>>508214450
In order for Ethan to win a case based on it not being fair use because it unfairly influenced the market (viewership) of his copyrighted video he'd have to prove conclusively that their videos directly resulted in it receiving fewer views than it otherwise would have. Which for something like a youtube video is borderline impossible, because there are so many other factors that can influence how many views something gets. But even if there was some part of the youtube dashboard where he could go and objectively see data that read viewers' minds - there's no material reason to believe the video got fewer views. It got as many views in 3 months as this other video got across several years. Klein hasn't suffered any demonstrable tangible penalties as a result of those streamers. What they say in the video about their intention doesn't really matter, "Attempted Copyright Infringement" is not an actionable offence.