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YouTuber Extortion? MxR Plays v. Jukin - Real Law Review // LegalEagle

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YouTuber Extortion? MxR Plays v. Jukin - Real Law Review // LegalEagle

Jukin Media demands MxR Plays pay $6000 for three meme videos! Is it EXTORTION???
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Summary of the dispute from the BBC:
MxR and Potastic Panda are known for making videos where they react to memes and other online content. But it turns out four videos they watched have been bought up by a media company, which has slapped them with a bill for infringing its copyright.
And unless they pay, their channel could now be removed due to the nuances of YouTube's copyright system. A channel receives a strike against it if a copyright owner formally notifies YouTube that a copyright infringement has taken place. Receiving three strikes, according to Google, results in a YouTube channel being subject to termination. MxR Plays is a YouTube channel which often involves 'reaction videos' - where people film themselves reacting to anything from memes to movie trailers. MxR and Potastic Panda, the YouTubers who host the channel, say they have received four copyright claims in the same bill from Jukin Media, with Google yet to be notified. Their joint channel has 840,000 subscribers - and MxR has a personal following of more than two million.

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Welcome to Real Law Review by LegalEagle; a series where I try to tackle the most important legal issues of the day. If you have a suggestion for the next topic leave your comment below.

And if you disagree, be sure to leave your comment in the form of an OBJECTION!

Remember to make your comments Stella-appropriate. Stella is the LegalBeagle and she wields the gavel of justice. DO NOT MESS WITH STELLA.

★More series on LegalEagle★
Real Lawyer Reacts:
Laws Broken:
Law 101:
Real Law Review:

All clips used for fair use commentary, criticism, and educational purposes. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015).

Typical legal disclaimer from a lawyer (occupational hazard): This is not legal advice, nor can I give you legal advice. Sorry! Everything here is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney-client relationship. Also, some of the links in this post may be affiliate links, meaning, at no cost to you, I will earn a small commission if you click through and make a purchase. But if you click, it really helps me make more of these videos!

========================================================


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Lawyer Explains MXR Plays / Jukin Media “Extortion” Scandal – Viva Frei Vlawg

The cool thing about benig known as the “YouTube Lawyer” is that when the proverbial poopoo hits the fan on trending issues, my inbox explodes Metaphorically speaking. A lot of people have been messaging me about the MXR Plays vs/ Jukin Media “extortion” scandal, asking me what I think of it. I’ve looked into it. Here is my assessment. THIS IS NOT LEGAL ADVICE! Peace!

#MXRPlaysJukin #JukinExtortion #MXRJukinMedia
x

YouTube’s “MxR Plays”: Fair Use, Extortion, and the Muddy Middle of Copyright (VL155)

FOR EVEN MORE ON THIS CHECK OUT:
MxR Plays/Jukin Media: Q+A - Fair Use? Extortion? Injustice? (VL Extra)


When YouTuber MxR Plays was served with a $6,000 Notice of Settlement Fees from viral video licensor Jukin Media, they (and others) immediately called the notice extortion.

What are MxR accused of? Why did Jukin pick them to send their letter to? How did Jukin arrive at that $6,000 ($1,500 per clip) amount?

How does the law of Copyright describe infringement? How does the concept of Fair Use serve as a defense? How does the court determine when either will apply?

And how and when can the threat of a lawsuit be deemed extortionate?

We've got a lot to cover.

We're always balancing factors...in Virtual Legality.

#MxRPlays #JukinMedia #FairUse

***
Discussed in this episode:

We're being extorted for all our money and we don't know what to do anymore
YouTube Video - January 9, 2020 - MxR Plays


Here are the charges Jukin media gave me.
Tweet - January 9, 2020 - @mmoxreview


Copyright strike basics
YouTube Help


An attractive woman was arrested. This was her ridiculous response.
YouTube Video - December 9, 2020 - MxR Plays


Volcano Eruption in Papua New Guinea
Jukin Media Group


Exclusive rights in copyrighted works
17 USC Section 106


Limitations on exclusive rights: Fair use
17 USC Section 107


More Information on Fair Use
US Copyright Office Website


Interference with commerce by threats or violence
18 USC Section 1951


Michael Avenatti and Nike: When does a lawful threat cross into extortion?
NBC News - March 26, 2019 - Danny Cevallos


Ninth Circuit Says Fair Use Must be Considered Before Sending a DMCA Takedown Notice
Jones Day Insights - September 2015


***
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***
Virtual Legality is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

Rick has practiced for more than a decade at some of the country's largest law firms, representing IT, software, video game, and other technology companies, as well as the individuals and institutions which fund them.

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

Any and all feedback is appreciated. Let us know what you think!

***
FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website:

On our Blog, Rules of the Game, at
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Jukin Media Extorts YouTuber MxR By Abusing YouTube's Awful Copyright System

SOURCE 1:
SOURCE 2:
SOURCE 3:
SOURCE 4:
SOURCE 5:




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MxR Plays vs Jukin Media - Extortion Used To Squash Fair Use | It's Time To Stand Up!

Copyright laws maybe complex, but predatory business practices that take advantage of that fact is unethical.

I been following MxR Plays for the last year or so, not because of his hilariously risque vids in the modding scene, but because of his reaction vids. Just love Henry and Jeannie's genuine bond and banter with each other. So to hear them run into this issue really upset me.

The more I understood the situation the more I was concerned as a content creator. I had to jump into action and join the every growing chorus of creators who find this sort of injustice threatening to our livelihood. I been on the business side of this situation before, and I seen what when predatory business practices get out of hand.

Lawful Masses with Leonard French - Copyright And Extortion


Leonard French Legal Review of Fair Use


Hoeg Law Commentary


YongYea Commentary


The Quartering Commentary


Upper Echelon Gamers


Peace!
John Master Lee

Secret To Success:
React To The World:
Lulu Instagram:

MxR Plays WINS! Jukin Media Is Defeated! Let's Celebrate!

MxR Plays Has VANQUISHED The Monster That Is Jukin Media! He Also Gave Me A VERY Kind Shout Out! Check Out His Channel &

#JukinMedia
#MxRPlays

Like That Art Behind Me? It's From Displate! Here Is A Special Link!

We MUST Stop Jukin Media From Extorting MxR Plays & Others!

This is it..today is the day that we will mobilize. What Jukin Media is doing to MxR Plays & Other youtubers is beyond the pale and must have consequences.

#JukinMedia
#MxRPlays Like That Art Behind Me? It's From Displate! Here Is A Special Link!

Youtube ACTUALLY Responds! You Won't Believe What They Said!

This whole mess has been going on with myself, MxR Plays, people like Mark Dice & More. Causing Loads Of Stress. Get NeetSnacks & Support The Channel! and also include the promo code TAKE5 for $5 off their first order.


#MxRPlays
#Youtube

Like That Art Behind Me? It's From Displate! Here Is A Special Link!

@MxR Plays gets Demonetized; What YOU Can Do About It

After the huge blow-up between MxR and Jukin Media, @MxR Plays and @MxR Mods reveals that they are now being regularly demonetized and YouTube refuses to review their videos for remonetization. While there is no easy solution, here's something YOU can do about it.

MxR's Video announcement:

#MxR #YouTube #Demonetized

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Jukin Media RUNNING SCARED From MxR Plays! Deleting Social Media & Hiding! Keep It Up!

The wonderful team over at MxRPlays has been dealing with a company called Jukin Media which is essentially trying to force them to pay thousands of dollars and ignore fair use. This cannot stand!


#JukinMedia
#MxRPlays Like That Art Behind Me? It's From Displate! Here Is A Special Link!
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YouTuber Copyright Extortion | Jukin Media EXTORTS MxR Plays

#MxR #JukinMedia #extortion #copyright @MxR Plays
YouTubers - Watch out for copyright extortion!!! Jukin Media extorts MxR Plays with crazy copyright claims after they were successful with their first extortion ul. It's now time to pay attention and learn how to avoid copyright infringement or you could be in hot waters with certain Media Companies. Copyright extortion isn't pretty; it's simply copyright injustice. You could decide to be like @David Dobrik whose YouTube channel is copyrighted by so many Music Companies and he can't make any money from his channel. 'MxR Plays' story here -

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Extortion Exposed: MxR Plays vs Jukin Media! The Truth Revealed About A Copyright Troll!

MxR Plays and Jukin Media have reached an agreement! Which is great news for Henry and Jeannie from MxR Plays. Their fans are celebrating. But is this saga really over? Has Jukin Media changed their ways?

I'll share with you my thoughts on the reality of it all. From someone who has 20 years of experience as a business executive who has worked with copyright, trademark and patent laws for some of the biggest brands out there.

Peace!
John Master Lee

Secret To Success:
React To The World:
Lulu Instagram:

Jukin Media Pushed Back After Extortion Attempt Against YouTuber MxR

SOURCE 1:
SOURCE 2:
SOURCE 3:




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Angry Rant: Youtube Is SERIOUSLY Messing Up Again!

Youtube has always had a tough relationship with us creators, at least as long as I can remember but this past week things are getting is even worse.

Like That Art Behind Me? It's From Displate! Here Is A Special Link!

MxR Plays/Jukin Media: Q+A - Fair Use? Extortion? Injustice? (VL Extra)

We dive in to answer comments and questions about our look at Jukin Media's request for settlement from YouTuber MxR Plays.

***FROM FRIDAY***

YouTube’s “MxR Plays”: Fair Use, Extortion, and the Muddy Middle of Copyright (VL155)


When YouTuber MxR Plays was served with a $6,000 Notice of Settlement Fees from viral video licensor Jukin Media, they (and others) immediately called the notice extortion.

What are MxR accused of? Why did Jukin pick them to send their letter to? How did Jukin arrive at that $6,000 ($1,500 per clip) amount?

How does the law of Copyright describe infringement? How does the concept of Fair Use serve as a defense? How does the court determine when either will apply?

And how and when can the threat of a lawsuit be deemed extortionate?

We've got a lot to cover.

We're always balancing factors...in Virtual Legality.

#MxRPlays #JukinMedia #FairUse

***
Discussed in this LIVE episode:

We're being extorted for all our money and we don't know what to do anymore
YouTube Video - January 9, 2020 - MxR Plays


Here are the charges Jukin media gave me.
Tweet - January 9, 2020 - @mmoxreview


More Information on Fair Use
US Copyright Office Website


EQUALS THREE, LLC v. JUKIN MEDIA, INC.
139 F.Supp.3d 1094 (2015)


***
PODCAST VERSIONS AVAILABLE AT

Spotify:
(

iTunes:
(

SoundCloud:
(

Google Play Music:
(

***
Virtual Legality is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

Rick has practiced for more than a decade at some of the country's largest law firms, representing IT, software, video game, and other technology companies, as well as the individuals and institutions which fund them.

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

Any and all feedback is appreciated. Let us know what you think!

***
FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website:

On our Blog, Rules of the Game, at
x

MXR Plays & Jukin Media's “Extortion” – Responding to Comments | Viva Frei Vlawg

I love the internet. Most of the time. But expecially when the comments bring up good points for further clarification. Responding to issues raised in the comment section of my most recent vlawg on the MXR Plays vs. Jukin Media “Extortion” scandal. It can be a good learning experience for the rest of us. #MXRPlays #JukinMedia #MXRPlaysJukin

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Lawyer Examines Impeachment Defenses (Real Law Review)

What defenses do the Trump Administration defenders have left?
Get 3 months of Audible for just $6.95 a month (That’s half off!). Just text legaleagle to 500 500 or click

From the New York Times:
“Republicans mounted an array of defenses of President Trump at this week’s impeachment hearings — making arguments that at times seemed to conflict with one another logically, but that dovetailed in a key way: All served to undermine Democrats’ allegations that Mr. Trump abused his power. In angry statements from the hearing dais, lines of questioning to witnesses and comments during breaks to reporters, Republicans sought to poke holes in the strength of evidence that Mr. Trump personally put a condition on the government committing official acts — namely, that Ukraine publicize investigations that could benefit him. But at other times, Republicans suggested that Mr. Trump’s pursuit of those investigations was justified — reading into the record related facts and allegations about Ukrainian actions in 2016 and about the Ukrainian gas company Burisma and its decision to give Hunter Biden, the son of Vice President Joseph R. Biden Jr., a lucrative board seat.”

As I see it, here are the main Republican legal defenses:
No quid pro quo
It’s all hearsay
The aid was released (the Sideshow Bob defense)
The Ukranians didn’t feel pressure (no harm no foul)
The Ukranians didn’t have to pay
No mens rea
It’s foreign policy
The state department went rogue
The President must root out corruption
It’s bad but not impeachable

Great article by Elie Mystal, who you should definitely be following

I also recommend Orin Kerr:
And definitely read Neal Katyal:

(Thanks to Audible for sponsoring this video)

-------------------------------------------------------------------------------

Welcome to Real Law Review by LegalEagle; a series where I try to tackle the most important legal issues of the day. If you have suggestion for the next topic leave your comment below.

And if you disagree, be sure to leave your comment in the form of an OBJECTION!

Remember to make your comments Stella-appropriate. Stella is the LegalBeagle and she wields the gavel of justice. DO NOT MESS WITH STELLA.

★More series on LegalEagle★
Real Lawyer Reacts:
Laws Broken:
Law 101:
Real Law Review:

All clips used for fair use commentary, criticism, and educational purposes. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015).

Typical legal disclaimer from a lawyer (occupational hazard): This is not legal advice, nor can I give you legal advice. Sorry! Everything here is for informational purposes only and not for the purpose of providing legal advice. You should conta ct your attorney to obtain advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney client relationship. Also, some of the links in this post may be affiliate links, meaning, at no cost to you, I will earn a small commission if you click through and make a purchase. But if you click, it really helps me make more of these videos!

========================================================

★ Tweet me @legaleagleDJ
★ More vids on Facebook: ➜
★ Stella’s Insta:
★ For promotional inquiries please reach out here: legaleagle@standard.tv

Impeachment Bombshells and Fireworks - Real Law Review

The impeachment trial of President Donald Trump Begins. Is it fair?
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⚖️⚖️⚖️ Interested in LAW SCHOOL? Learn everything you need to know with my PRELAW COURSE:


©©©©© Need help with COPYRIGHT? I built a course just for you (15% OFF!):


★ A Few of My Favorite Things★

????️‍♂️My Custom Suits:
????My Ties:
????My Tie Clips/Bars:
????My Pocket Squares:
????My Hair Product
????My Video Camera Setup

-------------------------------------------------------------------------------
Summary from CNN:
The Senate early Wednesday morning approved rules for the Senate impeachment trial of President Donald Trump on a party-line vote that delays the question of whether the Senate should subpoena witnesses and documents until later in the trial.

The rules resolution from Senate Majority Mitch McConnell was approved 53-47 after Republicans defeated a series of amendments from Senate Minority Leader Chuck Schumer on the opening day of the bitterly fought impeachment trial. Schumer proposed 11 amendments seeking to subpoena a trove of documents from the Trump administration and witnesses like acting White House chief of staff Mick Mulvaney and former national security adviser John Bolton, but the amendments were thwarted almost entirely by the same party-line vote, 53-47.

As the debate continued into the early hours of Wednesday morning, tempers increasingly began to flare. Chief Justice John Roberts admonished both the House managers and the President's lawyers after a particularly heated back and forth with House Judiciary Chairman Jerry Nadler, White House counsel Pat Cipollone and Trump lawyer Jay Sekulow. Roberts said he was admonishing the two sides in equal terms to remember that they are addressing the world's greatest deliberative body.

-------------------------------------------------------------------------------

Welcome to Real Law Review by LegalEagle; a series where I try to tackle the most important legal issues of the day. If you have a suggestion for the next topic leave your comment below.

And if you disagree, be sure to leave your comment in the form of an OBJECTION!

Remember to make your comments Stella-appropriate. Stella is the LegalBeagle and she wields the gavel of justice. DO NOT MESS WITH STELLA.

★More series on LegalEagle★
Real Lawyer Reacts:
Laws Broken:
Law 101:
Real Law Review:

All clips used for fair use commentary, criticism, and educational purposes. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015).

Typical legal disclaimer from a lawyer (occupational hazard): This is not legal advice, nor can I give you legal advice. Sorry! Everything here is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney-client relationship. Also, some of the links in this post may be affiliate links, meaning, at no cost to you, I will earn a small commission if you click through and make a purchase. But if you click, it really helps me make more of these videos!

========================================================


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★ More vids on Facebook: ➜
★ Stella’s Insta:
★ For promotional inquiries please reach out here: legaleagle@standard.tv

Real Law Review: Discord and BetterHelp Hurting Users? (New Terms of Service)

Discord and BetterHelp recently changed their terms of services (ToS). What does it mean to waive your right to class action and force arbitration? Does BetterHelp do anything to actually provide therapeutic services? We’ll find out why today! Corporations v. Users! DeFranco v. PieDiePie! Fight!

Welcome to Real Law Review by LegalEagle; a new series on this channel where I try to tackle the most important legal issues of the day. If you have suggestion for the next topic leave your comment below. And if you disagree, be sure to leave your comment in the form of an OBJECTION!

Remember to make your comments Stella-appropriate. Stella is the LegalBeagle and she wields the gavel of justice. DO NOT MESS WITH STELLA.

★ A Few of My Favorite Things★
(clicking the links really helps out the channel)

Custom Suits:
Ties:
Tie Clips/Bars:
Pocket Squares:

▶ Why Indochino Suits? (50% off Premium Suits + free shipping) [ Off-the-rack suits NEVER fit right. Indochino makes fully custom suits that fit perfectly using any material I want, with all of the options I want. And they cost 1/3rd of what normal suits costs. I’ve purchased them with my own money for years, so I’m thrilled they are now a sponsor.

▶ Why Ties from TheTieBar? (Free shipping on orders over $50) [ Normal ties are too fat. Skinny ties are too skinny. So these days I only wear ties that are exactly 2.5” wide. They are fashionable without being hipster. You see them in all of my videos. TieBar ties are perfect, come in every color I want, and never cost more than $19.

▶ Why these Tie Clips? [ It’s really hard to find affordable tie clips that are the right size (1.5”), look good, and are great quality. These tie bars are all three. Plus the 3-pack gives a variety of styles. They pair perfectly with 2.5” ties from TheTieBar (above).

▶ Why these Pocket Squares? [ I like my pocket squares perfectly, well, square. Like straight-out-of-Mad-Men square. The only way to do that is with a stiffer material that keeps its shape. I’ve exhaustively tried dozens of pocket squares, and these are by far the best. It’s how I get the perfectly flat pocket square you see in my videos.
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Errata:

--Epic Systems v. Lewis (consolidated with Ernst & Young v. Morris):
--Discord’s TOS:
--Betterhelp TOS:
--Betterhelp's old TOS:
--PewDiePie’s video on BetterHelp:
--Phil Defranco on BetterHelp:

All clips used for fair use commentary, criticism, and educational purposes. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015).

Typical legal disclaimer from a lawyer (occupational hazard): This is not legal advice, nor can I give you legal advice. Sorry! Everything here is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney client relationship. Also, some of the links in this post may be affiliate links, meaning, at no cost to you, I will earn a small commission if you click through and make a purchase. But if you click, it really helps me make more of these videos!

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