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.”
Recommended by Our Editors
The case is still moving through the court, so we’ll have to see who has the more compelling argument in the end.
Get Our Best Stories!
Your Daily Dose of Our Top Tech News
By clicking Sign Me Up, you confirm you are 16+ and agree to our Terms of Use and Privacy
Policy.
Thanks for signing up!
Your subscription has been confirmed. Keep an eye on your inbox!
About Our Expert
Experience
I’m a reporter covering weekend news. Before joining PCMag in 2024, I picked up bylines in BBC News, The Guardian, The Times of London, The Daily Beast, Vice, Slate, Fast Company, The Evening Standard, The i, TechRadar, and Decrypt Media.
I’ve been a PC gamer since you had to install games from multiple CD-ROMs by hand. As a reporter, I’m passionate about the intersection of tech and human lives. I’ve covered everything from crypto scandals to the art world, as well as conspiracy theories, UK politics, and Russia and foreign affairs.
Read Full Bio
