Getting Sued For $10 Million Over Youtube Videos… THIS IS PURE INSANITY!

‘Sup, you beautiful bastards hope you’re having a fantastic Wednesday Welcome back to the Philip Defranco show and lets just jump into it and the first thing I wanna talk about today is huge news for commentators, Youtubers, and critics If you’re not in the video gamers views or, I mean, the Internet’s just a huge place so you may have never heard of’em but lets talk about YouTube critic, Jim Sterling. Jim was in the news for the past year because he was being sued for 10+ million dollars by a game developer and that game developer was Digital Homicide and the reason they were suing Sterling stemmed from a video Jim put out called “SLAUGHTERING GROUNDS”, that being their game, “New ‘Worst Game of 2014’ Contender”. And don’t worry I’ll be sure to include a link to that video in the description down below So Jim bashes the game He calls it an absolute failure At one point in the video he implies that “Digital Homicide was selling an original game composed of unoriginal materials, or ‘asset flipping'” Digital Homicide then accused Sterling of playing the game wrong on purpose as a way to entertain fans. Then they filed a DMCA take down of that video, and they explained the reasoning for this, “We find the usage of the terms ‘Worst Game of 2014 Contender!” “and ‘Absolute Failure'” “to describe the entirety of our product while not actually evaluating it in its entirety unfair” “and unreasonable use of our copyright material” So the video went down, Sterling appealed, and the video went back up. And so after that, the law got involved. The developer filed a lawsuit against Sterling, accusing him of assault, libel, and slander in Arizona district court; they pursued a sum of over 10 million dollars AND, “Apologies in place of every offending article and video for a period of no less than 5 years.” Also, fun side note, separately from this, Digital Homicide *chuckle* Oh my God Digital Homicide later sued one hundred Steam users for negative reviews (=_=) (they sued) because they were being rushed (?) with negative reviews but they did it for the sum of 18 million dollars (ノ ̄□ ̄)ノ ~$$$ And in response to that, Valve booted Digital Homicides games off of Steam. And, well, the news today is that the developer and Jim Sterling have reached an agreement to dismiss the case. And while there is a positive in this agreement that Jim Sterling doesn’t have to deal with the stress of being involved in a lawsuit, Part of the agreement says that the “plaintiff agrees to forever refrain from directly or indirectly filing against [the] Defendant,” So at least, with this developer, it seems like the book is closed for Jim. The big thing that stood out to me in this document was, “each party to bear its own costs and attorneys’ fees.” Who knows how much money this cost Jim Sterling to defend himself from what, to me, seems like a ridiculous claim. And when I look at this whole story I feel a few things, 1) I-I’m happy that this went Jim’s way. Not only because I’m happy to see that a fellow creator wasn’t sued for 10 million dollars successfully Most likely ruining him This would have set a horrible precedent for anyone that does commentary, does a critique. And I look at the developer and I ask, “Was it really worth it?” How much money did you waster in the pursuit of this lawsuit on a video that *incredulous* i-it, TODAY, only has 327,000 views but then the follow up videos that explain what you were putting Sterling through, had 477 thousand, a video with over 700 thousand views, and over 2.4 million views. And that’s not even counting the collective millions of people that saw other places reporting this story and we can just add this story to the ever growing list of someone trying to shut something down, something negative, against them, or about them, and all they did was supercharge it. And to me this final result is a huge win for freedom of speech, but do not think this is anywhere near the end of the road; this road does not end. Whether it be people like Jim Sterling, or Ethan from h3h3, or any others we need to be there for each other as a community. And the reason for that: I’ll repeat something I said w-when we, we raised all that money for Ethan because they were being sued we have to be there for each other when things get real If you look at the business model for most everyday Youtubers, they cannot properly defend themselves for a long time. Youtubers, creators, we can be ruined by the right big guy going for us at the wrong time. But when we join together to get the word out, to raise funds, to do anything together, we are so, so powerful. So, YES it’s a win, but get ready for next time. Next time is coming, it’s just a matter of when. ┗(`皿´)┛ But! A question I do wanna pass on to you is, do you think we are going to see an influx of-of developers, of-of people SUING Youtubers Or as we see more ‘n more cases of people like Jim’s Where he has not gotten that dismissed Where you have Ethan’s where the Youtube community comes together Do you feel like they’re gonna go, “Nah, not gonna be worth the time.” I know I have my opinions on this, but I’d love to know what you’re thinking. And from there I wanna share some stuff I love today, and today in awesome, sponsored by Squarespace, of course, a fantastic all-in-one platform if you want to make a beautiful website Nothing to install, patch, update EVER. It’s intuitive and easy to use, they have award winning 24/7 customer service. And if you wanna start your free trial go to, and if you really like it use coupon code, PHIL, for your first purchase. And the first bit of awesome is the Honest Trailer for the Oscar movies this year Fantastic series, fantastic video Then, Netflix revealed a little featurette for Iron Fist And I gotta say, I just get more and more excited the more I see of this. Then we got a trailer for an HBO documentary about the Rock working with and talking to young felons who go through a six month program where drill sergeants drive them to gain discipline and work ethic. This, so they don’t return to prison, which is a huge problem in this country in general. But last time I checked, in general the recidivism rate that, that being the felon returning to-to prison at a later time I believe in our country it is over 70%, but they advertise that through this boot camp they have lowered the rate for the people involved in it to 9%. So very fascinating to me; I’m excited to see it, but I’m also a fanboy! If it has the Rock in it, I’m gonna watch it. ┐(´∀`)┌ And if you wanna see the full versions of everything I just shared, the secret link of the day, anything I talk about today links, as always, are in the description down below. Then, let’s do a bunch of smaller stories; some people said they miss quickie news, they appreciate the deeper dives I’ve done over the past year, “but Phil! What about the quickie news? ( ͡° ͜ʖ ͡°)” So, let’s take a swing! The first bit of news is about Harrison Ford You might’ve hear that he was almost in a plane accident on February 13th. It was initially reported by some outlets that he was in a plane crash, but it turns out it was a near miss or, uh, for the great George Carlon, we’ll call it a near hit, ’cause that’s really what it was. So that happened on the thirteenth, but the reason everyone’s talking about it today is because footage has now been released of that near hit, and the footage is not riveting. ~(。☉︵ ಠ@)>Also, last I checked the FAA was still looking into this incident. Because this happened a lot of people have said, “Maybe Harrison Ford shouldn’t fly anymore” You have this incident, of course you have his emergency landing slash crash back in 2015 You might remember those pictures of the plane on the golf course, Harrison Ford broke his arm. And to that I say, “Nah.” It’s two times in about two years. I’m not saying it should be the standard, but I’m just saying Malaysia Airlines lost an airplane and had one shot down from the sky in one year Not even one year, in less than five months And they are an airline that is still open for business today; you can get a ticket. How about this as a compromise: if Blade Runner 2049 sucks, THEN we don’t allow him to fly planes anymore. OR, and I’m sorry if this is dark for some people, do we only let Harrison Ford fly places so that he, uh, can’t damage the Indiana Jones franchise any more than the fourth movie did. Then in Quickie Tech News, Instagram launched a brand new feature for all users. You can now post photo albums that show up as carousel posts And it’s simple enough, you just make sure you have the newest version of Instagram, you go to post a picture like normal, you tap select multiple; you can pick up to ten picture, and boom. It’s simple and I’m a fan of this feature. It allows people to tell stories without actually having to go into stories. It will also, hopefully, stop people from drunkenly spamming my feed with every amazing picture from this amazing night! ヾ(〃^∇^)ノ♪ “I’m gonna treat Instagram like Facebook and post ten things at the same time!” “One at a fucking time! ( ̄▽+ ̄*)” Now you have no excuse to do that, stop being an idiot. Then, in a story people are only talking about because they can use this woman as their thumbnail, Christen Marie McAllister, a beauty pageant contestant, Oh my ( ̄ω ̄) was reportedly charged with one account of first degree arson for setting her roommate’s bed on fire after an argument. I love this story because there’s so many places that are talking about it, there’s like five lines, and then here’s an eighteen picture gallery (*/∀*) I get it, she’s attractive; 2013 Philip Defranco? She would’ve been front and center as my thumbnail There’s no lesson here; the headline should be like, “Attractive Person Does Crazy Thing? (You Won’t Believe What Happens Next!)” (╬⁽⁽ ⁰ ⁾⁾ Д ⁽⁽ ⁰ ⁾⁾) Yes, crazy doesn’t have a set look! Also, to all the people who are like, “How do you know she’s crazy?” She set a bed on fire in a fight. Unless her roommate was yelling at her, “Christen, why don’t you ever set bed on fire?” And then she was like, “Fine, I’ll finally do it.” Unless it’s that situation, that’s crazy. Crazy doesn’t have a set look. In fact, I would say it is far more LIKELY that you could have a crazy woman not because women are ‘more inclined to do crazy things’, but because all the men that want to sleep with Christen and people who are attractive, will just excuse the crazy in the pursuit of the prize. And then you have all that untamed crazy, and of course it’s gonna go off at some point. I guess the main point of this story is never be surprised by people. I think that on some level everyone’s a little bit crazy, and it also just varies how well someone hides it. Then, in Really Cool Space News: NASA announced today that they have found seven Earth sized planets orbiting a nearby star. They say three of those planets are in the habitable zone. So, awesome! Something you wanna share on Facebook and be like, “Man, it blows your mind!” But, let’s go into what this actually means. So, one: When we say nearby star, what are we talking about? Well, star is forty light years away, that being around 235 trillion miles. So, y’know, nearby on the cosmic scale. Also, while they say seven Earth size planets, three that might be in the habitable zone, the star that they call Trappist I is different than our sun. The star is what astronomers call an ultra cool dwarf. ┌(▀Ĺ̯ ▀-͠ )┐ And that is incredibly inappropriate. But what that means, is that this star is 1/12 the mass of our star and the temperature of that star is 4,150°F whereas our sun is 10,000°F. So since the star is so much smaller and so much cooler, that also means the seven planets are much closer than our Earth is to our sun. Astronomers are saying that if they place this system into our solar system, all seven planets would lie within the orbit of Mercury and they would circle the star extremely fast. To give you a comparison if you don’t know why we have years: it takes our planet roughly 365 days to orbit the sun, whereas the innermost of these seven planets rotates in 1.5 days and the furthest out in just around 20. So overall, at least for me, very interesting news. Unless we hit another technological spike, this isn’t going to be anything that affects us in our lifetimes. Astronomers even say that we’re going to need decades of technological advances to verify certain things on these planets that we have to kind of guess now. Well, that and the figuring out how to transport organic life, a human person, at the speed of light. Even then it’s gonna take 40 years. That is unless we develop some sort of travel technology that allow us to go through wormholes or blackholes À la Intersteller or Event Horizon. But who knows what’s going to happen in the future The only thing that is for sure is, given enough time, we are going to kill ourselves on this planet, or, at the very least, life will end here because the sun’s going to continue to expand and then die. But that’s not gonna happen until another four or five billion years, so most likely the “we’re all going to kill ourselves” The main point: very awesome story. Also, if you are really into this, NASA has an official website about this, highly recommend it. And the last thing I wanna talk about today is the story that initially popped up two days ago. There was a story that vandals damaged dozens, over a hundred headstones at an historic Jewish cemetery. Footage came out from this showing headstones toppled over, and it was really just disgusting. But, in the following days, we saw something beautiful. We saw this community from near St. Louis and others from outside of it, coming together to clean up and help repair. And on top of the people that showed up, people also started raising money online. One of the fundraisers that really stood out to me was one called, “Muslims Unite to Repair Jewish Cemetery”. They set the fundraising goal for $20,000 and they said, “The Muslim-American community extends our hands to help rebuild this sacred space where Jewish American families have laid their loved ones to rest since the late 1800’s. On the heels of bomb threats and hate crimes against dozens of Jewish community center’s across the United States, Muslim Americans stand in solidarity with the Jewish American community to condemn this horrific act of desecration. We also extend our deep condolences to all those who have been affected and to the Jewish community at large.” Adding, “Through this campaign, we hope to send a united message from the Jewish and Muslim communities that there is no place for this type of hate, desecration, and violence in America.” What started as an initial goal of $20,000 has, as of recording this video, surpassed $84,000 We had people of different backgrounds, many of which had thought to not like the other one, coming together. In fact, coming together so fast that some reports from the site that was taking donations crashed under the server load. And I found this story so beautiful. I wanted to, to end on something that started as a horrible thing and showed us coming together. Whether you’re religious or not, whether you see people as all having souls, or you just see us as these, these human beings; you think nothing happens when it all ends. That’s something, the life, unites all of us. The fact that we are going to lose it, and hopefully you have the belief that we are all born equal. That no matter our differences, our stumbles along the way, that we never lose sight that the other person is human. And even though I’m not religious, I very much believe in treating others how you would want to be treated. How you would hope to be treated. So I really wanted to embrace this silver lining. I mean, I do have this belief that when someone doesn’t have to do something, or it’s in the shadow of something horrible that has happened, that’s when we often see the best of humanity, of people stripping away our differences and realizing we’re all the same. So, that’s where I’m gonna end today’s show. And of course this is a show, but it’s also more than that; it’s a conversation. Lemme know what you think about this story, the first story, anything at all; I’d love to know your thoughts today. And remember, if you liked this video, if you like what I do on this channel, hit that like button. If you’re new here hit that subscribe button, also welcome to the tens of thousands of you who have subscribed and joined the fam in the past week, hope you’re digging these daily ‘dventures into the world. Also, for those who missed yesterday’s Philip Defranco show and you wanna catch up, you can click or tap right there to watch that. If you wanna see today’s brand new vlog, you can click or tap to watch that, but that said of course, as always: My name is Philip Defranco, you’ve just been filled in, I love yo’ faces and I’ll see you tomorrow. (ノ^∇^)

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100 thoughts on “Getting Sued For $10 Million Over Youtube Videos… THIS IS PURE INSANITY!

  1. The funny thinkg is, they claimed he didn't play the game probably, then It was a first impression video.

  2. Oh I know a really good Earth like panel, but it's needs fixing, it's called Earth, apparently we live on it with 3 maniacs crazy about nukes.

  3. I absolutely love your ending story, it was beautiful and I'm so happy I watched this episode. Keep up the great stuff!!

  4. im glad you did something h3h3 otherwise i would never have found you. you are my new fav youtube franco. thanks for the content man 🙂

  5. I ask myself if Sterling have ever had fun playing videogames, cause he bashes on everything he touches.

  6. Just started watching your vlogs about 10 days ago. I thoroughly enjoy them and now watch everyday. I might make vids on my YouTube Channel discussing current events and major news that happened during the week on my "Aloha Fridays" motovlogs. Keep up the great work! 🙂

  7. Digital Homicide is a bad "company" they are way out of line with this case but Jim Sterling is an asshole and deserve every bit of hard time he gets.

  8. Phil, how credible is NASA when all they do is vaporize money telling us about shit we can't see in our lifetimes?
    An imagination is a terrible thing to waste…

  9. Always amused about the modern Academics talking about "habitable zone".like earth's large EM field deflecting the 4000f-7000f solar wind (seen as northern and southern lights where EM field buckles) that would blow away our atmoshere and liquid water if there was no EM field has nothing to do with it…….."habitable zone" my ass .Mars old atmosphere and bulk of its water got blown got blown away when Mars EM field collapsed and Solar wind slowly rips offVenus and Mars co2 based atmosphere

  10. you know this is why youtube has to clarify things, that they will not allow people to strike a video, simply because the review is not a positive outcome.

    the second thing, how the hell did this even last in court. it obviously falls under fair use. i am glad tho that steam took measures.

  11. stupid developer , im never going to buy anything from a dev that sues you if you dare to say something bad about their game

  12. what? you want to ground Han Solo?!?
    Who's gonna make the Kessel Run in less than 12 Parsecs?!?
    Never gonna buy a Digital Suicide game, even if it's 50x better than Halo and CoD combined and comes with 50 free blow jobs.

  13. Can't stand Jim Sterling's content, but he definitely has the right to his opinions and to post them in a public forum like Youtube. His audience should be free to view his content. Can't think of a way to defend the developer.

  14. But this is why you aren't really "creators". You guys are small nothings in the YT corporate world. You have and always been used by YT to get them profit. Turning a camera ON and recording, isn't really "creating". Enjoy the ride until it comes to an end, and it will come to an end.

  15. Sooooo… They can't make money off their sucky game so they decide to sue their critics for exercising their free speech rights…LMAO!

  16. How can you sue someone for not liking your game? Shouldn't the case have been dismissed as a frivolous law suit, especially after Steam booted them off their site? It points to the malaise of the modern world, not been able to grow up and accept responsibility. You want to produce a hit game that everyone likes, instead you produce a shit game that everyone hates, do you A.Suck it up and try harder next time, or B.Go round telling everyone they are playing it wrong and sue the bastards?

  17. I'm really trying to become a YouTuber but I need content ideas… I'll do anything as long as it's fun and gives people a laugh! thanks for the inspiration Philip!!!

  18. Personally, I think that the human race has destroyed this planet. If everyone was a bit more conscious of what's going on around us then there wouldn't be a reason to move to a whole other planet. But that's a bit idealistic

  19. All "worse game"s tend to get a cult following. All news is good news, the trick is to raise some kind of noise. This just seems a farce( or clever marketing).

  20. the problem is that he was doing a review to earn income…, if he did it and never earned money, then its ok…

    but the real question everyone should ask is; did he lie in the video? that is libel, if he gave his opinion then there is no case

  21. Similar story, a Mod maker sued a Mod reviewer. Over a review of a Mod (for the game Skyrim.)

  22. If Trump gets his way in scaling back libel laws then anyone could sue anyone for just about anything. I could be sued even for stating this.

  23. thanks for covering this lawsuit, i love the jimquisition and this story needs to be seen by everyone. half ass developers who pump out barely finished games dozens per month don't deserve anyones respect or support, and jim is actually a content creator not a hack like the people who tried to sue him

  24. Wanna guess how many people must have bought the game from its negative publicity? lol

  25. As far as Im concerned no one person needs that much money, especially when we have trade issues (such as famine, or poverty ( I call these trade issues because they are directly affected by the trade of money))

    in this case its a coward scared of negative reviews.

  26. once there was the option to block youtube users, and i blocked this idiot "sexxxphil", and now he is in my recommend list!? WTF???

  27. kool, but you all are human, but you all exclude others in in that definition, when will you all change that and include others? human: homosapien male. homosapien female.
    self centered just a bit?
    just sayin it make us "other" folks feel less. there is a difference and you all made it. but it is nice to see you all "trying" to get a long.

  28. Transit one isn't habitable, the planets are too close, so the EM radiation has likely stripped the atmosphere.

  29. Big corporations have always used lawsuits to take out competitors and critics, alike, as the consolidated larger war-chests of assets, I think we can expect to see more of this. Either that or they'll just buy YouTube and shut their critics down.

  30. Fact is that in the end, Digital Homicide didn't have a case. You can't sue somebody for giving a bad review of your product regardless of how powerful or influential that person is. Unless you can prove that they deliberately did so out of malice or a desire to extort money. And that can be really hard to prove.

  31. We here on YT are the new entertainment industry, and we need to take ourselves, and this platform seriously, in order for everything to work the way we want it to, we have have to be responsible for what we put out and what we say.

  32. Criticizing something and hating on something are two different things so anyone comparing the two are the dumbest fucking human beings on this planet if not the whole universe.

  33. And on a more important note; I just cut the cheese and the fumes were so horrid they would bring tears to a glass eye.

  34. you know jack fuck about the gaming community so you make a video on the gaming community….get fucked and stick to your SJW fucking videos you talentless hack.

  35. So nice to see All Americans coming together and getting along as humans and putting differences aside for something positive. GOOD shit Phil.

  36. YouTube is broken. It sucks that it has come to this. We need another place we can post our stuff. Where is the competition here? Thanks Philip you rock buddy.

  37. What's the point of the last story? Sure, there are peaceful and considerate Muslims. There are also peaceful and considerate members of the KKK. The bottom line is that Islam is the most toxic religion that has ever existed. Christianity comes in at a distant second. Muslim ideology has unleashed hell on innocent people for centuries and continues to do so today. At least Christians have chilled out for more than a century now.

  38. What might be the ultimate slap of irony for Digital Homicide is that in an effort to take down a negative review off of YouTube to keep people from viewing their product or their company negatively, the DMCA and lawsuit likely led to corporate suicide for the company. By filing a DMCA takedown and then filing a lawsuit, they are going to be viewed more negatively than if they would have just sat back and took it on the chin.

    Seriously Digital Homicide legal team, how fucking stupid could you be? You obviously grossly underestimated the power of the Internet. I'm not usually one to wish ill will on people or companies, but I almost hope your whole company goes under just because of its complete lack of competent leadership. Of course, I would feel bad for the developers who had no input on these decisions, but hopefully they would find a better place to work.

  39. You know the gaming world’s fucked when a video game developer throws a hissy fit over people voicing dislike over its game. Pretty freaking sad. No wonder nobody’s heard of “Digital Homicide” before.

  40. Have you seen the channel SWOOP ( #SWOOP ) asking for creator support and your help because her channel was killed by the YouTube algorithm and YouTube will not help her! You can't even find her channel on search SWOOP TV, and every video gets 0 views and there's over 600,000 subscribers!! She made a new channel SWOOP. The first video is how I lost 600,000 subscribers overnight.

  41. Seems like you surrendered the fight when it came to Infowars.

    Are you serving yourself here or the freespeach community?

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