After Triller sued the popular H3 Podcast for $50m claiming that the people behind it had pirated the Jake Paul vs. Ben Askren fight on YouTube, the defendants sought to dismiss the "fatally flawed" complaint.
Full Answer
Was the h3h3 podcast sued by Jake Paul?
The H3H3 podcast wasn’t the only ones being sued by Triller and Jake Paul, apparently a lot of websites were named and a few other streamers as well.
What happened to Ethan Klein's H3 Podcast?
Hila and Ethan Klein. Triller has filed a new $50 million lawsuit against Ethan Klein's "H3 Podcast." Triller filed this lawsuit after a previous suit saw all defendants but one dismissed. The company claims that the podcast "illegally retransmitted the broadcast."
Why is triller Fight Club suing the H3 Podcast?
On Monday, Triller Fight Club filed the new lawsuit with the "H3 Podcast" as its only defendant. The complaint, reviewed by Insider, alleges copyright infringement, violations of the Federal Communications Act, and violations of the Computer Fraud and Abuse Act.
What is the h3h3Productions podcast?
h3h3Productions is a YouTube channel hosted by Ethan Klein and Hila Klein, an Israeli-American husband and wife duo. The majority of their content consists of reaction videos and sketch comedy in which they satirize internet culture. The H3 Podcast is their podcast channel that has been running since 2017.
Why is H3 Podcast being sued?
The legal battle started in May 2021 when Triller sued Ethan and Hila Klein alleging they pirated Triller Fight Club's copyrighted materials on their H3 Podcast — namely a match between influencer-turned-boxer Jake Paul and MMA fighter Ben Askren.
Is Ryan Kavanaugh suing Ethan Klein?
Case Summary. On 11/29/2021 RYAN KAVANAUGH filed a Personal Injury - Assault/Battery/Defamation lawsuit against ETHAN KLEIN. This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. The Judge overseeing this case is HELEN ZUKIN.
What happened H3 Podcast?
YouTube confirms strike on H3 Podcast channel for violating the platform's harmful and dangerous content policy. A YouTube spokesperson told Insider that the platform issued a strike to the H3 Podcast channel. The spokesperson said the channel violated the platform's harmful and dangerous content policy.
What is Ethan H3 net worth?
Ethan Klein Net WorthNet Worth:$20 MillionDate of Birth:Jun 24, 1985 (36 years old)
Why does Ethan Klein not like Ryan Kavanaugh?
The latest legal action against Klein comes as he is facing a defamation lawsuit from Kavanaugh, which alleges Klein defamed him in numerous ways, including alleging that Klein bought paid traffic to harass Kavanaugh, promoted unsavory stories via SEO, and referenced news articles about Kavanaugh on his podcast that ...
Who is the owner of Triller?
Triller, the social media platform majority-owned by former Relativity Media chief Ryan Kavanaugh, is going public in a reverse merger with ad tech firm SeaChange.
Is Ethan Klein still married?
Personal life. She first met Ethan Klein in Israel, at the Holocaust Yad Vashem Museum during her service in the Israel Defense Forces in 2007. The couple married in October 2012. Their first son, Theodore, was born in June 2019, their second son, Bruce, was born in February 2022.
Why did H3 families end?
“We ended families to protect my parents from the internet,” Klein claimed. “Coming off my mom's beef with Trisha, and like, how they're getting into stuff with people on Twitter. They don't need this in their retirement, in their old age.”
Who is Ethan Klein's new co host?
Hasan PikerH3H3's Ethan Klein revealed Hasan Piker as his new co-host.
What is Tim Pool salary?
How much money does Tim Pool make? Tim Pool's per year salary is $500k.
Who is the richest YouTuber?
MrBeast is the new No. with record earnings, and Jake Paul ranks second despite past scandals. Here's how much these celebs raked in. ... Jake Paul ($45 million) and No. Markiplier ($38 million)–also would have made that Celebrity 100, which had a $35 million cutoff.
How rich is Bobby Lee?
Bobby Lee has a net worth of 1 million dollars. Robert Lee Jr....Bobby Lee Net Worth 2022: Assets Wealth Income Biography.Net Worth:$10 MillionMonthly Income:$250,000 USDDate of Birth:September 17, 1971Gender:MaleHeight:5 ft 4 in (1.64 m)4 more rows•6 days ago
Fair Use Defenses
According to the motion, Triller is seeking to separate the ‘reference’ video and Klein’s viewing of the broadcast from the use of the broadcast in the podcast.
Vicarious Infringement Claim Fails
To prove a vicarious copyright infringement claim, the defendants say that Triller must show that the defendants had a direct financial interest in the alleged infringing activity by showing a causal relationship. They counter by noting that the ‘reference’ video had no sponsorships and was not monetized on YouTube so Triller’s claim fails.
Who sued H3H3?
The H3H3 podcast wasn’t the only ones being sued by Triller and Jake Paul, apparently a lot of websites were named and a few other streamers as well. Triller is saying that as long as whomever found the back way to stream pays the $49.99 that they charged to watch Jake Paul make an ass of himself that they won’t sue those participants, ...
Why is H3H3 podcast dirty?
Okay, so apparently Jake Paul and Triller seem to think that Ethan Klein of the H3H3 podcast has done them dirty because the podcast itself is being sued for $100M for piracy.. what? Piracy is that thing that happens when people download the fight to upload on other, free formats for other people, or they stream it for their friends for free ...
Why did Jake Paul and Triller sue H3H3?
Either way, Triller and Jake Paul, even though they said that the fight generated over $65M, that was not enough green for them , so they decided to sue the H3H3 podcast for piracy.
URL of Unlisted Video Was Displayed In Podcast
According to Triller, the “stolen” clip used in the H3 episode contained a piece of information that undermines the defendants’ case. By displaying the fight clip and its URL (location on YouTube), a breaches of copyright law took place.
Other Fair Use Factors Cannot Be Relied Upon
Again focusing on the ‘Unlisted Video’ rather than the H3 Podcast episode, Triller says that there was no comment or criticism in it. It was a “substantial portion” of the broadcast, in its original form, and was in no way transformative.
What is the name of the YouTuber who filed a lawsuit against the Kleins?
Fair use lawsuit. In April 2016, Matt Hosseinzadeh, an American YouTube personality who goes by "MattHossZone" and "Bold Guy", filed a civil action against the Kleins for copyright infringement.
Who is Hila Klein?
h3h3Productions. Ethan Klein (born June 24, 1985) and Hila Klein are an American - Israeli husband and wife duo best known for their YouTube channel h3h3Productions. The majority of content on their main channel comprises reaction videos and sketch comedy in which they satirize internet culture . Since 2017, the pair has also run ...
Where did Hila and her husband live?
During the early years of the channel, the couple lived together in Israel, in the Florentin neighborhood of Tel Aviv. The couple have a son, born in June 2019.
Is the H3 podcast a podcast?
Since 2017, the pair has also run a separate podcast channel, The H3 Podcast, which has been their primary creative focus since 2019, among other ventures. As of early 2021, the podcast has the fourteenth-biggest audience of any podcast, according to media analytics organization Media Monitors.
Did YouTube do a good job of keeping major advertisements away from racist content?
One of the authors of the Wall Street Journal piece, Jack Nicas, wrote another article on March 24, claiming that YouTube did not do a good enough job of keeping major advertisements away from racist content. Klein accused the report of being written selectively to maximize outrage.
Triller’S Complaint Is “Retaliation” to Criticism
Triller Says Defendants Used A ‘Bootleg’ Video
- Triller says that the defendants watched a pirated or bootleg version of the broadcast, uploaded it to YouTube, and showed an excerpt and its URL in the 4/22/21 podcast. However, the defendants say that the screenshot provided by Triller failed to show the URL and Triller could not provide it. It was possible to see the URL in the video with some work but ultimately the video received just 6…
Ethan and Hila’s Outreach to Triller Failed
- Late June, Ethan and Hila wrote to Triller demonstrating how each claim in the first amended complaint failed. Triller then submitted its second amended complaint (SAC), dropping three claims. In July the parties had a telephone conference but Triller remained “unpersuaded” that its SAC contained “fatal defects”. Triller responded by filing a new action against the defendants in …
Copyright Infringement Claims “Fail as Matter of Law”
- The defendants believe that Triller’s first copyright infringement claim is based on an Ethan Klein statement that he watched a pirated version of the broadcast. According to them, that’s not infringement. “Viewing a transmission – whether it be Triller’s April 17, 2021 transmission of the Broadcast, the Reference Video or the 4/22/21 Podcast – doe...
Fair Use Defenses
- According to the motion, Triller is seeking to separate the ‘reference’ video and Klein’s viewing of the broadcast from the use of the broadcast in the podcast. This, the defendants say, is something explicitly rejected under the doctrine of “intermediate use”, meaning that copying as a preliminary step in the creation of a fair use work also qualifies as fair use. “As such, Triller’s atte…
Vicarious Infringement Claim Fails
- To prove a vicarious copyright infringement claim, the defendants say that Triller must show that the defendants had a direct financial interest in the alleged infringing activity by showing a causal relationship. They counter by noting that the ‘reference’ video had no sponsorships and was not monetized on YouTube so Triller’s claim fails. On the allegations relating to the violations of the …
Conclusion
- “Triller’s abuse of the judicial process to punish and silence lawful speech can no longer be countenanced. Triller’s lawsuit is retribution for the 4/22/21 Podcast lambasting the Broadcast as a ‘disaster’,” the motion adds. “[T]riller persists in filing “disastrous” and fatally defective complaints – and the SAC is no exception. Since Triller consistently refuses to cease its abuse o…