Ethan Ralph of the Ralph Retort is challenging Twitch streamer Destiny's copyright claim. The claim is in regards to a video that featured a short snippet of a stream where Destiny mentioned FBI visiting him to question him about possible possession of child pornography. Google offers certain guidelines regarding how to submit a DMCA but filing a false claim can result in suspension of account or "other legal consequences."
Despite YouTube being owned by Google, there has been much written about the potential for DMCA claim abuse at the video sharing platform. Of course, Ralph is aware that the content was Destiny's but he is still challenging the claim and seems to be fairly ready to face any "legal consequences" that may rise as a result of standing his ground.
<blockquote class="twitter-tweet" data-lang="en"><p lang="en" dir="ltr">Destiny now has 10 business days to sue me or else the video goes back up. <a href="https://t.co/L3TGBOf3jK">pic.twitter.com/L3TGBOf3jK</a></p>— Ethan Ralph (@TheRalphRetort) <a href="https://twitter.com/TheRalphRetort/status/978966039726829568?ref_src=twsrc%5Etfw">March 28, 2018</a></blockquote>
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Destiny now has 10 business days to sue me or else the video goes back up.
7:04 AM - Mar 28, 2018
Ralph also noted at his Twitter that, "The discovery phase would be fun."
People asked why I didn't include the "evidence" in my first article on the subject, but since I knew Steven Bonnell II's (aka Destiny) history of aggressive DMCA claims, I assumed it would be safer to point to the Ralph Retort page where it was held. Ralph has a version of the same clip now hosted via Dailymotion while awaiting the results of his counterclaim. Bonnell could attempt to obtain a court order requiring YouTube to remove the video.
Generally a video would require additional commentary or need to be "transformative" in some manner but Ralph believes his claim may still fall under fair use since it wasn't monetized, used under a minute of the content as well as the video being "newsworthy" content that gave credit to the original and linked back to the stream in the description.
<blockquot>"I expect the same will happen in this case, but perhaps I will be proven wrong. I almost hope he does sue me, as the discovery phase of any case against Destiny will be a lot of fun."</blockquote>
I honestly hope he does sue me, btw. The discovery phase would be a lot of fun. https://t.co/S7By3ZgXuX
— Ethan Ralph (@TheRalphRetort) March 28, 2018
We will continue to c