What's up you beautiful bastards. Hope you're having a fantastic Monday.
Welcome back to the Philip Defranco show and let's just jump into it, and the first thing
I want to talk about today is another huge fair use case that could change what people see is fair use and I will say
There is part of me that is surprised that we are talking about another massive fair use case this close to the H3H3 decision
We of course talked about that landmark fair use decision late last week the same time the other part of my brain goes well all
situations aren't the same and we've been calling this for a while as far as youtubers suing youtubers as the industry matures there's
More money lawyers get involved and there's something to actually take well
Yes You can pay lawyers upfront put them on retainer there are lawyers willing to work for a share of the winnings and now that youtubers
Are making enough that there are actual winnings to be taken?
We're gonna see more of that that note of all fair use cases are not made the same
I think that's something that we need to focus on the h3h3 case and what we're about to talk about are far different the
The situation we're talking about today Involves YouTuber akilah hughes otherwise known as Akela
Obviously doing carl Benjamin otherwise known as sargon of akkad I'll link to the full claim down below
but let me try and simplify November 18
2016 Akela puts out a video called "We thought she would win" the video is a mishmash of her talking in front of her kitchen
And then also footage from election night she's on the ground floor where hillary Clinton is supposed to give her victory speech
They're gonna have a party and then you see the night. Go horribly wrong for Clinton and her supporters the lawsuit claims
Oh Karl takes that video
He essentially
Trims it Aquila's video coming in at just under 10 minutes while Karl's is coming in at around a minute and a half
But has essentially been described as just clips from Aquila's video played back to back
There's no commentary like you would see with an h3h3 video where they play a clip
They react play a clip than they were yeah karl's videos then taken down by Akela. Here's a carl
then start trying to fight against that but then also
Uploaded the video to another site called minds there the promotion of the video reads akilah hughes his copyright strike my satire of her
So I am uploading it here original video then providing a link, but if you try and see that video today
It's no longer there and before. We move any further
It's just really important that we understand the difference here
And I figure let's just use Jake paul as an example if I play a clip from Jake Paul's new video and provide some commentary
Like this yes. I was a dumb fifth grade stupid bully still forget the shipment Coolie
Rhyme Bully and Coolie I gotta make sure this isn't like twelve-year-old slang that I'm not aware of
Nope unless he was making a racist reference to unskilled Asian labor
That was just the laziest
Fucking rhyme ever couldn't be bothered to let the y roll into whatever the next word would be brett that bully
Nothin just lazy same garbage different day that would be an example of the h3H3 situation in Defense whereas
This this is like if I took one minute of Jake Paul's video just upload it on the internet
But then change the title instead of his title of fuck Jake Paul official music video in this situation
I just re-upped loaded with the title kid with learning disability raps for the first time not clickbait
emotional that is the situation
It looks like we're dealing with with Sargon of akkad because reportedly Sargon's clip was originally titled
Sjw levels of awareness the question becomes is that
Defensible when it comes to fair use my opinion as someone that is 100%
Not a lawyer not that I really feel like I need to clarify that but just so I did my opinion is
Really although there may be one defense out there for him
It could be argued that Sargon's title of the video which essentially serves as a caption on the viewing page here on YouTube is
Transformative in Nature and an example people have been using for this to be a proper defense is an artist by the name of Richard
Prince Richard Prince is the artist that made massive news when he simply took people's instagram photos with their captions
And then simply included his comment at the bottom of the picture and then sold those as art and at least one of these pieces
Reportedly sold for almost
$100,000 so note there is that while people are saying well prince has gotten away with
Appropriation in the past he's still dealing with this situation princes won, and when he lost he successfully appealed cases in the past
But this is a different situation
And it's one like with a sargon situation that is being taken seriously in july a us district judge
Sidney Stein ruled the princes case would not be dismissed and said the primary image in both works is the photograph itself Prince is not
materially altered the composition
Presentation scale color Palette and media originally used by Graham that's another place that this situation could be seen as different with Sargon's video what?
He took out could be seen as a creative choice to go along with his change of title still is that enough?
I don't know and at most
I think it's kind of a weak defense
But that is me personally also the amount being pursued in this situation is very interested payout here could end up being six figures
but the video that this is all coming from at this time as I'm filming as
28,000 views lots of claims video is on its way to becoming one of our most popular videos
If we go to our videos now they range between six thousand twenty thousand views and if you look at our most viewed videos those
range between one hundred Eighty thousand one point five seven
Million views so to me that specific claim seems pretty soft although her lawyers will most likely argue because Sargon's video was not
Transformative in Nature his rib trimmed and re-uploaded video
Undercut the potential of her at that point you could argue not only ad revenue for that specific video
But gaming lifetime viewers who over the course of blah blah blah bring in whatever at this point?
We're talking about the legal situation of was this video market substitute, and I'll let the lawyers argue that out
So that's where we are with this situation right now
It will be very
Interesting to see what happens if Sargon will settle if he will fight back be very interesting to see what happens
But I also want to pass the question off to you
What are your thoughts here? Do you think the video is defensible by a claim of fair use or no?
Do you think that Sargon was in the wrong here? I'd love to know your thoughts. Let's talk about president trump officially pardoning
Joe, Arpaio's, this is a situation. That's a big deal
It didn't get as much coverage because of the hurricane which that is an understandable situation. That is a massive disaster
That is worthy of people's attention, and we're going to touch on that
But we need to talk about this rPO
Situation so for those who don't know Joe arpaio was an Arizona sheriff in fact
He was known as the toughest sheriff in America by some is a little overview Rika arpaio was a sheriff for MaricoPa County, Arizona
Who's known for being a hardliner on immigration?
He was highly criticized for his use of tent jails and racial profiling
It was tent jails were outdoor holding facilities for those awaiting trial with limited air conditioning in the Arizona desert
He one of his policies for fighting illegal immigration was to have his officers Target latinos for traffic stops to check if they were citizens
If the person pulled over was not a us citizen or paio would have them arrested and sent to federal immigration officials for deportation
But racial profiling is illegal in the united states and violates the fourth Amendment essentially of a situation of hey that guy's brown
I'm gonna stop him well yes, you might find someone that is in this country illegally, and they're gonna send them away
You're otherwise just going to harass someone because they have brown skin right? You're not stopping someone because they're
Speeding or they have a broken taillight
They have a weapon or drugs
Viewable from the window seeing a brown person and using that as a reason to stop them right and so not so shockingly there was
A racial profiling loss the case was Melendez VS.
Arpaio and District Court Judge Jean-Marie snow put a permanent injunction against the use of racial profiling by our pay
and his team in 2011 later reaffirming that decision in
2013 so that means he was ordered to no longer use racial profiling to Target latinos in any Manner without a suspected crime or traffic
violation there were to be no stumps
But arpaio made it very clear that he was not going to stop his policy and felt. He was just enforcing immigration laws
He said in an interview after the decision that he's going to quote never give into control by the federal government if they don't like
What I'm doing get the laws changed in Washington
and in
2016 he lost his election for sheriff then in july of this year the 85 year old was found guilty of contempt of court for
Disobeying the injunction used to be sentenced in October, but then president trump jumped in initially he teased it in that Arizona speech
I'll make a prediction. I think he's gonna be just fine okay and later sweeting on the 25th
I'm pleased to inform you that I've just granted a full pardon to 85 year-old American Patriots Sheriff Joe arpaio
kept Arizona safe and so the question became why would trump do this yes arpaio was one of the first people to back trump when
He said he was going to run one. We're talking about a misdemeanor charge one year in Jail
Tops most pardons are for more serious felonies
But to our pay ou had not even been sentenced yet for this
Misdemeanor his penalty could have been as small as a fine and three well the president went a hundred percent is in his right to
Be able to do this pay. Oh never even petitioned to be pardoned
So if anything, it seemed like this was trump making a statement because he could maybe using the situation to show how hard lined
He is in regards to illegal immigration also
Just maybe using this as a chance to flip the bird to president Obama again Arpaio's representation in the past had said the obama
Administration we're conducting a witch-hunt and after trump issued this pardon Arpaio's lawyer said sheriff sees it as president trump doing the right thing in
The face of a great injustice in connection with an innocent man who was the victim of a political witch-hunt by the Obama administration?
That said as you'd expect there was still a lot of backlash even from Trump's own party a spokesman for speaker of the house Paul
Ryan issued this statement saying the speaker does not agree with this decision
Law enforcement officials have a special responsibility to respect the rights of everyone in the United States
We should not allow anyone to believe that the responsibility is diminished by this pardon senator John McCain tweeting
Otis's Pardon of Joe Arpaio who illegally Profile Latinos undermines his claim for the respective rule of law outside of the party the
Aclu s deputy legal director said with his pardon of our pay o trump has chosen lawlessness over justice
Division over unity hurt over healing once again the president has acted in support of illegal failed immigration enforcement
practices that target people of color and have benched
Down by the Court this pardon of our pay. Oh is a presidential endorsement of racism
It's not know that I want to hit on with Donald trump being called a racist do I see the president as a racist no
I personally do not I personally see the president as someone that is so anti illegal immigration, so
Anti Terrorism that he is willing to stomp on the rights afforded to us citizens by our
Constitution and pursuit to combat those things and as often is the case the people most affected by that are minorities once again
I am not in President Trump's head
He may well be when you call him a racist all of a sudden the argument turns into one of intent
why is he doing this rather than the core of what this situation is the pardoning of a man who in the pursuit of
Fighting illegal immigration decided that probable cause could include someone's skin color as Americans
we're supposed to have protections from unreasonable search and seizures what we're seeing here is the
Defense and pardon of a man who said the fuck with that. I'm gonna get a result regardless of whose rights
I trample on but of course that's just the way I see it and then let's talk about hurricane and then tropical storm harvey
Ira made landfall on Friday as a Category 4 hurricane
and hit
Texas near Corpus Christi and along with the high-speed winds Harvey brought an iMmense amount of rain and we were talking about Houston and surrounding
areas with
catastrophic flood and the thing is it's not over yet over the next few days harvey is forecast to head back into the gulf of
Mexico and they are they expected to pick up moisture before moving back over Galveston, Texas and into Houston again
So that's looking like at least four more days of rain understand
Just because this was a cat 4 and is now just a tropical storm
this will be huge so far the storm has dumped more than
24 inches of rain over Southern Texas some are reporting that we should expect that number to double to 50 inches in some areas parts
Of Harris County specifically have already seen over 30 inches of rain in the past 72 hours the flood has swallowed up cars houses
Highways and left people in dangerous situations as of recording this video
Five deaths have been reported by the national weather service two have been confirmed the thing is because this is a developing situation
There our rescues
They're searches that number is very likely to rise also the longer people are left without
Medications or treatment for injuries that will have an impact and as far as the search and rescue for these people the coast guard said
it as before more than 2,000 multi-person rescues in the Houston Galveston area and that includes more than 200 rescues by air and more than
1,000 rescues by water officials are also predicting more than 30,000 people may be forced into temporary shelters and for
50,000 people will seek some sort of disaster assistance
we have Texas governor Greg Abbott saying on Sunday that more than
3000 National and State guard Troops have been deployed to assist with relief efforts an additional
1,000 national guard members to be sent to Houston today
Houston Mayor
Sylvester Turner warning that some
9-1-1 calls are going to go unanswered as operators are giving preference to life threatening calls the city of Houston even tweeting 911 services at
capacity if you can shelter in place
Do so a few inches in your home is not imminent
Danger only call if in imminent danger a spokesman for the joint information center in Houston saying the advice is if you don't have to
Be out don't be out
I think that most of the calls for help the center to receive and come from residents who tried to drive through the storm and
Got stuck in high water
Officials have also urged people to climb to their roofs to await shelter if water was rising in their homes and local TV anchors reminded
People to stay out of attics where they might be trapped
So if you can kind of tell it doesn't seem like there's enough people to help and so this is why you have Harris County
Judge at Ema the area's top emergency official asking citizens with boats to help
Rescue people that are trapped and people have answered the call both people locally as well as people from outside
Driving their boats
and there's also been blame and disagreement around the idea of
Evacuation governor Abbott and other state officials have disagreed over the past few days with local Houston officials about whether the region should be
evacuated on Friday Abbott urged coastal residents
including residents of Houston that even if an evacuation order has not been issued by your local official if you are in areas between
Corpus Christi and
Houston need to strongly consider
Evacuating if you wait until you realize how serious this condition is you likely will find that
It's too late for you to be able to evacuate you had city officials
That said it wasn't necessary which left people confused as what to do Mayor turner defended his decision not to order a mandatory evacuation
Saying it would have been more dangerous for so many residents to try and travel through the heavy rains is because harvey was also affecting
San Antonio and Austin the logical locations for fleeing houstonian and saying quote you cannot in the city of Houston put
2.3 million people on the road that is dangerous when you combine Houston in Harris County you literally cannot put
6.5 million people on the road if you think the situation right now is bad
You give an order to evacuate you are creating a nightmare it appears that as of this morning governor Abbott is trying to just get
Past this and focus on the situation at hand on CnN this morning
He said it's so difficult to look in hindsight to see would it have been better to
Evacuate or not evacuate which is why we simply aren't focused on it right now instead all of our attention is focused on saving
on the note of all these different groups working together to save people president trump has praised many eating wonderful coordination between federal state and
local governments in the Great state of Texas Teamwork record-setting rainfall rate coordination between agencies
at all levels of government in ewing rains and flash floods are being dealt with thousands rescue many people are now saying this is the
worst storm Hurricane
They have ever seen good news is that we have great talent on the ground and president trump is also signed a disaster
proclamation for both, Texas and Louisiana
And these moves are to allow for additional federal assistance to be directed towards the response efforts with help from fema and truly
I mean that money is going to be needed this is going to be devastating for this area for years
That's in these trying times that we see the good in people
Yes we're seeing heroes from the national guard and more saving people seeing this picture of Houston police officer Bob Gorlitz passed out from
exhaustion exhaustion from Having works non-stop
Rescuing people helping victims seeing neighbors have heard the call for help rescuing their other neighbors seeing that TV crew in their coverage
Noticing that there was a man trapped in a semi instead of just filming him they they waved down
Emergency services to rescue him all of these are examples that most heroes don't wear capes and so for those not there
You're not able to help in person there of course are other ways to help you can donate to the red cross either online
Or by texting Harvey to nine Zero nine nine nine
That's x we'll donate $10 also if you don't have cash you can help by giving part of yourself
There's an emergency need for blood donations for the victims of Harvey include a link down below so you can find your nearest location
Also, the crowdfunding website globalgiving is trying to raise two million dollars to provide food water
Medicine in addition to long-term recovery assistance also lesser-known groups like the Texas Diaper bank is assisting people with small children
AirBnb is waiving all their service fees for those affected by this disaster
also
If you're somewhat near the area there's a link down below where you can offer your home for someone for free to stay there
There's a lot of different ways a lot of different people can help even sometimes sharing some of that information
Like the fact that you can find a place is finding a place to stay for displaced families like that that could be huge
So in whatever way you can help that would be amazingly
I'm donating to the red cross because I can but there are a lot of other ways
It's in these most trying of times where it's so important
We come together
And that's where I'm gonna end today's show and remember if you like this video you like what I'm trying to do on this channel
hit that like button if you're new here hit that subscribe button make sure you don't miss these daily videos a lot actually if you
didn't miss
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Behind-the-Scenes vlog click or tap right there to watch that that said of course as always my name's Philip Defranco
You've just been phill'd xin, how laughs yo faces, and I'll see you tomorrow