DarksydePhil / TheyCallMeDSP / Phil Burnell: General Discussion #2

[Balr0g]

Stop the cope. RawPhil, as much as I like him, steals Phil's content. Ask yourself if your "transformative" alterations would fly with a Hollywood movie. No, you'd get fucked six ways to Sunday. The difference however is that Phil doesn't have the smarts, patience, money, or mental health to start multi year process of suing his detractors.

Now I am not a laywer but browsing through the Youtube license systems I would agree that the restream is stealing as I expect Phil to use the standard youtube license. Buuuuut what about a pure streaming site like Kick? If, let's say RawPhil would restream Phil's Kick stream then what? Imho Phil can boast about suing and stealing all he wants he would have to fork out boat load of Cash to even get so far and probably on a case by case basis. His lawyer would just rake in cash and at the end of the day "nothing I could do the judge said otherwise". Plus if say he gets this through then what about Let's plays? From my understanding they also exist in a state of legal limbo. Imagine Phil destroying his career by ripping the unspoken rules of streaming and content creation apart? Now he would not only be known for destroying video games but also destroying content creation for a good chunk of people

 

[AGoodBrazilian]

But in a way isn't that the same Raw Phil does? He gives it a new title so you can't confuse it with DSP and he has a different layout.

Your Honor, if it please the court, let's get down to business regarding my client, DarksydePhil, and the digital charlatan, Raw Phil. We're not dealing with rocket scientists here, Your Honor. My client's loyal fanbase—bless their hearts—are, shall we say, easily swayed. These are salt-of-the-earth folks, Your Honor, but they're also, how do I put this delicately... a little behind the curve. When it comes to navigating the digital jungle—titles, streams, thumbnails, you name it—they're like a pack of lost puppies in a thunderstorm!

We've got a mountain of evidence, Your Honor, showing good, honest folks, DarksydePhil's customers, getting fleeced. They're sending their hard-earned cash, meant for my client, straight into the pockets of Raw Phil. It's not malice, Your Honor; it's a genuine, bone-headed mistake.

And speaking of bone-headed, with all due respect to the court, this isn't some nuanced legal theory we're trying to concoct. We're talking about the very definition of "a moron in a hurry." That, Your Honor, is literally the standard we're dealing with when it comes to my client's "fans." They're confused, they're duped, and Raw Phil is cashing in on that confusion.

 

[Dr Pavel I'm CIA]

he hasn't mentioned Khet for days since he returned...

Yeah that's why I'm thinking there might be something going on between them...

I won't go as far as to declare it's a divorce but maybe they got into a fight last week and Piggy got his ego crushed by her.

The whole "let's sue detractors" arc is his way of coping with it, showing himself he's in power.

And it has the added benefit to move the conversation away from his absence last week

 

[Burl McMillan]

Stop the cope. RawPhil, as much as I like him, steals Phil's content. Ask yourself if your "transformative" alterations would fly with a Hollywood movie. No, you'd get fucked six ways to Sunday. The difference however is that Phil doesn't have the smarts, patience, money, or mental health to start multi year process of suing his detractors.

Phil is never gonna sue so I think it's fine to entertain hypotheticals like these. Coming from someone who doesn't know shit about legal stuff, would the following line of argument have any leg to stand on?

RawPhil is transformative because the people who go there are explicitly unable to get the same experience they are looking for by going to the DSPgaming channel. In the official channel, the chat is heavily monitored by Pig Jong-un, Phil has on multiple occasions discouraged chatters having conversations among themselves or anything critical of the streamer, and supposedly Phil has no official Discord channel or anything where his fans can officially do their watch parties without fear of getting LIMBd. After publishing the VOD, the comment section is heavily policed, and parts where viewers may want to levy criticism are cut out from the recording without any alternative archive. This makes Rawphil the only way on youtube where you can criticize and commentate on the full daily DSP stream live and uncut.

 

[Balr0g]

Not to mention DSP has a 24 hours sub setting while you can chat whatever you want in RawPhil's chat. Of course we don't even know who RawPhil is. Could be someone from the Middle East making a buck of Phil for shits and giggles while also kicking his ass in fighting games. I mean Phil could draft a lolsuit but if it can't be served then what?

 

[Big Brown Schlub]

And it has the added benefit to move the conversation away from his absence last week

I agree on this one, I think that alongside your theory, there's 2 more that I think may be the case for his sudden faux litigiousness:
1. He is priming the detractors to start expecting mass copystrikes against their channels. He loves doing this priming shit where he vaguely announces what he wants to do weeks or months before he does it.
2. He wants to make and promote an industry plant restreamer. Remember KOCC, the dent-made TIHYDPs which failed? I think he wants something like that for a clip channel and restreamer.

Or any combination of the three.

 

[Chiefbingoball]

Not to mention DSP has a 24 hours sub setting while you can chat whatever you want in RawPhil's chat. Of course we don't even know who RawPhil is. Could be someone from the Middle East making a buck of Phil for shits and giggles while also kicking his ass in fighting games. I mean Phil could draft a lolsuit but if it can't be served then what?

only america exists

 

[Schmeckel]

Phil is never gonna sue so I think it's fine to entertain hypotheticals like these. Coming from someone who doesn't know shit about legal stuff, would the following line of argument have any leg to stand on?

RawPhil is transformative because the people who go there are explicitly unable to get the same experience they are looking for by going to the DSPgaming channel. In the official channel, the chat is heavily monitored by Pig Jong-un, Phil has on multiple occasions discouraged chatters having conversations among themselves or anything critical of the streamer, and supposedly Phil has no official Discord channel or anything where his fans can officially do their watch parties without fear of getting LIMBd. After publishing the VOD, the comment section is heavily policed, and parts where viewers may want to levy criticism are cut out from the recording without any alternative archive. This makes Rawphil the only way on youtube where you can criticize and commentate on the full daily DSP stream live and uncut.

Such an argument could be made, I suppose. It would probably help if that verbiage (cleaned up to be clearer to the absolute bottom of the barrel mouth drooling dunces to understand) was present during any and all restreams and in the channel description to help inform viewers of the purpose of that channel, as well as providing a link to Dave's actual stream. One of the sticking points to Ethan's suit is that the people included actively say that their stream is a direct replacement for Ethan's so he doesn't get those views. Also, not a balldo brandishing lawyer, so mountain of salt.

Not to mention DSP has a 24 hours sub setting while you can chat whatever you want in RawPhil's chat. Of course we don't even know who RawPhil is. Could be someone from the Middle East making a buck of Phil for shits and giggles while also kicking his ass in fighting games. I mean Phil could draft a lolsuit but if it can't be served then what?

From what I understand, Raw Phil is ran by someone who lived in the same general area as Dave and played against him in tournaments in the northeast.

 

[San Dimas High School]

RawPhil is transformative because the people who go there are explicitly unable to get the same experience they are looking for by going to the DSPgaming channel. In the official channel, the chat is heavily monitored by Pig Jong-un, Phil has on multiple occasions discouraged chatters having conversations among themselves or anything critical of the streamer, and supposedly Phil has no official Discord channel or anything where his fans can officially do their watch parties without fear of getting LIMBd. After publishing the VOD, the comment section is heavily policed, and parts where viewers may want to levy criticism are cut out from the recording without any alternative archive. This makes Rawphil the only way on youtube where you can criticize and commentate on the full daily DSP stream live and uncut.

I don't know anything about legal stuff either but I doubt it. Raw Phil seems to me to be exactly what the copyright law is saying is against the rules. It makes money off the work, it doesn't transform the work, it isn't taking a smaller section of a larger whole, and as the Good Brazillian pointed out it clearly takes money that would otherwise go to DSP. Even if detractors wouldn't give DSP views if alternatives didn't exist (yeah right) you have dents accidentally tipping Raw Phil when they meant to tip DSP. If having a place to chat was transformative enough I'd imagine you would have have websites streaming new movies for free with a chat alongside it.

 

[k farmaday]

Raw has his location listed as Canada on YouTube lol. That would check out given SF6 matching Dave with people in Vancouver and Calgary. Good luck, Dave!

 

[marlimar]

Not to mention DSP has a 24 hours sub setting while you can chat whatever you want in RawPhil's chat. Of course we don't even know who RawPhil is. Could be someone from the Middle East making a buck of Phil for shits and giggles while also kicking his ass in fighting games. I mean Phil could draft a lolsuit but if it can't be served then what?

Raw Phil would only have his unique chat as an arguably transformative factor, DDM has the annoying SFX, so that's more likely to fall into fair use, IMO. As far as serving papers to a foreigner for a lawsuit, I'm sure Null could explain exactly how he's been served while squirreled away in Central Asia.

 

[Keith the Horse Fucker]

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Raw Phil would only have his unique chat as an arguably transformative factor, DDM has the annoying SFX, so that's more likely to fall into fair use, IMO. As far as serving papers to a foreigner for a lawsuit, I'm sure Null could explain exactly how he's been served while squirreled away in Central Asia.

On a side note, DDM is almost as bad was just watching Phil

 

[Keith the Horse Fucker]

I bet he's going after restreamers like Raw Phil and some others where nothing was added besides some gif images and the chats on the side.

Tevin probably still remains high in the hate list. I think he loves hating Doody. They have a love-hate bromance going

 

[strandedcastaway]

I think DSP has a case against Raw Phil and Raw Phil alone. What I don’t think he has is a clear path to damages. How can Phil claim that people on a channel made to mock him would have given him that money instead? They already had that chance and chose to sub to Raw Phil. Raw Phil does not prevent people from tipping Phil.

Phil probably could get Raw Phil taken down, but is it worth the time, money, and effort when he'd still have a bunch of other transformative restreamers parodying him? Even Phil knows it's not, which is why he's talked about it for 15 years but has never done shit.

 

[Balr0g]

Just got me thinking: considering how many videos Phil still has up you thinkl someone might try the "let's copyright strike my totally not gay op fan art"? We had this back in 2015 and it allegedly hurt him immensely. And simply deleting videos won't erase any recieved copyright strikes. As someone pointed out Phil is probably just puffing himself up as Mr big dick as a way to cope with a shit situation at home. Maybe Khet is very ill (no suprise there) and he simply can't deal with it. Let's see how long he will keep up the "I will totally sue my detractors" spiel. Hopefully it will end with bankruptcy 2 electric boogaloo

After all he only has one income source and no savings. Imagine having his stream income getting sucked up by some blood-sucking lawyers

 

[Do Not Touch Me Pls]

I think DSP has a case against Raw Phil and Raw Phil alone. What I don’t think he has is a clear path to damages. How can Phil claim that people on a channel made to mock him would have given him that money instead? They already had that chance and chose to sub to Raw Phil. Raw Phil does not prevent people from tipping Phil.

Phil probably could get Raw Phil taken down, but is it worth the time, money, and effort when he'd still have a bunch of other transformative restreamers parodying him? Even Phil knows it's not, which is why he's talked about it for 15 years but has never done shit.

And it wouldn't even be enough because whatever Memology101 or Mighty D did against Phil was way more damning than Raw Phil raw-recording his stuff and he likely cannot make any case to lawsuit them. At most he could had been said "Memology101 and Mighty D took my clips out of context" but they're pretty explicit in showing Phil at his absolute worst.

---

Something I forgot to mention before but days ago I watched this clip by Asmongold and this sounds eerily similar to DarkSydePhil and his dents. And these Financial Domination larpers are somehow better than DSP because at least the streamers are doing it as a kink roleplay and not completely unironically with a straight face.

 

[Schmeckel]

I think DSP has a case against Raw Phil and Raw Phil alone. What I don’t think he has is a clear path to damages. How can Phil claim that people on a channel made to mock him would have given him that money instead? They already had that chance and chose to sub to Raw Phil. Raw Phil does not prevent people from tipping Phil.

Phil probably could get Raw Phil taken down, but is it worth the time, money, and effort when he'd still have a bunch of other transformative restreamers parodying him? Even Phil knows it's not, which is why he's talked about it for 15 years but has never done shit.

If anything, Phil would cite the instance of someone having accidentally made a contribution on Raw Phil because he was confused (See: absolutely retarded) and then make the claim that if one person could make that mistake, every contribution there could/should have been Phil's. Since, in Phil's world, something happening once is evidence that everything should have the same outcome. For instance, him always going back to the Escort Saga as times that detractors got it wrong, so detractors are ALWAYS wrong.

 

[Stein Eleven]

God damn it Phil you fucking nigger. You finally came close to getting an ounce of sympathy on your side, with a suspected health crisis you have not been milking for sympathy and with Doody being a weird retard, and what do you do?

Two days straight of going full ObnoxiousSydePhil, showing up in his faggy Vice City cosplay, threatening litigation, going full throttle on the begs and telling people to get a job, of all things. Preaching about 'treating others how you would want to be treated yourself' while being a complete cunthole to his audience for two days straight.

"This work isn't easy, if it were, everybody would do it." No Phil, most people would feel some amount of shame in having to beg weird spergs on a livestream for donations for the rest of their foreseeable existence. Most people would prefer not to have their entire livelihood depend on the whims of a couple of whales.

On top of that he gets baited into going on a toxic cologne rant AGAIN. He thinks he is owning the detractors by withholding cologne reviews out of spite, being convinced people want it because "why else would people keep asking me about it?" Because they want to coax these obviously salty narc rants out of you, you fucking mongoloid. Jesus fucking Christ dude, the guy has me close to getting MATI

 

[David Brown]

I'm sure Null could explain exactly how he's been served while squirreled away in Central Asia.

Probably the servicing address he has listed on his contact page. Though idk how long he has had it there. It lists Hardin now but before that IDK what it said

 

[GibMoneyPls]

Would it even get to the point of arguing if Raw Phil and others are "transformative"? Wouldn't the numerous clips of Phil giving restreamers permission to restream him completely shut down any case he has?