TR Member Perks!

If you pay attention to YouTube at all, you may have heard what Ethan and Hila Klein of H3H3 Productions have been going through recently. In case you haven’t, H3H3 Productions is currently in the process of being sued by another YouTuber, The Bold Guy, where H3H3 made a reaction video to one of his videos on a secondary channel of theirs. The video in question uses around three minutes of footage from The Bold Guy’s video with the rest being Ethan on camera talking about the video and making jokes about it. To everyone on Earth with even the slightest knowledge of how fair use works, this lawsuit is being seen as a way for The Bold Guy to get an unflattering video of someone poking fun at him taken off the Internet (even though it will quite literally never be truly gone) and take some money from H3H3 Productions in the process. This comes across very obvious when you look at the settlement offers The Bold Guy sent to Ethan and Hila, such as requiring them to make a video apologizing and promoting his YouTube channel for two months.

The process began a few months ago, but H3H3 Productions recently made a video explaining to their audience the situation. They explained in the video that the entire case could take around two years and could cost $100,000 before all is said and done—the $100,000 not including any money The Bold Guy might win if he wins the case. Luckily, two truly good people in this world, who also happen to be attorneys—The Video Game Attorney, Ryan Morrison and his partner Michael Lee—came forward to represent H3H3 Productions. In the beginning they were representing H3H3 Productions pro bono (for free), but now that the case is going forward, H3H3 want to hire them. 

Video Game Attorneys

After their video started to get around, YouTuber Phillip DeFranco made a video of his own where he explained the situation to his viewers and announced he was starting a GoFundMe for Ethan and Hila’s legal fees, starting off the donations with $5,000 of his own money. As of right now the GoFundMe is at $126,919 with big donations coming from Notch, Markiplier, PewDiePie, Boogie2988, and even The Fine Bros, who H3H3 Productions had made a video on in the past poking fun at them, along with over 5,000 other people all looking to support H3H3 Productions and fair use. 

This was all over the past few days, and on Thursday Ethan and Hila made another video expressing their gratitude to everyone who has been supporting them and donating to the GoFundMe. Also in the video they announced that since the GoFundMe had far exceeded what they would need, they will be putting all of the money from the GoFundMe into an escrow account for the express purpose of helping people in need of fair use legal protection, and it will be put in the care of Morrison/Lee (The Video Game Attorneys).

This will allow Morrison/Lee to provide full legal representation, not just free legal advice as they’ve been doing, for people being bullied or silenced over fair use issues. This means H3H3 Productions will be the first client to use the account, so Ethan and Hila donated $5,000 into the GoFundMe as well. The Fair Use Protection Account (that’s right, FUPA) will hopefully help protect people who otherwise would have no other option but to give in to the demands of whoever is bullying them, and protect the very concept of fair use itself. 

If you’re getting bullied by someone and think you’ve got a legitimate fair use case, you can email [email protected] and they will look over your case and respond if you have a legitimate fair use case. You can also follow everything FUPA on Twitter at @FUPAforFREEDOM to see everything that’s going on with the FUPA.  Ethan and Hila summed it up nicely saying, “YouTube is great again. You guys made YouTube great again.” 

What does this mean for Fair Use on YouTube going forward? Is this the big turning point in protecting Fair Use?

Kyle Downey

Staff Writer

Staff Writer looking to keep you both informed and entertained. Favorite games include: Pokemon, Overwatch, Golden Sun, Portal, and Elder Scrolls.

  • Ørjan Kristoffersen

    It was actually really heartening to see people H3H3 has had issues with in the past, including the Fine Bros and Leafy put their differences aside and support a worthy cause.

    Anyone who has spent any time in the YouTube space knows that copyright and fair use issues are a huge problem on the platform. Hopefully some headway can be made with this.

  • Fuck yes.

    I hope they legally obliterate this greedy little prick and send out a strong message to all the other cockbags abusing YouTube’s broken system.

    Also, respect to the FineBros for chipping in despite being guilty of similar douchebaggery in the past; hopefully it was an earnest contribution and not just a calculated PR move on their part.

  • webkilla

    destroy that moron – send a message that this shit needs to end


    Even if it was a PR move, at least they’re helping.
    All this news makes me very happy. Finally, Youtubers will no longer be at the mercy of Youtube’s fear of copyright infringement and unfair Fair Use ignorance.

  • Hat

    Most of the donors are doing it for PR. Whatever.

  • Kev Lew

    about time this went into a lawsuit, the sooner one of these goes through legal channels the sooner the creators and viewers know where they stand and the sooner youtube can have a legal back-bone to start enforcing the basic etiquette they ignore.

  • Christ knows it’s been a long time coming.

  • Casey

    Really? FUPA?
    Fat Upper Pussy Area?
    Guiz…. you’re taking the piss… right?

  • Pinkie3Point14159

    Lol it’s actually a reference to the term “fupa” coined by h3h3 which means a gut/belly fat

  • Casey

    Actually, that’s the same thing, and the term “fupa” has been around way longer than h3h3 has. That acronym goes back before 2003, usually used on message boards to describe when someone has a large amount of fat right above their genitals.

  • Stratomsk

    No, they are doing it because they want to protect fair use. If h3h3 lost this, that sets a horrible precedent for the rest of the Youtube community.

  • Pinkie3Point14159

    Huh that’s interesting, I hadn’t heard it used outside of their videos until now. In any case I’m pretty sure the name of this fund is deliberate XD

  • Mora

    FUPA is a big meme on their channel, so yes it’s intentional. They tend to keep a sense of humor about things even in serious situations.

  • Marko

    Acronyms change, that’s the nature of language. I expect most people will not have heard of FUPA standing for Fat Upper Pussy Area (I certainly haven’t) and now almost everyone will associate it with the Fair Use Protection Account and H3H3 productions.

  • Toastrider

    It can be both. Enlightened self-interest is a perfectly legitimate motivation.

  • Eagleeye595

    Agreed, i am getting sick and fkin tired of the shitty broken YouTube content ID claim that 80% of the times is triggered by the YouTube system itself. and each time of course i tell em literally “GFY” followed by the rights to use said content. fair use however always get’s abused, and something needs to be done, idgaf if people make money while making fun of me during my videos, i only want fair to be fair for all.