"Transformative" is subjective, and as a gray area it is both boon and albatross for "creating content" and "maximizing value".
The point of copyright is to extract money from advertising and reuse of identifiable designs.
Fair use is the opposite of this. It allows critics and commentary people to earn a living by analyzing and discussing the media without 1:1 reproducing it. This is good for society.
This lawsuit is based on "fair use" but will create a precedent that will be a negative because Ethan and his big tech lawyer are actually adjacent to the corporations, just like how Ethan was adjacent to Susan during the adpocalypse and is continually making money, and getting promoted by the platform while people like Mister Metokur can't post videos without getting flagged, and people like Bigbunjeee are straight up booted off the platform for not being "advertiser friendly".
Colossal is Crazy, Porsalin, Toad Mckinley, all these great content creators that made based shit are just not even making content anymore. And why would they? These platforms and corporations are in lock step with each other, because they need advertising dollars.
The "Fair use" doctrine aspect is a non-starter, since Ethan will never sue on behalf of content creators like film reviewers or music reviewers who can't even use examples of what they're talking about without getting demonetized. As I stated before, he completely abandoned FUPA as a concept when his own needs were satisfied, then pulled the ladder up behind him.
He also doesn't help promote "free speech" on the internet in any way because "muh feels, CPS, skulls, antisemitism" isn't a doctrinal argument of equality before the law, its just kvetching.
Once again, nothing Ethan is doing has or will have any positive effect on Kiwi Farms or good Content Creation. He has always been a backstabbing, hypocritical stooge, out for himself.
10 years ago this shit would be called for being the gayest of ops. Lolsuits with the intention of life ruination, with corporate lawyers over foreign conflicts and CPS calls.
Its a compendium of all the narcissism, main character syndrome, and unwarranted self importance exhibited by "e-celebs".
Were the current day posters 5 years old when the adpocalypse happened? Because that would actually track here.
If the return on this is "based on the intent to cause harm to the individual..." then that is really really bad for archivists, critics, etc. because it means that such things can be argued AGAINST Fair use.
"it wasn't fair because he wanted me to lose money!" fuck you.
If Ethan somehow lolsuits his way into a precedential view on "Fair use" where "intent" now matters, we are in trouble.
Either something is fair use, or not. There's no "well they are antisemitic" clause, that matches up with the implied guidelines of these websites.
