[T]he fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
An injury to reputation that’s caused when literally true factual statements create a false impression. While the elements of defamation by implication vary from state to state, in general, it requires proof that the speaker:
published true statements in a way that implied something defamatory, or
implied something defamatory by omitting facts, and
To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the reputation of the person or entity who is the subject of the statement.
To prove a case of unfair and deceptive trade practices in Florida, a plaintiff must generally show the following elements:
A deceptive act or unfair practice: The plaintiff must demonstrate that the defendant engaged in a deceptive or unfair act or practice in the conduct of trade or commerce;
Causation: The plaintiff must show that the deceptive or unfair act caused the plaintiff to suffer some type of harm. This harm can be economic, such as a loss of money or property, or non-economic, such as emotional distress; and
Actual damages: The plaintiff must prove that they suffered actual damages due to the defendant’s deceptive or unfair act, such as out-of-pocket expenses, lost profits, and other economic losses.
Tortious interference with prospective economic advantage occurs when a third party or another individual or entity with outside influence interferes with an informal relationship that could create an expectation of economic advantage. To lodge a claim for interference with prospective economic advantage, the following elements must be proven:
The business had a relationship with another business or individual.
An outside (third) party knew this relationship existed.
The outside party purposefully and by wrongful means disrupted that business relationship.
The outside party’s interference with the business relationship caused harm.
Improper conduct by an outside party that affects business relationships and/or contractual agreements can include:
It’s called civil conspiracy, and it happens when there is an agreement amongst people to commit a fraudulent, wrongful or deceitful act, any of which would constitute a business tort. The parties must all know that they are participating in a planned wrongful act.
[T]rade libel requires that the publication be “concerning plaintiff’s business, property or product.” … [T]rade libel always requires proof of actual malice (i.e., that the statement was made with knowledge of falsity or a high degree of awareness of probable falsity), …
I stuck with reference source content above, allow me to put in my own non-lawyer assessments here.
Copyright infringement: This appears to be fair use, because it’s “criticism or comment”.
Defamation by implication: Because all sides admit that the video is accurate, and the content which they are suggesting is defamatory is so short and succinct, I have a hard time believing that it would rise to the level of “defamation”.
False advertising: Plaintiff must show that the defendant made false or misleading statements. All sides admit that the video was accurate. Where is the false or misleading statement? Not to mention that false advertising is normally levied against someone trying to inflate the value of their own product, or deflate the value of a competitor product.
Violating Florida Deceptive … Act: This can be charged in federal court, because it’s a “complement” to the FTC Acts. I don’t see where anything “deceptive or unfair” is alleged, because … all sides admit the video is accurate.
Tortious interference with business relationships: I don’t know what “relationship” they’re relying on here. Informal relationship with customers? Retailers? I’m not seeing any improper conduct here.
Unjust enrichment: This is a “You didn’t pay your bill” or “You didn’t uphold your end of the agreement” kind of thing. I have no idea where they even got this charge from.
Civil conspiracy: This would be the civil court “side” of criminal conspiracy. If someone is convicted of criminal conspiracy, their sentence is a criminal one. Once such a sentence exists, people who have experienced loss because of that criminal conspiracy can file civil suit to collect damages. That’s not what’s going on here, but I also know that one can be not guilty in criminal court while being found liable in civil court for the “same thing”. Here, though, because (wait for it) all sides agree that the video is accurate, I’m not sure what the fraudulent, wrongful, or deceitful act would be, and there’s definitely not the intent to commit a planned wrongful act. No way this sticks.
Trade libel: All parties – you know the drill. The truth cann’t be libelous. And there’s that pesky actual malice thing again.
Feels like a SLAPP suit is the correct response here, because these charges are all utter bollocks.
(My bold throughout.)
Copyright infringement
This must be for using their video in his video. https://www.copyright.gov/title17/92chap1.html#107
Defamation by implication
https://dictionary.nolo.com/defamation-by-implication.html
https://www.law.cornell.edu/wex/defamation
False advertising
https://www.law.cornell.edu/wex/false_advertising
Violating the Florida Deceptive and Unfair Trade Practices Act
https://www.jimersonfirm.com/services/bet-company-litigation/florida-deceptive-unfair-trade-practices-act-fdutpa/
Tortious interference with business relationships
https://feldman.law/news/what-is-tortious-interference-with-a-business-relationship/
Unjust enrichment
https://www.law.cornell.edu/wex/unjust_enrichment
Civil conspiracy
https://www.turnpikelaw.com/what-is-civil-conspiracy/
Trade libel
https://www.gibbonslawalert.com/2023/11/01/is-it-defamation-or-trade-libel/
Holy fuck, thank you for taking the time!!
I stuck with reference source content above, allow me to put in my own non-lawyer assessments here.
Copyright infringement: This appears to be fair use, because it’s “criticism or comment”.
Defamation by implication: Because all sides admit that the video is accurate, and the content which they are suggesting is defamatory is so short and succinct, I have a hard time believing that it would rise to the level of “defamation”.
False advertising: Plaintiff must show that the defendant made false or misleading statements. All sides admit that the video was accurate. Where is the false or misleading statement? Not to mention that false advertising is normally levied against someone trying to inflate the value of their own product, or deflate the value of a competitor product.
Violating Florida Deceptive … Act: This can be charged in federal court, because it’s a “complement” to the FTC Acts. I don’t see where anything “deceptive or unfair” is alleged, because … all sides admit the video is accurate.
Tortious interference with business relationships: I don’t know what “relationship” they’re relying on here. Informal relationship with customers? Retailers? I’m not seeing any improper conduct here.
Unjust enrichment: This is a “You didn’t pay your bill” or “You didn’t uphold your end of the agreement” kind of thing. I have no idea where they even got this charge from.
Civil conspiracy: This would be the civil court “side” of criminal conspiracy. If someone is convicted of criminal conspiracy, their sentence is a criminal one. Once such a sentence exists, people who have experienced loss because of that criminal conspiracy can file civil suit to collect damages. That’s not what’s going on here, but I also know that one can be not guilty in criminal court while being found liable in civil court for the “same thing”. Here, though, because (wait for it) all sides agree that the video is accurate, I’m not sure what the fraudulent, wrongful, or deceitful act would be, and there’s definitely not the intent to commit a planned wrongful act. No way this sticks.
Trade libel: All parties – you know the drill. The truth cann’t be libelous. And there’s that pesky actual malice thing again.
Feels like a SLAPP suit is the correct response here, because these charges are all utter bollocks.