Anybody who watches a truck load of YouTube videos will probably know who The Fine Brothers are. They're the creators of a bunch of react video series, such as Kids React and it's various offshoots. The videos themselves are fairly harmless, the content is there right on the tin; it's people reacting to popular or trending content. However, it's the recent actions of the Fine Bros themselves that have gained them severe notoriety on the internet, making them this weeks big bad guys.
But if we look at the situation a bit deeper, it's clear to see that YouTube as a platform for entertainment is a deeply unfair one, and bringing people like The Fine Bros down to earth is a smack-down that needs to happen everyone once in a while. So, read on if you want to see some hidden truths exposed and if you wanna find out how to help deliver the smackdown yourself!
Okay, so to explain the situation briefly, The Fine Bros have done some pretty sketchy things this week. First was the announcement of a 'React World' licensing service where you can licence the name and related attributes from popular Fine Bros videos for your own React video, in exchange for a 30-50% stake of all profits made off said video. The second was a number of trademarks for their series titles (Kids React, etc.) as well as for the solus word 'React'. Yes, in a move mirroring the stupid move made by Sony only last year, The Fine Bros are looking to trademark a singular word.
Below, you'll find the announcement video. In it, the Fine Bros give a very PR-spun take on their licensing scheme.
UPDATE: What you're actually watching is a mirror of the original video, because the Fine Bros took the original down. Read the update below to find out more.
Below, you'll find the announcement video. In it, the Fine Bros give a very PR-spun take on their licensing scheme.
UPDATE: What you're actually watching is a mirror of the original video, because the Fine Bros took the original down. Read the update below to find out more.
This started one of the biggest shitstorms in recent history. And rightfully so. The Fine Bros are essentially looking to monetise a number of other peoples content by getting hopeful creators to sign up to an exploitative network and hand over most of their profits in exchange for supposed publicity and guidance. Alongside this, the Fine Bros have been, and presumably would continue to enforce copyright takedowns on other react videos that don't join up to this proposed network. You may argue this is just conjecture, but a number of reports have shown that this has already been taking place, with the Fine Bros umbrella network FullScreen issuing DMCA Takedowns to people also creating their own reaction videos, most notable the complete wipe-out of the series 'Seniors React' taking place just prior to the launch og the Fine Bros own 'Elders React;
However, this is just a single facet of a growing problem in the YouTube space.
For starters, reaction channels are already a very shady practice. Fine Bros admittedly do appear to put time and effort into the production of their videos, which include professional sets, proper lighting, custom graphics, etc. Speaking as someone who does produce YouTube video on practically no budget, this does require effort. However, then you get YouTubers like Jinx, who is, for lack of a better phrase, a parasite. This guy takes full videos, overlays them of literally half of his footage, films himself watching them and then rounds up his 'reaction' with a sentence before ending the video. It's plain theft. Jinx steals a video, displays it in it's entirety, looks at it and then goes "Well that was a video, hope I get sick ad revenue off this!".
However, this is just a single facet of a growing problem in the YouTube space.
For starters, reaction channels are already a very shady practice. Fine Bros admittedly do appear to put time and effort into the production of their videos, which include professional sets, proper lighting, custom graphics, etc. Speaking as someone who does produce YouTube video on practically no budget, this does require effort. However, then you get YouTubers like Jinx, who is, for lack of a better phrase, a parasite. This guy takes full videos, overlays them of literally half of his footage, films himself watching them and then rounds up his 'reaction' with a sentence before ending the video. It's plain theft. Jinx steals a video, displays it in it's entirety, looks at it and then goes "Well that was a video, hope I get sick ad revenue off this!".
Image Credit: tubefilter.com
And yet hundred of thousands of people watch him! Jinx steals hundred of thousands of views from originally created content on a daily goddamn basis! YouTuber GradeAUnderA has done a way better job of laying out exactly why this is such a problem in his own video, which we urge you watch. Jinx is, plain and simple, a thief. But Jinx is an extremity of the problem, and has only a fraction of the subscribers that the Fine Bros have. Also, Jinx isn't trying to create a literal racketeering ring and a stranglehold over a singular genre.
So, whilst The Fine Bros are not guilty of stealing content, as they do selectively cut and show parts of the videos they react to (Which would fall under Fair Use, which is a whole other article for another day, he promised vaugely). But at the same time, they have used their clout with YouTube to issue unjust takedowns to potential competitors, as well as tried to sneak a number of trademarks past their audience in order to curb the market and make more dollar dollar bills y'all. In short, the Fines are hypocrites and a couple of sneaky bastards.
So, whilst The Fine Bros are not guilty of stealing content, as they do selectively cut and show parts of the videos they react to (Which would fall under Fair Use, which is a whole other article for another day, he promised vaugely). But at the same time, they have used their clout with YouTube to issue unjust takedowns to potential competitors, as well as tried to sneak a number of trademarks past their audience in order to curb the market and make more dollar dollar bills y'all. In short, the Fines are hypocrites and a couple of sneaky bastards.
Image Credit: bbc.co.uk
So onto the actual meat of this controversy, the trademarking of the word 'React', which as of right now, is an in-effect trademark. Holy shit. What a mess this is.
As it turns out, The Fine Bros currently do hold an uncontested trademark to the terms 'Kids React', 'Teens React' and 'Elders React' for the purposes of, and I directly quote from their trademark: "Entertainment services, namely, providing an on-going series of programs and webisodes via the internet in the field of observing and interviewing [the aforementioned groups of people]". However, this is now being applied to the very broad word or title of 'React'. And that is a huge problem.
React videos, for better or worse, are quite popular. So, it may actually benefit smaller YouTubers and people just starting out to create this kind of content. However, with this trademark and The Fine Bros shady licensing scheme, this gives the pair the power to eliminate competition under false plagiarism and theft claims. It has happened, they have done it and you would be silly to think it they wouldn't do it again.
As it turns out, The Fine Bros currently do hold an uncontested trademark to the terms 'Kids React', 'Teens React' and 'Elders React' for the purposes of, and I directly quote from their trademark: "Entertainment services, namely, providing an on-going series of programs and webisodes via the internet in the field of observing and interviewing [the aforementioned groups of people]". However, this is now being applied to the very broad word or title of 'React'. And that is a huge problem.
React videos, for better or worse, are quite popular. So, it may actually benefit smaller YouTubers and people just starting out to create this kind of content. However, with this trademark and The Fine Bros shady licensing scheme, this gives the pair the power to eliminate competition under false plagiarism and theft claims. It has happened, they have done it and you would be silly to think it they wouldn't do it again.
Image Credit: bbc.co.uk
What is beyond me, though, is why the Fines thought this was a good move. Look at the hate that King got when they copyrighted 'Saga' and tried to copy right 'Candy', as well as Sony trying to trademark 'Let's Play'. The Fine Bros are claiming that their 'format' is what's being protected by the trademark, but the fact is that their 'format' is very hard to actually define; something which the Fines have actually failed to do so far. The format of a reaction videos is so vague that the Fines could stand to have a final decision on whether things infringe on their 'format' regardless of whether an opposing video is even remotely similar to one of theirs. And that is a scary thought.
Let's say hypothetically, imagine if PewDiePie, the most popular YouTuber ever, tried to trademark the lets play and he make it so that he was the only person making lets play videos, regardless of what other let's players are doing differently. That would piss off so many people and effectively kill off the genre. Because that's exactly what both of these things are; genres. The Fine Brothers did not create reaction videos to begin with, and now they want to lay a claim to them? It's so many levels of messed up. Star Wars popularised sci-fi, but it doesn't own sci-fi. The Angry Video Game Nerd popularised comedy reviews, but he doesn't own them. Because, strictly speaking, this should be an impossible thing to do. A genre is not a copyrightable thing... or so we thought.
The fact is, YouTube's automated Content ID system, the Fines heavy standing in the YouTube space and now it's legal and trademark meddling actually makes this kind of action a very possible outcome. This means that as soon as somebody becomes popular enough to afford legal consult, they could essentially kill off and lock out their completion, therefore stifling creativity. The Fines move is so anti-creator it's unreal. It's clear that they just want to curb the market and not have anyone dare to encroach on their reacting territory so that the money that can be made off this kind of content is all theirs. Unless they could also find a way to monetise the competition, of course...
Enter React World.
UPDATE: The video below is another re-upload. See further below for details.
Let's say hypothetically, imagine if PewDiePie, the most popular YouTuber ever, tried to trademark the lets play and he make it so that he was the only person making lets play videos, regardless of what other let's players are doing differently. That would piss off so many people and effectively kill off the genre. Because that's exactly what both of these things are; genres. The Fine Brothers did not create reaction videos to begin with, and now they want to lay a claim to them? It's so many levels of messed up. Star Wars popularised sci-fi, but it doesn't own sci-fi. The Angry Video Game Nerd popularised comedy reviews, but he doesn't own them. Because, strictly speaking, this should be an impossible thing to do. A genre is not a copyrightable thing... or so we thought.
The fact is, YouTube's automated Content ID system, the Fines heavy standing in the YouTube space and now it's legal and trademark meddling actually makes this kind of action a very possible outcome. This means that as soon as somebody becomes popular enough to afford legal consult, they could essentially kill off and lock out their completion, therefore stifling creativity. The Fines move is so anti-creator it's unreal. It's clear that they just want to curb the market and not have anyone dare to encroach on their reacting territory so that the money that can be made off this kind of content is all theirs. Unless they could also find a way to monetise the competition, of course...
Enter React World.
UPDATE: The video below is another re-upload. See further below for details.
The idea behind React World is to expand the demographics available for React Videos. Imagine something like Midlanders React or Canadians React, or another equally vapid series concept. Well, since The Fines now own the trademarks to several React titles, including just 'React', joining React World is pretty much the only way to create this content without fear of a lawsuit! And it will only cost you up to half of your potential earnings... but hey, they give you free advice and graphics! So it's totally not a scalp!
The Fines have essentially created a racket. Either you join their React World and lose half your money or you don't join and you face losing your money, your content or your entire channel. This is why people are mad. Not only because this is a straight up evil practice and one that the entire internet has blown open and rightfully exposed, but because the YouTube system has become broken enough to allow this to happen.
An animator can spend months working on a single cartoon, then a reaction channel can make a video showing it in its entirety with non-existent commentary. And that's fine. But God forbid you get inspired by the reactor and think "Gee, this looks easy! I could do reacting! I'll create my own channel and try and make my own react videos!". Because as soon as you upload that video, people like the Fine Bros will swoop in and take your video down and take your potential profits like a vulture.
Below is a video from Doug Walker, who talks more candidly about YouTube's broken copyright system.
The Fines have essentially created a racket. Either you join their React World and lose half your money or you don't join and you face losing your money, your content or your entire channel. This is why people are mad. Not only because this is a straight up evil practice and one that the entire internet has blown open and rightfully exposed, but because the YouTube system has become broken enough to allow this to happen.
An animator can spend months working on a single cartoon, then a reaction channel can make a video showing it in its entirety with non-existent commentary. And that's fine. But God forbid you get inspired by the reactor and think "Gee, this looks easy! I could do reacting! I'll create my own channel and try and make my own react videos!". Because as soon as you upload that video, people like the Fine Bros will swoop in and take your video down and take your potential profits like a vulture.
Below is a video from Doug Walker, who talks more candidly about YouTube's broken copyright system.
The Fine Bros deserve everything that is coming their way, 100%. But this isn't the main issue here; The main issue is that YouTube is a broken platform. It's allowing people who create engaging, full content under fair use to get slammed by cease and desists and DMCA takedowns or even lawsuits, whilst content thieves and genre monopolies alike can continue to get away with taking other peoples content without legal action and continue to abuse the automated system to take out their competition and their critics. And it's the larger companies like Warner Bros and YouTube big hitters like the Fines who are the ones doing this. And YouTube is okay with this, because regardless, YouTube will continue to turn a profit by appeasing these creators and studios with adverts.
And the only reason this continues is because YouTube is just simply uncontested in its popularity. Sites like DailyMotion, Blip and Vimeo do exists, but are nowhere near as popular as YouTube. There are simply more opportunities to succeed with YouTube compared to any other video hosting site. That's why people have to fight against unfair and unjust actions when they come up. So, wanna help?
And the only reason this continues is because YouTube is just simply uncontested in its popularity. Sites like DailyMotion, Blip and Vimeo do exists, but are nowhere near as popular as YouTube. There are simply more opportunities to succeed with YouTube compared to any other video hosting site. That's why people have to fight against unfair and unjust actions when they come up. So, wanna help?
Image Credit: global.fncstatic.com
One way to fight against people like the Fines is to simply unsubscribe. Cut off their views and you end the beast. Then again, YouTube is a big space full of stupid people, so this may not always be successful. You can, of course, be a real piece of shit and hassle the creators at thier address, which I'm not saying you should do. But the thing about filing trademarks is that they become a public domain thing, so literally anybody can look up the patent or trademark number and see the personal details of the people who filed it. I'm just saying. You wanna be a dick about it, the onus is on you.
However, the best thing to do to show your disdain and cut the lifeforce of over zealous creators is to contact their sponsors. Internet-based companies like LootCrate have been known to use YouTubers like Screen Junkies, The Completionist and JacksFilms for promotional material. Basically, they fund the creators production budgets and make their return by offering discounted services and deals, driving their user-base and profits up. It's a real win-win. However, when larger, more established and traditional companies get involved, they won't exactly want to be associated with people who are universally hated. So, recently the Fine Bros took part in a brand deal with streaming giants Netflix. And the thing about Netflix is that they have a Facebook, Twitter, email and support service that you can contact to make complaints. Enough complaints and the sponsor will likely pull the plug on their deal. If a creator can't afford to make the product, that product dies. Explore that avenue if you wish.
However, the best thing to do to show your disdain and cut the lifeforce of over zealous creators is to contact their sponsors. Internet-based companies like LootCrate have been known to use YouTubers like Screen Junkies, The Completionist and JacksFilms for promotional material. Basically, they fund the creators production budgets and make their return by offering discounted services and deals, driving their user-base and profits up. It's a real win-win. However, when larger, more established and traditional companies get involved, they won't exactly want to be associated with people who are universally hated. So, recently the Fine Bros took part in a brand deal with streaming giants Netflix. And the thing about Netflix is that they have a Facebook, Twitter, email and support service that you can contact to make complaints. Enough complaints and the sponsor will likely pull the plug on their deal. If a creator can't afford to make the product, that product dies. Explore that avenue if you wish.
Image Credit: youtube.com/psychicpebbles
DRAMATIC UPDATE: As of today (2nd Feb 2016), The Fine Bros have pulled ALL existing and pending trademark claims, and cancelled their React World program.
But this doesn't entirely solve the problem, does it? I mean, the Fines already managed to sneak the trademarks for Kids, Teens and Elders React past us, so what's to stop them from doing it again in the past? And what's to stop them from their continued efforts to destroy smaller creators? We know first hand from an ex employee that these malicious and ruthless motives are 100% intended, so they may not stop even now. Alongside that, the Fines have attempted to silence any criticism of them, shutting videos down and deleting comments on their Facebook in a poorly veiled attempt to save face. They even pulled down their original React World and Update videos in a vain hope that we'd forget it ever happened. And then, they published this non-apology statement, which reads more like a child having a temper tantrum, crying pathetically and then falling asleep out of exhaustion. Inexplicably, they have become the very embodiment of the censorship they most likely originally opposed. The Fine Bros are a real nasty piece of work that got wonderfully exposed. With any luck, they take a huge hit financially and hopefully learn some humility from this whole situation. But this corruption does not end with the Fines.
Regardless, YouTube is still broken. It still works off an automated system that serves only to benefit the select few; movie studios, record labels, the elitist of the elite users and of course YouTube itself. From a platform that generates so much revenue, the systems put in place to protect content actually ends up harming the creators themselves, often acting independently from the companies who would rather appreciate the exposure of their content than the immediate and brutal take-down and monetisation of critical and comment content. It's an unfortunately flawed system that simply serves to make the rich richer. As long as people like Jinx and the Fine Bros are still able to continue the practices that they have undertaken, and as long as real creators like Doug Walker continue to have problems with their careers on this service, YouTube will continue spiral forever downward until a viable competitor kills the platform entirely. Until then, the corporate slant of YouTube will plague the community and force it to tear itself apart when a creator gets greedy and tries to follow suit with the entertainment industry's exploitative practices. In short, money continues to be the root of all evil.
There we have it, then. YouTube is evil, money is evil and the Fine Bros deserve every lost subscriber they get. In the meantime, you could always sign up to Foul World, where you too can make your own You Never Asked videos and we can take your money! By the way, don't ever try and make a Q&A video ever again, because we trademarked 'ask' and all of it's derivatives. See you in court. No need to thank us, world.
Regardless, YouTube is still broken. It still works off an automated system that serves only to benefit the select few; movie studios, record labels, the elitist of the elite users and of course YouTube itself. From a platform that generates so much revenue, the systems put in place to protect content actually ends up harming the creators themselves, often acting independently from the companies who would rather appreciate the exposure of their content than the immediate and brutal take-down and monetisation of critical and comment content. It's an unfortunately flawed system that simply serves to make the rich richer. As long as people like Jinx and the Fine Bros are still able to continue the practices that they have undertaken, and as long as real creators like Doug Walker continue to have problems with their careers on this service, YouTube will continue spiral forever downward until a viable competitor kills the platform entirely. Until then, the corporate slant of YouTube will plague the community and force it to tear itself apart when a creator gets greedy and tries to follow suit with the entertainment industry's exploitative practices. In short, money continues to be the root of all evil.
There we have it, then. YouTube is evil, money is evil and the Fine Bros deserve every lost subscriber they get. In the meantime, you could always sign up to Foul World, where you too can make your own You Never Asked videos and we can take your money! By the way, don't ever try and make a Q&A video ever again, because we trademarked 'ask' and all of it's derivatives. See you in court. No need to thank us, world.
By Mike Owen
@ThatMikeOwen
The Editor in Chief of Foul Entertainment, Mike edits most of what you see on the site. He runs the production of our podcasts, and currently pens Pop Culture Club and The Death of Video Games.
@ThatMikeOwen
The Editor in Chief of Foul Entertainment, Mike edits most of what you see on the site. He runs the production of our podcasts, and currently pens Pop Culture Club and The Death of Video Games.