Boring Slapfight in Linkara Thread

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MisterBee

kiwifarms.net
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Jul 10, 2019
I feel like there's far too much shit in the comic book industry for him to ever run out of material. Bare in mind that he's been reviewing comics from Spider-Man's The Clone Saga annually since the beginning of his show. As he joked in 2017, he hasn't even reviewed a sliver yet of that one storyline.

Is it really a review then? I've read both clone sagas, and I could give a good, concise review of it to a non comic reader in about 5 minutes. There's not enough material to milk, honestly. At this point, he's beating a dead horse.
His biggest obstacle to keeping going will be keeping his fanbase tuned in to what he's putting out. And he's shown to be one of the few content creators online that's smart enough to realize that your fanbase is what keeps you afloat.
A $7k tax stream is not afloat. He's got no income mobility.
Will he ever advance past what he's doing now? No. But has he found his niche that he can milk for a long time? Most likely.

He's in the death throws. His show relies on industry professionals being indifferent to his copyright abuse. The second one of them takes umbridge to his analysis and use of their entire books for his income, he's screwed. The second another YouTube adpocolypse happens, he's screwed. He's surviving, not thriving, and doing it on the indifference of platforms and rights owners that can change their stance at the drop of a hat.

He has no endgame. He's going through the motions.

Yeah this is partially the reason why he is successful because Linkara is one of the few lolcows that's a content creator that is aware that pissing off or alienating your fanbase is a bad move


'let the ads play' and his history of the power rangers rants would like to remind you they exist. He treats his fans like SHIT and they are so autistic they take it.
 
Brad had a fucking ocean of Italian ripoffs, shot on shiteo shlock and porn parodies. Hell, he could sustain for years by simply reviewing Godfrey Ho filmography. But here he is, sloppily reviewing Christian flicks, because he hates them.
Also, there are SJW comics, yes, but is there something from the other end of spectrum? I'm not talking about something old, but maybe something self published or underground. And not "Holly terror".
How does Brad not have a thread?

The second one of them takes umbridge to his analysis and use of their entire books for his income, he's screwed
It's pretty clear cut fair use, while his reviews rely heavily on basically just summarizing the comics because he's a hack, I don't see how it could be argued that his content isn't transformative. Plus if someone was going to go after him in a serious personal way it proabably would've happened by now. He's a literal who to people who don't or didn't follow CA and its speds.
 
How does Brad not have a thread?


It's pretty clear cut fair use, while his reviews rely heavily on basically just summarizing the comics because he's a hack, I don't see how it could be argued that his content isn't transformative. Plus if someone was going to go after him in a serious personal way it proabably would've happened by now. He's a literal who to people who don't or didn't follow CA and its speds.

I doubt it is. He shows over 80% of a book and makes the actual experience of reading the book unnessesary if you watched his review. Him reading the book in 'funny voices' doesn't mean it's transformative.

What's more is who has more money for lawyers? Warner and Disney or Lewis? If they decided they don't like his reviews one day, he's gone. They can literally use the budget for napkins for the studio commissary for one week and hire enough legal muscle to make Lewis's life miserable.

And yes, he's a nobody. But that means he's surviving based on the indifference of others. I've even stated that. The problem with indifference is indifference can change at the drop of a hat.

Look at TFS. For years they operated with impunity until toei decided they didn't like them anymore. They got slapped down and had to change their merchandising.

Survival through indifference sucks as a strategy.
 
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I doubt it is. He shows over 80% of a book and makes the actual experience of reading the book unnessesary if you watched his review. Him reading the book in 'funny voices' doesn't mean it's transformative.

What's more is who has more money for lawyers? Warner and Disney or Lewis? If they decided they don't like his reviews one day, he's gone. They can literally use the budget for napkins for the studio commissary for one week and hire enough legal muscle to make Lewis's life miserable.

And yes, he's a nobody. But that means he's surviving based on the indifference of others. I've even stated that. The problem with indifference is indifference can change at the drop of a hat.

Look at TFS. For years they operated with impunity until toei decided they didn't like them anymore. They got slapped down and had to change their merchandising.

Survival through indifference sucks as a strategy.
It literally is, by definition, transformative under the defintion provided by the court in Campbell v Acuff-Rose Music and other similar subsequent cases in the appellate courts. TFS is not analogous as one could credibly argue that the DBZ;A is substantially similar DBZ in terms of narritive and uses their copyrighted characters for profit without paying them any licensing or other fees. Louis is using the content of the comics to parody them, and is not directly profiting from the characters themselves. If he were reading through the comics without any further commentary (I.e. as an audiobook) on his part then it would not be fair use.
 
It literally is, by definition, transformative under the defintion provided by the court in Campbell v Acuff-Rose Music and other similar subsequent cases in the appellate courts. TFS is not analogous as one could credibly argue that the DBZ;A is substantially similar DBZ in terms of narritive and uses their copyrighted characters for profit without paying them any licensing or other fees. Louis is using the content of the comics to parody them, and is not directly profiting from the characters themselves. If he were reading through the comics without any further commentary (I.e. as an audiobook) on his part then it would not be fair use.

He is directly profiting off the characters. Besides the point, he doesnt have the cash for a legal battle if they decide to go after him.

You're also seriously arguing there's legal precedence that someone can, say, show a whole movie and just simply say "it sucks" once the credits rolls and that's transformative.

All Campbell proved is you can make a commercial parody. It doesn't mean that you can show an entire original work, or even a substantial amount of it and simply cite your opinion to be transformative.

This doesn't even acknowledge that even if Lewis didn't violate fair use, he's still unable to do a prolonged legal battle. First motion a rights holder would make would be that Lewis be unable to make further vids until a decision is made. Then a 6 month wait until a court date.

He doesnt have savings and that six months would bleed him dry.
 
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He is directly profiting off the characters. Besides the point, he doesnt have the cash for a legal battle if they decide to go after him.
It doesn't matter if he's indirectly profiting off them you retard, it's still fair use because the purpose of the content is transformative as it is substantially different than the intended purpose of the original work. I don't even like Louis but what he is doing is objectively fair use per existing federal case law. Nobody's going to go after him because he's a broke faggot and there's nothing to be gained by it.
 
It doesn't matter if he's indirectly profiting off them you exceptional individual, it's still fair use because the purpose of the content is transformative as it is substantially different than the intended purpose of the original work. I don't even like Louis but what he is doing is objectively fair use per existing federal case law.

I never said a rights holder would ever go after him; simply if they did, Lewis would be screwed due to not being equipped for a legal battle, and having a livelihood hinge on the indifference of an industry sucks.

Also it's 'lewis', not 'louis'. Louis is Lewis's character from his shitty books.
 
It literally is, by definition, transformative under the defintion provided by the court in Campbell v Acuff-Rose Music and other similar subsequent cases in the appellate courts. TFS is not analogous as one could credibly argue that the DBZ;A is substantially similar DBZ in terms of narritive and uses their copyrighted characters for profit without paying them any licensing or other fees. Louis is using the content of the comics to parody them, and is not directly profiting from the characters themselves. If he were reading through the comics without any further commentary (I.e. as an audiobook) on his part then it would not be fair use.
I think if someone really wanted to take Lewis to court over his reviews, even if they're in the wrong, it'd kill him through court fees alone. Even still, fair use itself is made up of four tenants.
  • the purpose and character of your use
  • the nature of the copyrighted work
  • the amount and substantiality of the portion taken, and
  • the effect of the use upon the potential market.
So looking at this, Lewis is using the comics for the purpose of reviews, that's true, but he is using the vast majority to each comic per video and showing a lot of the panels in every video, and I could really see someone making a case that Linkara is basically reading someone nearly the entire comic, so what's the point of buying the comic if you've basically gotten the entire thing?

Ultimate if Lewis is in the right or not he's not financially stable enough to survive an actual lawsuit
 
I think if someone really wanted to take Lewis to court over his reviews, even if they're in the wrong, it'd kill him through court fees alone. Even still, fair use itself is made up of four tenants.
  • the purpose and character of your use
  • the nature of the copyrighted work
  • the amount and substantiality of the portion taken, and
  • the effect of the use upon the potential market.
So looking at this, Lewis is using the comics for the purpose of reviews, that's true, but he is using the vast majority to each comic per video and showing a lot of the panels in every video, and I could really see someone making a case that Linkara is basically reading someone nearly the entire comic, so what's the point of buying the comic if you've basically gotten the entire thing?

Ultimate if Lewis is in the right or not he's not financially stable enough to survive an actual lawsuit

THANK YOU!! That's all I'm trying to say!
 
I do know that due to YouTube's policy changes concerning the amount of content you can "sample", Lewis had to go back and re-edit old HOPR videos because he got copyright strikes on them from the license holders for Power Rangers.

If DC and Marvel to decides to do the same thing as the owners of Power Rangers did and copyright strike him, then he is fucked, because he'll have to go back and re-edit almost ten years' worth of videos so they can be re-monitized or unblocked.

So @MisterBee is right here. Sure, Lewis is staying afloat NOW, but the minute that comic companies turn their sights on him like the PR owners did, then it's all over for him.
 
To be fair comic book reviews is a niche thing as it is. I mean whenever Doug reviews something, chances are that at least you have heard of it, if not watched it.

Comic book reader audience is pretty low. Your average comic book series doesn't sell more than 100k. https://www.comichron.com/monthlycomicssales/2019.html This year top seller is detective comics at 500k and that's Batman. You know that multi-million dollar character...

Given Linkara focuses on "bad comics" it's incredibly unlikely that people that watch him have read whatever comic he is reviewing. So, a recap it's necessary.

That being said, I am not defending him. Outright reading the issue in a "review" and doing a recap are two different things. If you can't do a review fun without basically stealing the content, then you failed as a reviewer.

Usually, reviews are done as a "before you buy warning" or as entertainment after enjoying that thing, but not as a substitute for buying.
 
I do know that due to YouTube's policy changes concerning the amount of content you can "sample", Lewis had to go back and re-edit old HOPR videos because he got copyright strikes on them from the license holders for Power Rangers.

If DC and Marvel to decides to do the same thing as the owners of Power Rangers did and copyright strike him, then he is fucked, because he'll have to go back and re-edit almost ten years' worth of videos so they can be re-monitized or unblocked.

So @MisterBee is right here. Sure, Lewis is staying afloat NOW, but the minute that comic companies turn their sights on him like the PR owners did, then it's all over for him.

The hammer may never fall from that angle. But the honest truth is it is a threat is always there.
 
How does Brad not have a thread?

Because whatever else you can say about Brad, his low production values, the trainwreck that may be his personal life at times, whatever... When it comes to things like drama? He just doesn't. He doesn't get involved, he doesn't talk about it, he doesn't go on twitter rants about other people, whatever. Even when drama happens, and it has a few times, like with a couple of the guys who used to be in his videos and no longer are... He doesn't talk about it. He deals with it behind the scenes, and moves on.

So, the irony is, a man who's livelihood is watching direct-to-VHS schlock and eating expired breakfast cereals on a couch in his living room? Is one of the most professional of the lot, in his own way.
 
I do know that due to YouTube's policy changes concerning the amount of content you can "sample", Lewis had to go back and re-edit old HOPR videos because he got copyright strikes on them from the license holders for Power Rangers.

If DC and Marvel to decides to do the same thing as the owners of Power Rangers did and copyright strike him, then he is fucked, because he'll have to go back and re-edit almost ten years' worth of videos so they can be re-monitized or unblocked.

So @MisterBee is right here. Sure, Lewis is staying afloat NOW, but the minute that comic companies turn their sights on him like the PR owners did, then it's all over for him.
To be fair comic book reviews is a niche thing as it is. I mean whenever Doug reviews something, chances are that at least you have heard of it, if not watched it.

Comic book reader audience is pretty low. Your average comic book series doesn't sell more than 100k. https://www.comichron.com/monthlycomicssales/2019.html This year top seller is detective comics at 500k and that's Batman. You know that multi-million dollar character...

Given Linkara focuses on "bad comics" it's incredibly unlikely that people that watch him have read whatever comic he is reviewing. So, a recap it's necessary.

That being said, I am not defending him. Outright reading the issue in a "review" and doing a recap are two different things. If you can't do a review fun without basically stealing the content, then you failed as a reviewer.

Usually, reviews are done as a "before you buy warning" or as entertainment after enjoying that thing, but not as a substitute for buying.
That requires the Big 2 to actually start to care about their comics again. And I don’t think they have for this decade.
 
How does Brad not have a thread?
Because Brad has the strongest defense force of any of the TGWTG crew- even Metokur refused to touch him. He's arguably the least spergy, but he's cow-adjacent if not a lolcow himself.
 
It literally is, by definition, transformative under the defintion provided by the court in Campbell v Acuff-Rose Music and other similar subsequent cases in the appellate courts. TFS is not analogous as one could credibly argue that the DBZ;A is substantially similar DBZ in terms of narritive and uses their copyrighted characters for profit without paying them any licensing or other fees. Louis is using the content of the comics to parody them, and is not directly profiting from the characters themselves. If he were reading through the comics without any further commentary (I.e. as an audiobook) on his part then it would not be fair use.
Wait, you're seriously arguing that Linkara's reviews, which consist of him reading an entire comic book out loud and telling lame jokes every few lines, is transformative, but DBZ Abridged, which actually drastically changes the dialogue and in some cases, plot points and visuals of the original, isn't? WTF are you smoking? Where the hell do you get off claiming that TFS's work is "substantially similar" to the original DBZ, but Linkara reading the original work unaltered with his stupid jokes is somehow NOT "substantially similar" to the original? It literally IS the original! The ENTIRE original!

There's established precedence on this. Do you know what Rifftrax is? There's a reason Rifftrax does audio tracks only (except in rare instances where they purchase the rights to something, which is always an old B-movie, not a current blockbuster) and their customers have to get the movie separately, because Rifftrax doesn't have the rights to distribute full movie downloads for most of what they Riff! Rifftrax's predecessor, MST3K, only used movies in the public domain so they could air the movies with their commentary without paying licensing fees! And the reason so many episodes can't be released on DVD is because different companies bought up the rights to the original movies!

There's also a reason random people can't make and sell audio books without the author's permission.

Linkara's bullshit is absolutely not fair use, and he only gets away with it because these companies have decided he's not worth going after.

In conclusion:
 
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I never said a rights holder would ever go after him; simply if they did, Lewis would be screwed due to not being equipped for a legal battle, and having a livelihood hinge on the indifference of an industry sucks.

Also it's 'lewis', not 'louis'. Louis is Lewis's character from his shitty books.
Oh, yeah, if someone did decide to try to fuck with him, he'd almost certain be screwed, it just really seems like the chances of that are next to nil. There's no real profit in going after him.

Wait, you're seriously arguing that Linkara's reviews, which consist of him reading an entire comic book out loud and telling lame jokes every few lines, is transformative, but DBZ Abridged, which actually drastically changes the dialogue and in some cases, plot points and visuals of the original, isn't? WTF are you smoking? Where the hell do you get off claiming that TFS's work is "substantially similar" to the original DBZ, but Linkara reading the original work unaltered with his stupid jokes is somehow NOT "substantially similar" to the original? It literally IS the original! The ENTIRE original!

There's established precedence on this. Do you know what Rifftrax is? There's a reason Rifftrax does audio tracks only (except in rare instances where they purchase the rights to something, which is always an old B-movie, not a current blockbuster) and their customers have to get the movie separately, because Rifftrax doesn't have the rights to distribute full movie downloads for most of what they Riff! Rifftrax's predecessor, MST3K, only used movies in the public domain so they could air the movies with their commentary without paying licensing fees! And the reason so many episodes can't be released on DVD is because different companies bought up the rights to the original movies!

There's also a reason random people can't make and sell audio books without the author's permission.

Linkara's bullshit is absolutely not fair use, and he only gets away with it because these companies have decided he's not worth going after!

In conclusion:
Read the case law retard, I even cited the authoritative case on the matter at the beginning of this autistic slapfight. Also, rifftrax does sell actually riffed copies of films either in the public domain or which they pay a license fee for. The only audio only ones are for newer films where the costs, for obvious reasons, of the licenses are too high. You're talking out your ass. What Lewis does is not analagous to DBZ:A.
 
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Read the case law exceptional individual, I even cited the authoritative case on the matter at the beginning of this autistic slapfight. Also, rifftrax does sell actually riffed copies of films either in the public domain or which they pay a license fee for. The only audio only ones are for newer films where the costs, for obvious reasons, of the licenses are too high. You're talking out your ass. What Lewis does is not analagous to DBZ:A.
How are you this stupid? I already said in my own post that Rifftrax has to purchase licenses or use public domain when they sell movies with their riffs. Learn how to read before you reply. Linkara doesn't own the rights to jack shit, and most of the comics he reviews aren't in the public domain.

Did you actually read the case you're citing? 2 Live Crew did a parody of a Roy Orbison song. A parody. Do you even know what a parody is? They recorded their own version, with their own instruments and vocals. They didn't play Orbison's version and tell jokes during it. What Linkara does is not parody, it's riffing. A commentary track with jokes over an original work is not a parody. Learn the difference. If Linkara wanted what he does to be parody, he would have to redraw the panels and rewrite the dialogue himself.
 
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