Legal Mindset’s Lawsuit Analysis Of TheQuartering And What It Means

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[00:00:00]is I want to be very clear on this. All right, this is just a reaction to what's going on with the YouTube landscape. So, for those of you who are not in the know, there is a big fight happening in social media. So, let's go ahead and address it.

[00:00:16]All right, it looks like YouTube is going to be in a very interesting spot here. And I'm only saying this because I'm giving commentary, perspective, and analysis on what I think will be a very earthshattering moment in this sphere of YouTube. And this impacts especially to my colleagues in the independent media sphere. You guys should uh clean open your ears and listen very carefully about this because this will affect us in some form way or another. But we all may not know or some of you may not know Jeremy Handling also going by the name The Quartering and he is under a lawsuit threat. Now again there's a lot of allegations and I'm only giving my perspective on what is happening because certain channels were removed deleted and the thing is in this sphere in the YouTube sphere you don't go about terminating other people's channels doing any strikes because it's sort of like the gentleman's agreement like no one does that to each other no one no one uses the YouTube system no one should no one should cuz the gentleman's agreement. You know, we we don't do that because somebody could do that to you.

[00:01:24]You know, nothing's perfect. And again, a system is what it is, but this is important.

[00:01:31]And yes, Bad Cookies, I know he's an ass, at least in your opinion.

[00:01:38]But there are problems here, things that he did, and some of y'all need to listen up.

[00:01:44]>> Paying attention. Jeremy Hamblely aka the Quartering is in a deep online battle right now over allegations of false flagging behavior, targeting detractors on YouTube as people end up speaking up, doing live streams, putting up videos, they're being taken down, they're being hit with strikes, they're being flagged through the the YouTube system. So, there's this deep battle going on right now with Jeremy Hamley, which we covered previously. But now we have a new threat of a classaction lawsuit for his false flagging behavior and alleged abuse of the DMCA system. So we're going to get that out today as well as some of the recent developments which kind of add another light to this and perhaps another angle for this legally. So let's get into first some of the things that have been going down recently. So one of the things that hap and look sunny day you know listen you're not wrong. People get jealous Kit there's always a shitethead behind the scenes that just hate how well you're doing. Yeah, it it it's true. But see, the thing is again, there are people who I work with and collaborate who I agree with and like. And then there's people, guess what, out there that probably don't like me or either that, you know, I'm not a fan of them, whatever. All right. But I'm at least going to be a gentleman about it knowing like, okay, I don't want anything bad to happen to anyone's channel. I've been through it nine times.

[00:02:59]It is a terrible thing to go through.

[00:03:01]All right? And I don't care where you stand politically or what genre you cover. I hope to God no one ever goes through what I went through, not once but nine times. That should not happen to anybody, even if I disagree with them. Okay?

[00:03:18]And also for the fact, you know, again, these allegations, false flagging, terminating people's channels, I mean, that's a person's livelihood. You don't do that. That's it's it's a gentleman's unwritten agreement. Okay? And if you use a system side eye side eye to you very recently was Jeremy Hambley had this tism podcast that he did with Bearing and Count Danula and that was deleted or taken down today. Now initially the reaction by Jeremy was as follows saying hey every live stream I've ever done has now disappeared from YouTube and my podcast channel with two friends. That's >> okay. Uh DMCA people are asking that it's called the digital millennium copyright act signed in law into 19 1998 US law updating copyright and the internet age implementing WIPO treaties.

[00:04:11]It primarily creates a notice and takeown system protecting online service providers from liability for user uploader infringement. So there you go.

[00:04:19]In other words, yes, that's what it is.

[00:04:22]Is it isn't that fun? theism podcast with bearing and countula seems to have been banned.

[00:04:29]>> Agreed, Pangia.

[00:04:30]>> I'm sure it's totally not false flaggers and just a coincidence. So saying there, I'm sure it's totally not false flaggers and just >> and I assure you this coffee is not coffee brand coffee. It's actually cost it's it's a it's Costco. Kirkland coffee beans. There you go. I'm not sponsored.

[00:04:50]I'm not sponsored by by Kirkland or Costco. a coincidence. So, going to accusing others of false flagging at first. Well, later hours later, he goes back to say, "Look, this was my fault. I was not clear on the videos I wanted my editor to delete. I'm working to restore what I can, and we'll give the boys all the episodes of Tis and re-upload 100%.

[00:05:09]I had just been testing a theory that live streams drag channels down." And of course, he was community noted immediately, saying these videos were actually deleted by him unilaterally.

[00:05:18]So, that podcast that he did with two others, deleted unilaterally by him.

[00:05:22]That's a potential legal problem. Uh this was followed up of course by many others who commented on this such as shoe on head saying hey why would you you know even imply that this was false flag because it's kind of clear to see through the system which ones are false flagged and which ones are not which ones are banned. So it's very easy to tell. So he was kind of presenting himself as the victim there. and bearing even his p his podcast co-host who you know had the episodes which he and Count Danula were members of deleted uh you know showed kind of the evolution here the haters got our channel banned to this is bearing's fault to it must be a YouTube glitch to it's totally my editor's fault uh advising him to stop I I I just want to let you guys know a YouTube glitch let let me tell you what a YouTube glitch is okay a YouTube glitch is where and again it has happened many of you who tried to comment your comment will not show up.

[00:06:14]But there are moments where there is a glitch where the live chat doesn't work.

[00:06:18]That's a glitch. Uh there are moments when YouTube perhaps maybe being overburdened uh it is incapable of going live. That's a glitch.

[00:06:27]YouTube just doesn't delete things.

[00:06:29]Okay. Unless the system itself or the person does it. Okay.

[00:06:37]That's a a YouTube glitch. No.

[00:06:42]No, no, no. Up and get some.

[00:06:46]>> And if your editor does an oopsie, uh, you better freaking get that editor in line help. Which I think is the right advice there. He also brought out the DMs with Jeremy. And if you see over here with this kind of back and forth, uh, Bearing says, "Are you going to flag the channels?" And Quartering responds, "Yeah, I'm flagging everyone. I'm calling my rep. Everyone is getting banned." Now, Jeremy may be joking there, but this is not a time at which he should be really joking around because in the midst of people that have very real claims against them, a judge can look at things and say, you know what, I don't know whether he's being sarcastic or not, we have to get discovery here. We don't I'm not sure.

[00:07:25]His previous conversations with null and other folks and even his public post make comments about him getting videos taken down, going to war, you know, take nuking everybody, taking all their channels out, wiping them off on the internet. So, you know, when he says this uh and says, you know, everyone is crooked. Remember, I can ban anyone I want. It's on. Uh he may very well have been serious about that. Um and it seems like this is a case in which he could be behind this. All the the evidence is pointing to him potentially being behind this based on his communications at large. So, that brings us to uh getting down the line when we see this channel here at the Tism, the Incredible Salt Mine, which was banned. It brings us to the lawsuit. So, this lawsuit was brought up by Chad Hughes, uh, who threatens here, "The Jermageddon begins Monday morning. If Kino Casino Eclipse isn't restored, we are drafting the document now for team YouTube, YouTube, and Google, Mr. Jeremy."

[00:08:25]>> Okay, this is important. Now, who are the Kino Boys? Well, the Kino Boys did a video on the courting. All right. Now, look, I'm all for First Amendment free speech, but the fact that their account was taken down, I mean, again, it's not good. And if these allegations, again, allegedly, are true, I mean, it's I I I would really like, in my opinion, to at least talk to a human being on that kind of level. At least allegedly, if Jeremy has that kind of connection with somebody at YouTube, I mean, I would like it.

[00:08:56]I really would for for many reasons for in more ways than one. I wish I had that power.

[00:09:02]>> Hamley and Melanie Mack. This is an opt-in with my law firm agreeing to take uh on if at least five creators join.

[00:09:10]Quartering blocked me because I kept getting him ratioed with the truth. But he can't play power games against people who aren't afraid of his power and live in the real world. Andy Warski should be restored too. We need an apology from Germany as well. Accountability. He even dragged Chrissy Mir into this and illegally forced her hand. That's not >> Some of the fallout from this has been hilarious. I had a good weekend watching some of that. Oh boy, it's funny.

[00:09:38]>> Right. And they have this lawsuit drafted and I have kind of the cover copy here. They have United States District Court Central District of California users affected by Jeremy Hamley including but not limited to Kino Casino Clips against Jeremy Hamley, Alphabet, YouTube, etc. So this is kind of the cover for a potential class action. So let's get into whether or not this thing is going to hold weight and what I think. So first of all with this the applicable law for misrepresentation is under section 512F which creates a private right of action for knowing uh knowingly materially misrepresenting something in a DMCA takedown. So in this case, if you falsely flag a channel and you know, hey, this thing is clearly fair use or, you know, this thing is something that is clearly permissible and I'm just flagging it to flag and I'm flagging because I don't like them, etc. Yeah, that's not permitted. That gives you a private right of action under 512F.

[00:10:33]Other false flags that are not DMCA, so other things that were submitted falsely or problematic, other causes would fall under torturous interference of contract. So that's something separate.

[00:10:43]That's a separate civil claim that could be brought. In addition, Danula and Bearing when they talk about the Tism podcast, depending on how they would want to deal with this, they might even have some sort of cause of action there because they would have a joint copyright ownership claim. So Jeremy essentially as onethird owner of that did not unless there's an agreement else-wise have permission to unilaterally delete stuff. Generally that >> Dr. Nick, sounds like high school to me. Exactly.

[00:11:18]It is. It is. It is. But you see, here's the thing. There's there's real world adult fallout from this. And that is how people manipulate and use the copyright strike and termination system on YouTube.

[00:11:33]And for those who might have allegedly perhaps more special privileges allegedly than others because I would you know I mean I would like to talk to a YouTube person a human being for many reasons. I mean but that's just me. Kit why do you want to speak to a YouTube person? Oh. Oh I don't know. I don't know.

[00:12:01]That's something that you have to come to a consensus on and you have to all agree, hey, this is what we're doing before you delete something and get rid of that. So that's a separate thing for those two based on that interaction. So what would happen with the class? Well, with the class action, I actually don't think this class action will go anywhere. Here's the reason why. Class actions are rarely permitted for fair use analysis and fair use cases because it's on a videobyide analysis. You go through each video and you say, "Is this fair use?" It's hard to lump 5, 10, 12, 30 videos together and say, "Yeah, they're all fair use." No. One could be fair use and another couldn't. That's how fair use works. That is the nature of fair use. If you think about the Ethan Klein case where he's facing Denims, Casey Trron, and Froggen, in that case, Denims could, for example, prevail and Frogan could lose. That's very much possible. Of course, Casey Tron has already settled, so she's already taken the L. In each particular case, they have to analyze the video to see, okay, exactly how much was used, how was it transformative, what's the commercial nature? That's something that's case by case. So, in this case, it would be much better and smarter if the individual lawsuits have a higher chance of success. It also be quicker, 6 months versus two years. Also, well-drafted cases are going to have a huge possibility of surviving a motion to dismiss. About a 70 to 80% chance if they're really well written in this manner. And because the point of a lawsuit against Jeremy Hamley in the quartering is for nuisance value to get him to settle. It's not to go through trial and to win. It's not to get some sort of massive thing after a jury verdict, etc. It's to get him to settle this, to get it to go away, because essentially it's going to cost him attorney's fees, time, discovery. He's going to have all his emails out there, all of his communications, and he doesn't want that. So, what is that?

[00:13:55]Well, that is about uh in CA in the case of nuisance value, defending even one federal DMCA case can cost 50K to 300K.

[00:14:04]So, anywhere in that range is very much reasonable. And it's painful cuz this hurts to even think about because when you go through something like this, you never want anyone else to go through it.

[00:14:15]It's a nightmare.

[00:14:17]It's a nightmare that makes no sense whatsoever >> or a federal DMCA case. So, if he's trying to quickly settle these cases, and I've worked on these, >> thank you, Barnes Homestead. I see you in the live stream chat. That really means a lot. Hopefully, inshallah, God willing, may the emperor protect and preserve it. That would be an ever so nice situation. But I want to say it again. Using a system to silence others, I mean, you just don't do it.

[00:14:47]You just don't. You You really don't.

[00:14:50]And if again, the fact that this is happening and that kind of power allegedly is at maybe one person's fingertips.

[00:15:03]I wonder I wonder I wonder will there now be a big shakeup in the system because if you are right now using the YouTube sphere and again my colleagues in independent media I think you need to follow this case here too. I'm not telling people what to do and I know some people might be saying well why is this important? It's because the fallout from this could set a very interesting precedent on what happens in the future in regards to how this space is used and whether or not it will actually be a space in which content creators can still create without worrying about being terminated, silenced, or suppressed.

[00:15:38]Okay, that's how I feel about it.

[00:15:42]And since I'm going through my own troubles too, believe you me, this will matter a lot.

[00:15:48]sort of situations when I was corporate counsel and dealing with uh these sorts of transactions. You can see these settled for 5K, 10K, 20K, 25K very routinely just as a go away cost as a hey we don't want to spend even our staff time on this. Let's just get rid of this for, you know, 5K, 10K, 20K. And that could be very very reasonable if it was one person. But the problem is this could be dozens of people, dozens of creators coming after Hambley. So, for example, if you had a dozen cases at 10K each, well then you've easily got over a 100K. It's death by a thousand cuts. And rumors are spreading, of course, that Jeremy Hamblely is in a dire financial situation. So, here's my final judgment.

[00:16:33]Hamblely is digging himself deeper in with potential legal trouble in what he's saying. Now, not everything he's done is necessarily illegal. The person in the original post commented about Chrissy Mayor. nothing about his sort of relationship with Christy Mayor appears to be illegal or merit a lawsuit there.

[00:16:49]That seems to be a stretch. However, some of these comments he's making about flagging channels, etc., or the desire to flag channels, desire to ban people or his influence with YouTube, those could be used against him. That is something that potentially >> and that's something that's a dangerous weapon for anybody to use, no matter the size of their channel, be they had a million subscribers or weak low numbers.

[00:17:14]Nobody should have that kind of power.

[00:17:16]All right. Look, I believe in the court of public opinion and you know the thing is when you finally fail or either that you're exposed as something and the internet calls you out, it's either you own up to it or you don't. But you don't silence and suppress people. You don't terminate people. Again, allegedly, allegedly, allegedly.

[00:17:38]>> It could be damaging for Jeremy. and reports of his dire financial situation put an incentive on small creators to file these nuisance claims and they can go to a single law firm go to that one law firm and that law firm can come up with a very good form a very good strategy for doing this and file all of these small lawsuits in order to get Jeremy to be hit with that nuisance value that could exceed 100k 200k etc if you settle these all out. So Jeremy could be in some hot water, but I want to know what you guys >> I saw that video, too.

[00:18:13]I saw I listen, we'll be here all day, but I saw the video, too.

[00:18:21]>> Think is Jeremy Hamley of the Quartering finished? Let me know in the comments below and I will catch you on the next one.

[00:18:27]>> So again, hold on. I just wanted to say here again just why this is imperative why that was important because it's going to set in regards to further discovery if there's going to be a settlement which perhaps there should be no one wants something to drag out you I speak from experience not to be some big time guy but I speak from experience in regards to what happens when you know it still continues on so we'll see how uh dedicated people will be in regards to seeing what this lawsuit will do and I got to tell Um, it's not looking good for the quartering. All right, it's not.

[00:19:03]And I got to tell you, I am interested to know just really what kind of system is in place for YouTube because now I want to speak to a human being, not to AI, but to a human being.

[00:19:16]And I would be ever so nice. But the fact that someone has that power to terminate another person's channel allegedly or false flag or do anything like that, um, we're in some dangerous waters ahead.

[00:19:30]What does that mean for future content creation? Oh, I don't know. I sure hope people don't go mad with power.