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Somebody call VH1: "The Fine Bros" are trying to trademark "reaction videos"

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Another straightforward, level-headed breakdown from Foldable Human

Really good video. Outside of the React trademark, it really shows how not only the whole idea of React World will fail, but will show, that if they keep being hostile to everyone else that isn't under their umbrella, they will basically be working right up to a prison sentence.
 
That is some good shit. Great summary of everything that's wrong here.



I wouldn't hold your breath. :p

I'm sure they'd stop before then, but with what we know and they continue... yeah it won't be good.

Pretty sure they'll back peddle before they get in trouble with the law.

Considering how they haven't understood anything at this point as to why people are pissed... I don't know.
 

KingBroly

Banned
Part of me thinks that they had no idea what they were doing when they did this.

The other part of me thinks they do, but don't care.


Which is it? I dunno, probably a bit of both.
 

Skux

Member
Another straightforward, level-headed breakdown from Foldable Human

THIS is the single best video on the Fine Bros controversy.

I've made a summary:

1) The Fine Bros have no case when it comes to trademarking their format "people react to things", it is simply too broad and too shallow, and too close to the concept of "people react to things". You cannot trademark the concept "people react to things", the same way as you cannot trademark the concept of "reality TV singing competition".

2) The only thing unique about their videos is their branding, which they are perfectly okay to trademark and license. "Kids React!" with an exclamation point would be fine, but "Kids React" or "Elders React" are already popular phrases within the platform. Sounds okay so far, right?

3) Here's where it gets scary. React World has no mechanisms in place for quality control. It isn't like their Burger King example where a license owner has a certain expectation of service delivery. They are literally crowdsourcing the making of React videos to everyone.

4) With tens of thousands of React video channels signing up for free, none of them will ever be able to become reasonably profitable for the creator, however ALL of them will be monetised by Fine Bros Entertainment, taking a 30-50% cut of revenue. THIS IS A PYRAMID SCHEME.

5) And here's where it gets even scarier. Fine Bros will be able to leverage their influence to take down channels that are not part of their brand, forcing them to become part of the React brand (and forfeit a cut of their revenue), or being taken down completely. THIS IS RACKETEERING.

No one can defend the Fine Bros after seeing the true nature of their licensing plan. This isn't about enabling YouTubers to make money from the React brand, it's about creating a giant network of people to do the Fine Bros' work for them, and
 

PsychBat!

Banned
Concept and format are the same thing in this case. Because all they do is have a camera pointed at a person watching a video on a computer screen. That's all they do and that's the basis of ALL reaction videos ever. They do nothing to make the format different from the concept.

fuck em
fuck em from orbit, it's the only way to be sure
 
Not a chance in hell that they lose even 1% of their subs in a few days, but considering the rate at which they were gaining subs before I have no doubt they are worried.

Seeing their new numbers, I was wrong, they lost 1% of their subs in less that 24 hours since I made that post.

Holy. Shit.
 

PsychBat!

Banned
Not sure if it's been posted before but how about a reaction video from the fine bros about their first video? slightly nsfw

https://www.youtube.com/watch?v=mnBBMACMUec&feature=youtu.be

13slO8P.png
 

Peterpan

Member
What is more weird Trademarks only stand within the region they are registered in. Of course USA and Canada are grouped together, but if someone in Japan made a react video similar to theres, they would have no legal grounds, unless they Trademarked in every region which I doubt. Though YouTube's copyright system just seems useless so here we are.
 
I never had a problem with the react videos. I always found them fun, and the little kids were adorable. That said, this video definitely made me rethink watching these guys. It's the Fine Bros that's the problem.
 

Aiii

So not worth it
I have found at least four new channels to sub to through this threads reaction videos to React bullshit.

Thank you Finebros, for fucking up.
 

Nephtis

Member
Watching the subscriber count in realtime is just entertaining as hell. It's too bad they didn't think to create their own brand in a way that makes sense and is not stupidly vague.

Oh well, they decided to get greedy and this is the consequence. I don't feel too bad for them.
 
Well, there are multiple things going on. First is the franchising thing, which, whatever, they can license out their logos and so on if they want. Second is the trademarking thing, which leaving aside the issue of overreach given how long reaction videos have been a thing, might not in itself be a major problem if we didn't already have reason to suspect it's going to be abused.

Third, and worst, is the "format" thing. We don't know exactly what they consider their format--the most they give us is telling us to watch one of their reaction videos and it'll be obvious. So we're left to guess. We've seen from their past behavior that they consider something like Ellen's segment or the Buzzfeed video to be very similar to their shows (I've watched both, and the main similarity is the generic idea--multiple people from a particular group being shown something and describing their responses to it, with cuts between the interviewees). Obviously their twitter calls to arms don't mean anything legally, but it's strongly suggestive of their mindset and what they will try to do--they feel that they own the generic idea, not just their branding. In combination with the first two things, it's not pretty. Put all together, it looks to me as though they'll pressure smaller channels that run similar content to come under their banner, using their newly-acquired trademarks and Youtube's overeagerness to take things down as a blunt instrument. They don't even have to actually take down channels as long as they have the implied threat at their disposal.

Is that definitely what's going to happen? Am I perhaps being unfair here? Maybe. On the other hand, looking at the Seniors React thing, it kind of looks like they've already done something like that.

There's also all kinds of tertiary stuff around, like, the irony of them being so uptight about content when their whole model depends entirely on using other people's content, or them deleting comments, or just generally coming off as sleazy jerks, but that's less important. It wouldn't be a big deal if not for the above problems.

Protecting a format is really difficult, given the case law. If you Google "copyright TV show format," there's a nice PDF from Sheppard Mullin that goes through all the relevant cases. Basically you can argue copyright and you'll be shot down for scenes a faire, or you can argue trade dress and possibly win, but probably not. Going after similar formats is, imo, laughable in this case. I also think some of the tms are nonsense, too. Really curious how this all plays out.
 
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