- Joined
- Sep 29, 2018
Not a legal person, but also thought that part of copyright is proving damages. Does Phil honestly think that people going to Raw Phil are really DSP fans who'd give him views, money, and support if there were no other options; yes. But, without deposing or having hundreds of people write statements, can we really prove that those hundreds of people who use Raw Phil et al, would be willing to support Phil? How many of the restream viewers have been banned from DSP? Phil himself even says that most of his money is from tips/donations and that his YouTube CPM is shit and that secondary views don't matter; the sandwich shop proprietor himself says what he'd make is negligible. Now put those two things together, and you have Phil saying he thinks we'd all open our wallets to him if there were no other options.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.
Out of all the detractors, I'm willing to say Raw Phil is the one Phil has the best case against, and even willing to say it could go 50/50 if a lawsuit did happen.
If Phil was serious about sticking it to detractors; he'd bug his audience to figure out how YouTube's Copyright Claim system works (literally not that hard, but it's Phil) and start exercising his authority over his kahntent. Though, thinking of Phil bringing anyone to court, I'd love to explain to the judge how there's a whole cottage industry built up around making fun of Phil. "Your Honor, the community made a search engine to locate anytime this man has said dumb shit. Yes, an entire search engine dedicated to him running his mouth. Phil's content isn't the content Your Honor, his retarded behavior is the content."
Phil and his use of unprofessional is why I hate a lot of modern workplaces. While it's easy to get mad at Phil for being a retard, I've worked with a number of people who think "professionalism" is only benefitting them when and where they deem it acceptable. You try working with someone and they're not having it so you go around them; that's unprofessional. You do something like send out an email as soon as possible; but due to workload and urgency you do it late in the day when someone had already left, they then complain that they were waiting all day and you wasted their time; you're unprofessional. Twitch jumping the gun on what was probably at least a dozen people reporting Phil for saying the nigger word; unprofessional. Keem or that CT Realtor wanting to have a phone call with Phil, and not sticking to his retarded schedule; unprofessional. I hate to say it, but Phil isn't a unique specimen in this regard, there are plenty of corpo types like this; where they have the idea they're a professional, and all it really means is they don't want to be inconvenienced.There is and never was anything keeping Phil from going back to Twitch except Phil's own ego.