The big question is, why didn't the copyright claim system catch them stealing video in the first place? I never heard of h3 until yesterday but I read the news and watched the channel. They clearly stole video and made a derivative production from it.
They should have LOST! Yea I'll say it, even though it won't be popular. Without the video that they stole, they'd have nothing on their own to present. Just commenting on it shouldn't protect them.
But in the digital era where it's easy to create something pulled from others it seems "unfair" if someone else says you can't. Had this video been on tv in 1990, the case would go the other way and no one would be surprised about it. But they rallied around the flag of "protect youtubers" to distract from the fact that they used video without permission. Even though the losing side was also a youtuber and no one cares about him.
I'm sure if a big movie studio put YouTube videos in a film people would cry foul saying it's not fair use. But because it's hip and trendy, doing it on YouTube makes it ok. I guess...
Let's try the same format of video but with a popular song, doesn't matter the singer. It's a guarantee that's you'd get your video taken down and if you sued, you'd lose easily. But again I guess it's "artists trying to make a living" or something.
Then just watching their videos, they come off as really scuzzy people. Their whole racket seems to be taking other videos and making comments on them, mostly mean ones at that.
I'm sure to get booed for what I've said but if someone agrees deep down with me then stand up and say so. After all your videos are now fair game for anyone to say and do almost anything they want with them and hide behind fair use because they talked over it.