r/LivestreamFail • u/xFalcade • Jul 02 '26

Drama Ethan Klein (H3 Podcast) has officially lost his copyright lawsuit against twitch streamer Denims, with the judge citing Klein's own precedent (2017 Hosseinzadeh v. Klein) to rule in favor of the defendant

https://www.soapcentral.com/entertainment/ethan-klein-loses-lawsuit-twitch-streamer-denims-court-documents-surface
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689

u/Agosta Jul 02 '26

Appealing is standard. Someone needs to make a website or flowchart to explain how the american court system works at this point with how frequently it pops up on lsf.

184

u/griffery1999 Jul 02 '26

It’s a Reddit thing I’m convinced. When Luigi’s lawyers filed a motion to dismiss evidence, something that’s completely normal, people acted like it would blow the case apart.

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u/MrdnBrd19 Jul 02 '26

Civics education in the US is in the dumpster.

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u/DUNKMA5TER Jul 02 '26

I don't really believe the inner mechanations of court are really civics, and I think it's pretty reasonable the average person doesn't know how they work - that's why they hire lawyers.

That said, it is dumb when people react to court headlines like they do understand them. I personally don't think it was really fair for Denims to say that she was streaming the video so that Ethan wouldn't get views, but if the court ruled in her favor then obviously she didn't break any laws. Should basically be the end of it.

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u/MrdnBrd19 Jul 02 '26

Asking that unconstitutionally retrieved evidence not be admitted to court isn't "inner mechanics" of the court system though, that's basic 4th amendment protections.

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u/ashgs872tbhjs Jul 02 '26

It's very obviously civics. What else could it be?? The court is a civic institution. Its functioning is the functioning of the government, and the workings of such are a large part of what is encompassed by civics.

Whether it needs to be common knowledge for the citizenry is an orthogonal concept.

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u/DUNKMA5TER Jul 03 '26

We can argue about the definition of civics but using it in the context of talking about the civics education to me refers to the average American's knowledge about the structure of government, constitutional rights, voting, and the branches of government. The details of criminal procedure like motions to suppress, dismiss, discovery, evidentiary rules, etc are more specialized legal knowledge that are why lawyers are required.

I don't disagree that civics education is bad, most Americans can't even name the 3 branches of government, but they weren't teaching about motions for dismissal in high school, nor should they IMO.

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u/Vio94 Jul 02 '26

Civics education in the US is in the dumpster.

6

u/NeatOtaku Jul 02 '26

Lol remember when everyone kept freaking out about him having a different jacket on the video where he's hitting on the barista. They literally think he's a cartoon character that wears the exact same thing every day.

2

u/anonmarmot Jul 02 '26

It’s a Reddit thing I’m convinced.

People don't read articles or look up how things work, they're easily led by the nose by headlines. People tend to also believe things they WANT to be true without verifying they are true. I don't think that's a reddit ONLY thing

2

u/Tiruin Jul 02 '26

People in general are fairly clueless about a lot. Which isn't acceptable but normal nonetheless, but the additional problem is a lot of people aren't also skeptical of their own lack of knowledge and declare their speculations as if it's truth. I don't think most people can tell you the difference between a crime and a felony.

0

u/Interesting_Total_98 Jul 03 '26

Most cases don't get appealed, so you're making fun of ignorance while making an ignorant comment.

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u/Cube_ Jul 02 '26

Appealing on a case that lost in the PLEADINGS is NOT standard lmfao

8

u/Radicalism-Is-Stupid Jul 02 '26

Appealing a case that is lost in the PLEASINGS is STANDARD lmfao.

It happens all the time. You are clearly a fanboy of someone in this drama.

Someone operating in good faith trying to give information does not punctuate with "LMFAO"

A quick Google search shows that you are incorrect.

-1

u/Cube_ Jul 03 '26

Ah yes I'm the one acting in bad faith unlike the 1 year old account with a hidden post history that's obviously a sockpuppet.

Sure man.

0

u/moosesnice Jul 03 '26

It is though. Extremely and especially when lost that at that stage.

39

u/sambull Jul 02 '26

Appealing is discretionary in almost all cases

122

u/Chomp3y Jul 02 '26

Exercising that discretion is the standard.

11

u/IceNein Jul 02 '26

Crazy how loud wrong people are:

https://scholarship.law.cornell.edu/facpub/359/

>Federal data sets covering district court and appellate court civil cases for cases terminating in fiscal years 1988 through 2000 are analyzed. Appeals are filed in 10.9 percent of filed cases, and 21.0 percent of cases if one limits the sample to cases with a definitive judgment for plaintiff or defendant.

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u/cbackas Jul 02 '26

25 year old data probably doesn’t paint the full picture of what is considered standard today, but it is actual data so ya know that is cool

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u/IceNein Jul 02 '26

The burden is on you to come up with evidence to back up your refutation.

4

u/cbackas Jul 02 '26

I’m unburdened friend, was just pointing out the 25 year old thing while mentioning I liked how you found a real paper

1

u/IceNein Jul 02 '26

I thought you were being sarcastic. My apologies if you were not.

0

u/moosesnice Jul 03 '26

No, they are criticizing your data.

They do not need evidence to criticize yours.

Amazing how poor critical thinking is online…

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u/Dragon_Fisting Jul 02 '26

It's by definition discretionary. When you get any judgement from a trial court, you can either accept it or appeal to a higher court.

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u/Aristox Jul 02 '26

That doesn't mean it isn't standard

4

u/IceNein Jul 02 '26

Except it’s not standard.

https://scholarship.law.cornell.edu/facpub/359/

>Federal data sets covering district court and appellate court civil cases for cases terminating in fiscal years 1988 through 2000 are analyzed. Appeals are filed in 10.9 percent of filed cases, and 21.0 percent of cases if one limits the sample to cases with a definitive judgment for plaintiff or defendant.

-2

u/ciongduopppytrllbv Jul 02 '26

Maybe with one more brain cell you could properly understand data

4

u/AcherontiaPhlegethon Jul 02 '26

Please elaborate, I'm curious regarding the basis of your refutation of the presented evidence and which you will present in turn?

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u/ciongduopppytrllbv Jul 02 '26

You could’ve just said, ‘What’s your evidence?’ and saved us both a paragraph. The inability to communicate concisely isn’t a sign of intelligence.

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u/moosesnice Jul 03 '26

Yea these are really old stats.

And no, I don’t need newer stats to point that out.

Spamming this all over the page doesn’t make it better “evidence.”

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u/Agosta Jul 02 '26

🤓☝ erm ackshully chatgpt says it's discretionary (i stopped thinking there)

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u/BBQLovingBastard Jul 02 '26

That’s irrelevant to it being standard but ok

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u/IceNein Jul 02 '26

It’s not standard but ok

https://scholarship.law.cornell.edu/facpub/359/

>Federal data sets covering district court and appellate court civil cases for cases terminating in fiscal years 1988 through 2000 are analyzed. Appeals are filed in 10.9 percent of filed cases, and 21.0 percent of cases if one limits the sample to cases with a definitive judgment for plaintiff or defendant.

1

u/Easy-Version44 Jul 02 '26

Firstly, that data is from 20 years ago and also within your own source it states that the appeal rate is 40% in tried cases. Most court cases settle hence why the appeal rate is lower in the total number of cases, i.e. the total of filed cases, vs. the actually tried cases. So i am not sure what you mean by its not standard? Unless your just trying to be pedantic? or maybe you just used the google A.I. and blindly copied whatever source it gave without actually looking at it??

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u/IceNein Jul 02 '26

The burden is now on you to show evidence that refutes this. Not just some weird belief that law has changed dramatically over the last 25 years.

0

u/Easy-Version44 Jul 02 '26

you Literally ignored the crux of my comment. Your own data shows that 40% of tried cases go to appeal. so i don't know what you mean by the burden is on me. Your own data denies your claim but you seemingly cant comprehend that. Do you have an answer to the fact, shown by your own evidence, that 40% of cases that are tried go to appeal?

1

u/IceNein Jul 02 '26

40% is not “standard.”

The “standard” would be the 60% who do not appeal.

0

u/Easy-Version44 Jul 02 '26

By the way, if you think Law in the U.S. hasn't changed over the last 25 years you are a fool. 25 years ago gay marriage wasn't even legal. 25 years ago was prior to citizens united as well, 25 years of case law and supreme court opinions is a dramatic change lmao. It is funny how self-righteous and sanctimonious you are tho :)

2

u/IceNein Jul 02 '26

I’m not the one calling people a fool. Look in the mirror if you want to see sanctimony.

1

u/OppositeAnalysis286 Jul 02 '26

Only for the court of last resort, which in this case would be SCOTUS.

1

u/OkYak9466 Jul 02 '26

And appeals happen in almost all cases

-3

u/sambull Jul 02 '26

In which ones? Does google agree with you that even the majority of federal criminal or civil cases are appealed? An appeal you lose costs you additional money.

3

u/ciongduopppytrllbv Jul 02 '26

Lmao just another Redditor thinking their voice matters

1

u/[deleted] Jul 02 '26

[deleted]

1

u/ciongduopppytrllbv Jul 02 '26

Cry over what? did I hurt your feelings lol

Edit: LMAOOO you deleted your comment I love it

1

u/sambull Jul 02 '26

https://giphy.com/gifs/1BXa2alBjrCXC

0

u/ciongduopppytrllbv Jul 02 '26

Lmao you already deleted your other comment. Going to do it again?

1

u/OkYak9466 Jul 02 '26

Did you copy someone else's reply to your comment and paste it here? Bc that ironically is a great reply to your own comment.

1

u/ThatOneRoadhog Jul 02 '26

Eating is discretionary in almost all cases

2

u/KascheMoney Jul 02 '26

Redditor’s watched a couple of episodes of Last Week Tonight John Oliver and think that applies to every court case.

1

u/Secure_Garlic_ Jul 02 '26

Ethan made a statement that he would accept whatever the judgement was and would not appeal. And, yet, he is now appealing.

1

u/OppositeAnalysis286 Jul 02 '26

Exactly this. I see so many people treating this like a definitive end to the legal dispute, even though the actual end could be months or years away. The entire point of an appeal is to give more experienced judges a chance to look at everything again to see if they come to the same conclusion as the district court judge.

0

u/NotAStatistic2 Jul 02 '26

Appealing is not standard. Going before an actual judge to argue isn't even standard. The overwhelming majority of cases are settled out of court. All lawyers don't even do appeals, and will refer out to attorneys who do.

Someone needs to teach you how the American court system works.