(Credit: Ekin Kizilkaya via Getty Images)
Since streamers went mainstream, reaction videos have become a key part of internet culture. But a recent ruling from a California judge could jeopardize those streamers' ability to insert clips from shows and movies into their YouTube videos.
At issue are "ripping" tools that allow people to bypass YouTube's copyright protections to download content. YouTuber Christopher Cordova, who runs the Denver Metro Audits channel, sued Jonathan Huneault, creator of the Frauditor Troll channel, alleging that Huneault used his copyrighted footage without permission via ripping tools, in violation of the Digital Millennium Copyright Act (DMCA).
Unauthorized downloading of videos is against YouTube’s terms and conditions, but people have been using third-party YouTube downloader plugins and websites for years. As TorrentFreak notes, Huneault's lawyers argued that Cordova couldn't prove that ripping tools were used, and that screen-recording software are a popular way to grab clips, too.
They asked the judge to dismiss the case, but late last month, US Magistrate Judge Virginia K. DeMarchi denied that request. While Huneault could still prevail in the end, TorrentFreak argues that this could have wider-reaching implications by making creators liable for using ripping tools, not just violating the DMCA with the content of the videos they ultimately post.
Reaction video creators would argue that their use of short clips to make a point is "fair use"; they're not uploading an entire movie or TV show to their YouTube channel. It's being used for commentary or criticism. Cordova's lawyer, however, tells TorrentFreak that the offense here is the use of the ripping tools versus the content Huneault eventually used. Huneault's lawyers say that argument is a “tactical maneuver that may eventually fall apart if [Huneault] didn’t use a ripping tool.”
The case is still moving through the court, so we'll have to see who has the more compelling argument in the end.