I'm not sure what would be a stronger indicator that they're trying to siphon views than them straight up saying so. Maybe they could argue they were joking but it's still stupid as hell to say.
I don't know about XQC but Asmongold periodically pauses the videos to offer his barely sentient ramblings and he does do consistently. So he has all his bases covered and can easily call his reaction videos transformative. Playing the whole video uninterrupted with no commentary is just not the same thing. There is a low bar for commentary - even playing clips with the video title being the commentary per the sargon verdict - if you can't even do that much you brought this on yourself.
yeah i think the joking thing could unironically work for kaceytron, since her inception she's always had the reputation of being a parody persona
I also liked the arguments he included from denims at the end of his video, about curation and the community aspect.. like she's not wrong when she says people wouldn't have watched it on their own, twitch viewers NEED to watch things through their streamers reaction, it's never enough to just watch the original video themselves, that's far too lonely. Assmongoloid's whole career is a testament to this, as are 80% of streamers, nobody's hands are clean from this reacting culture & parasocial farming.
but i haven't combed through the videos or anything, i doubt anyone has -- we're all just going off ethan's assertion that their reactions didn't meet the threshold of fair use, he showed some clips to suggest that was the case but those were mere minutes out of a 1h42m video
https://youtu.be/fbyr8Kc0b_U?t=22115 appears to be denims reaction which starts from 6hrs and she reacts to the ethan's nuke until the end of this video -- 4 hours, she stretched the 1h42m video into 4 hours of content, and skipping through she is making comments, silly face reactions, and showin off DEM TITTIES... maybe this doesn't classify as transformative?? but cmon
Also her admission to siphoning views was after she was done reacting to it
XQC apparently argued with Ethan about this previously(fair use) and he was making points how Ethan's argument boils down to wanting people to REACT HARDER
i dont see many posters going through the actual docket filings, i just took a look and i see a bunch of sperging about snark reddit users and there being links to Destiny VOD's and other 8 hour videos in the many many footnotes.... he said he wanted to sue the snark reddit at some point & i'm pretty sure that never came to fruition, it looks like he recycled and shoehorned a bunch of that stuff into this Denims complaint
ive been looking through it as i type this post and it really is insanely schizophrenic, nitpicking every single second of denim's reaction. Saying, "why didnt she react to this? why didnt she react to that?" i really hope he got AI to write this
seriously these complaints are like 40% israel-palestine bullshit, 40% h3snark ramblings, and 20% about copyright grievances wtf