Not saying EvilAJ2010 should do a copyright strike but if he did it would be ok...well I think. The thing about the TIHYDP videos is that they are a compilation of multiple videos totaling about 11 hours. Therefore, TIHYDP makes up about 10% of the original content so it would fit the idea that EvilAJ2010 is doing transformative work since he didn't upload the whole series. On top of that he has comments added to the TIHYDP video so adds more reason that it is transformative. People in the restreams mentioned the Sargon copyright case which was about clips too and apparently they won that it was transformative, so EvilAJ2010 might have a chance that he could win.
Now I understand that EvilAJ2010 may not want to copyright strike him to avoid the headache of dealing with Phil in court but who knows if Phil would get a lawyer and contend this. That being said what is stopping another person to copyright strike Phil's stream tomorrow and pretending to be EvilAJ2010. Knowing Dave he will say its actually him but EvilAJ2010 stated on Twitter he wouldn't strike the stream, thus proves that wasn't him but an impersonator.
The irony is that detractor channels were struck by "Darksydephil" but Dave said that wasn't him, so if all it takes is just saying "It was not me dood" then EvilAJ2010 could do the same. And that is using Dave's logic. So if Dave gets a copyright strike tomorrow then all I have to say is that you brought this upon yourself. Funny Dave calls his detractors mentally ill people who might harm others, and he does this rant saying "Fuck you trolls I WIN". Yeah bat the hornets nest and see if they sting your fatass.
FYI I am not a lawyer and this is not legal advice. Also I am not saying anyone should falsely copyright strike Phil under EvilAJ2010's name but I cannot stop you, so you do you.
I think a big X factor here is AJ privating the video.
That sets a clear, and very real precedence that AJ did not want the video getting out. The fact that he did it to make the piggy squirm is irrelevant, as it can't be proven. All we can say, beyond a shadow of a doubt, is that AJ does not want the TIHYDP being viewed or used.
The fact that Phil knows this, and has reacted to it, while speaking in specifics about it to boot, means that if he does get a dent to mirror it, it ceases to be a matter of transformation, and suddenly becomes a matter of privacy, for lack of a better word.
While Phil might be able to claim transformation, which would, admittedly, hold up, judging it by standards of LP and reaction content, he wouldn't be able to say shit against that, as it's a very simple question: 'If the video is private, how did you get it?' The answer of course being 'someone else sent it to me.' Someone he knows isn't AJ.
I'm not saying strike the fatass, I'm just saying it'd be very, very hard to argue it.
