Ethan Klein Responds To Complaint

“It’s fair use,” Ethan said in a statement to Rogue Rocket. “Read their complaint. It’s 1mil x 50 dollars per [view.] It’s literally a fair use lawsuit and anything else is just a distortion.”

The couple previously won a landmark fair use case against YouTuber Matt Hoss. That case stemmed from the Kleins using footage from one of Hoss’ videos to make their own video response and commentary. Hoss argued this was copyright infringement. A judge ultimately sided with the Kleins, who believe Triller is aiming to reverse the progress their previous case made.

“It’s a huge media company trying to suppress fair use and undo everything we worked for [with the] Matt Hoss case,” Ethan said.

Still, a Triller spokesperson gave a comment to Insider saying the company is “confident” in its legal pursuits. 

“We are confident H3 will be settling and paying a substantial penalty (in the millions) in order to avoid the $50 million+ liability,” the spokesperson said. “People can try to joke about it, but it is stealing, no ifs, ands or buts about it.”

See what others are saying: (Insider) (Torrent Freak)

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Twitch Sues Two Users for Creating Hate Raid Bots That Targeted Black and LGBTQ+ Streamers

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Twitch said the two users were so relentless in their racist, sexist, and anti-LGBTQ+ hate raids that they forced some creators to stop streaming.


Twitch Sues Two Users

Twitch has filed a lawsuit against two of its users for allegedly creating hate raid bots that targeted Black and LGBTQ+ streamers with racist, sexist, and anti-LGBTQ+ content. 

The users named in the lawsuit, filed late Thursday, are CruzzControl and CreatineOverdose. While their legal names are currently unknown, Twitch said it traced one to the Netherlands and the other to Austria. It added that it will amend the suit to include their real names once it learns them. 

Twitch said both users began using bots to flood streamers’ chats with hate-filled messages in August. Despite multiple suspensions and bans, Twitch said the two continually created new accounts to continue their hate raid crusades. 

According to the lawsuit, CruzzControl operated nearly 3,000 bots that were used to spam the discriminatory and harassing content. Meanwhile, CreatineOverdose used “their bot software to demonstrate how it could be used to spam Twitch channels with racial slurs, graphic descriptions of violence against minorities, and claims that the hate raiders are the KKK.”

Twitch didn’t just stop at accusations of hateful actions and rule-breaking. It even claimed the two users were so forceful in their efforts to attack creators that they pressured some to stop streaming altogether, “eliminating an important source of revenue for them.”

Twitch Users Demand Change

Twitch creators have long complained about hate raids, but a number of small creators began organizing a cohesive movement in early August following what appeared to be a growing number of hate raids. 

Many demanded that Twitch address the situation by holding round tables with affected creators and enabling different features that would give them the ability to shut down incoming raids. Critics also called on the platform to provide detailed information about how it plans to protect creators moving forward. While Twitch did promise to implement fixes, a large portion of users weren’t satisfied with its messaging. 

The bulk of users’ efforts culminated on Sep. 1 when various creators participated in #ADayOffTwitch, a one-day walkout designed to reduce traffic on the platform. 

Despite Twitch’s lawsuit, a number of users have still said they won’t be completely satisfied with the platform’s actions until more is accomplished. For now, their primary goal is to have Twitch directly outline what steps it’s taking to prevent hate raids.

In its lawsuit, Twitch does make a cursory mention of several changes it said it’s introduced recently, including “implementing stricter identity controls with accounts, machine learning algorithms to detect bot accounts that are used to engage in harmful chat, and augmenting the banned word list.”

“Twitch mobilized its communications staff to address the community harm flowing from the hate raids and assured its community that it was taking proactive measures to stop them,” it added. “Twitch also worked with impacted streamers to educate them on moderation toolkits for their chats and solicited and responded to streamers’ and users’ comments and concerns.”

See what others are saying: (The Washington Post) (BuzzFeed News) (Kotaku)

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Streamers Protest Racist and Homophobic Hate Raids With #ADayOffTwitch

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The creators participating in the walkout want Twitch to implement policies that actively combat hate-raiding.


#ADayOffTwitch

Numerous Twitch streamers went dark on the platform Wednesday as part of a movement called #ADayOffTwitch, which participants have described as a way to stand “in solidarity with marginalized creators under attack by botting & hate-raids.” 

The protest was organized last month after a smaller creator by the name of RekItRaven, who is Black and uses they/them pronouns, had their streams flooded with racist messages twice.  

“This channel now belongs to the KKK,” dozens of users commented during the streams. 

Source: @RekItRaven

For RekItRaven, those messages also came at a particularly disparaging time, as they had just finished talking about how several traumatic experiences had shaped their life. 

Following the stream, RekItRaven began using #TwitchDoBetter, saying, “I love Twitch. I love the community that I built there… BUT THAT DOES NOT MEAN I HAVE TO ACCEPT BEING TREATED LIKE SHIT ON THE PLATFORM.”

Soon, RekItRaven’s concerns gained traction, prompting a number of other smaller creators to step forward with their experiences about being on the receiving end of hate-raids. Eventually, that morphed into Tuesday’s #ADayOffTwitch protest, which has been spearheaded by RekItRaven and two other small creators known as ShineyPen and Lucia Everblack.

Protesters’ Demands

The protesters are demanding that Twitch make several concessions moving forward. Those demands include the platform:

  • Holding round-tables with affected creators to assist with the creation of tools that combat abuse on the platform.
  • Enabling creators to select the account age for prospective chatters.
  • Allowing creators the ability to deny incoming raids.
  • Removing the ability to attach more than three Twitch accounts to one email address since hate-raiders can currently use a single email to register unlimited accounts. 
  • Providing transparency into the actions being taken to protect creators, including giving a timeframe for that implementation.

For its part, Twitch has already promised to implement fixes, saying on Aug. 20, “Hate spam attacks are the result of highly motivated bad actors, and do not have a simple fix.”

“We’ve been building channel-level ban evasion detection and account improvements to combat this malicious behavior for months,” it added. “However, as we work on solutions, bad actors work in parallel to find ways around them—which is why we can’t always share details.” 

However, for now, creators must still deal with potentially being hate-raided while streaming, which is why their anger toward Twitch has persisted.

Do Small Creators Have a Big Enough Voice?

The protest led by mostly smaller creators is also almost entirely composed of them. Because of this, the vacuum of silence from large creators, who hold a disproportionate amount of influence on the platform, has also led to frustration.

Many have pointed out that large creators will publicly show their support for minority causes during events such as Black History Month and Pride Month, but smaller users said they feel abandoned when those same creators don’t also actively participate in causes that directly combat minority hate. 

“Nobody gives a fuck if you take the day off. Nobody knows who you are That’s the truth,” streamer Asmongold, who has 2.4 million followers on Twitch, on a stream last month. “If people got together and they said, we’re all going to collectively do it, I would do it in a heartbeat. Right, I would do it. I’ve got no problem because I do believe in power in numbers, I absolutely do, which is why I don’t believe in this. Like, you can’t get a bunch of 20 Andy’s together and think that you’re going to do anything. Nobody gives a fuck.”

That said, some influential streamers have added their voices to #ADayOff Twitch. For example, both Rhymestyle and Meg Turney participated in Tuesday’s protest; however, both creators have hundreds of thousands of more followers outside of Twitch rather than on it. 

A number of smaller creators have also argued that it’s not feasible for them to take a day off even though they want to support the cause. For example, taking a day off could jeopardize them keeping their affiliate or partner status, which could, in turn, jeopardize their channels.

Meanwhile, others have argued that outcomes such as those are exactly what hate-raiders want to achieve, so logging off Twitch for a day could be playing into their hands. 

Others still said they wanted to participate but are contractually obligated to stream every day either because of sponsorships or other deals.

See what others are saying: (The Verge) (Engadget) (NBC News)

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CallMeCarson Announces Return to Streaming Following Grooming Allegations

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In his return announcement, the YouTuber promised to donate 100% of his proceeds to charity in hopes that he can turn a negative situation with a lot of eyes on it into something positive.” 


CallMeCarson Returns

Popular “Minecraft” YouTuber and streamer Carson King, known online as CallMeCarson, announced Wednesday that he will return to streaming following accusations he faced earlier this year of grooming and sexting underage fans.

In a video titled “Moving Forward,” King said he would begin streaming on Twitch again on Sept. 1 as part of what he is calling a “Year of Charity.” For the next 12 months, King plans to donate 100% of his proceeds to different charities, selecting a new one each month. 

“Before you start looking at this as an excuse to sweep things under the rug, that’s not what this is,” he explained in his video. “I’m doing this to turn a negative situation with a lot of eyes on it into something positive that can help a lot of people.” 

King did not address the details of the allegations that have been levied against him. Instead, he said he wanted to focus on what he can do in the future. 

“I’ve learned a lot this past year,” King said. “I’m not seeking forgiveness nor am I looking to make excuses.”

Grooming Allegations Made Against CallMeCarson

In January, members of his YouTube group The Lunch Club told “DramaAlert” that in March of 2020, King had admitted to grooming underage fans. They claimed to not know many details but stated that his confession ultimately led to the group disbanding. One former member, known as “Slimecicle,” even said he reported Carson to authorities.

The victims themselves ended up coming forward online. One, who identified herself as Sam, said Carson sent her sexually suggestive messages in 2019 when he was 19 and she was 17. She also posted Discord messages the two exchanged where King said he could not “control” himself and asked when she turned 18. 

Another girl, who went by CopiiCatt, said King sent her nude photos when she was 17 and he was 20. 

Following this, King took a hiatus online, and now, his return has been met with mixed reactions.

His “Moving Forward” video has been viewed over 1.2 million times, receiving 252,000 likes and just 14,000 dislikes. 

On Twitter, however, more people expressed frustration with his return and were upset by the swell of support for King despite the accusations against him. 

See what others are saying: (Dexerto) (Dot Esports) (HITC)

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