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Comment Re:It's a tax deduction scheme (Score 2) 206

Don't forget him and his family will be a trustee of the charity he gives it to, oh, and the charrity will probably be carefully registered for political purposes, here is a video of a previous billionaire doing the same: https://www.youtube.com/watch?...

Basically he'll likely create his own SuperPAC.

Comment Re:Unfortunately It's Not a False Strike (Score 1) 70

Possible, but it is also the least relevant of all the factors in most cases, it is often merely mentioned by the judge at best.

As to whether it is commercial use, I don't know if it was monetized on youtube, it might have been, and is reasonable to assume to commercial use than non-commercial.

Comment Re:Unfortunately It's Not a False Strike (Score 1) 70

I agree, and if you actually read my full analysis here, I qualified that one. But it is also unlikely, and he does have such other videos on his channel they didn't touch. So that makes me believe that amazon didn't even consider the amount used at all. AKA they did no analysis whatsoever!

Comment Re:Unfortunately It's Not a False Strike (Score 5, Insightful) 70

Urm, you do know Klein was a youtube video. Yes, without seeing the video I can't be sure myself, however we can consider the fair use factors:
1. Showing bug is critique and commentary on the underlying work. Specifically commenting on the bug in question. (Pretty sure that goes to the bug video).
2. The copyrighted work is a commercial video game (this one goes to amazon, this is also the weakest as in most cases in front of the court, commercial use is likely).
3. If just the bug is showing, It is minimal use for the critique and commentary in question, showing the gameplay to trigger and demonstrate the bug in question. (Probably goes to the bug video creator)
4. It is certainly not a market substitute for the underlying work as you are not in control of the characters movements through the video. Now one might be able to get the story via video, but showing bug in leveling of crafting system is not story. (Goes to the video creator)

So weighing them up, here it is fairly demonstrative that this is most likely fair use as to this specific video. Was that too hard to think through? I think it is probably stronger than the Matt Hoss vs. H3H3 case, as there they were both youtube videos, so that last factor is closer and even there the judge was fairly clear on the matter, the audience wasn't the same so it wasn't a market substitute.

Comment Re:Unfortunately It's Not a False Strike (Score 1) 70

Oh, there is, I give you Hosseinzadeh v Klein, or more colloquially known as Matt Hoss v h3h3, and to quote the judge:

Any review of the Klein video leaves no doubt that it constitutes critical commentary of the Hoss video; there is also no doubt that the Klein video is decidedly not a market substitute for the Hoss video. For these and the other reasons set forth below, defendants' use of clips from the Hoss video constitutes fair use as a matter of law.

And

The Klein video is quintessential criticism and comment;

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