Triller v. H3 Podcast: Using Lawsuits To Silence Free Speech

*I have no affiliation with Ryan Kavanaugh, H3, Triller, or any parties. The following post serves as an opportunity to inform about the pending lawsuits and discuss the potential ramifications*

Further Developments

At the beginning of November, I published “Ryan Kavanaugh, Harvey Weinstein and The Downfall of Triller.” In that piece, I discussed the YouTube boxing phenomena and the ongoing Fair Use lawsuit between Triller’s Ryan Kavanaugh and Ethan and Hila Klein of The H3 Podcast. Since then, there have been more developments, including public statements from both sides and a third lawsuit initiated by Kavanaugh.

After posting about the lawsuit saga, Ethan Klein promoted my article via his personal and The H3 Podcast Twitter accounts. Also, @RyanOrHarvey, an anonymous fan of The H3 Podcast, boosted my writing to a larger audience. I want to thank them for being an excellent resource and their kindness in making this follow-up possible.

Ethan Klein tweets "interesting" and retweets on H3 Podcast Twitter
Ethan Klein tweeting about my first article and retweeting the link on November 7th, 2021

An Interview with @RyanorHarvey

Since connecting with @RyanOrHarvey, I wanted to learn about their relationship to H3’s Content, the inspiration behind creating their Twitter account, and more. This Twitter user is not affiliated with H3/Ethan and Hila Klein, Triller/Ryan Kavanaugh, or any other parties that have been mentioned thus far and throughout the rest of this post.

Q: How long have you been watching H3?

ROK: “I’ve been watching H3 for about 6 years now. I was obsessed with their YouTube videos and have continued to enjoy their work since moving to the podcast, finding their niche and what works for them, over the years.”

Q: What inspired you to create this account?

ROK: “I noticed that the entirety of the public and twitter users were constantly confusing Harvey Weinstein with Ryan Kavanaugh. I set out to help teach the public and show them that if you look really close and focus on it for a minute or two, there are actually some extremely minor differences that can be found between the appearance of Ryan Kavanaugh and Harvey Weinstein. I may have a trained eye, but I can finally recognize who’s who about 20% of the time.”

Q: When the first and second lawsuits hit, what were your thoughts initially vs. now?

ROK: “In my opinion, I thought the first two lawsuits held no merit. Especially after seeing how poorly it was put together, I didn’t think it had a chance. It seems like that was mostly true as Triller has had no success so far in support of their claims. I believe the video usage was fair use and that it didn’t take ticket sales away from the event that was 5 days prior.”

Q: With this third lawsuit, do you have any different thoughts than the first two lawsuits?

ROK: “The third lawsuit, now for defamation, seems like Ryan Kavanaugh is mad at the wrong people. He should be contacting Variety if he’s so upset about their article’s headline. I think this lawsuit is different because H3 is being accused of defaming Ryan Kavanaugh. Like the first lawsuits, since the claims are once again false and manipulated. In what I’ve seen posted by H3, they cover reputable news articles and source any claims made on the podcast.”

The Timeline Since November 1, 2021

I have documented what has occurred since I published my article on November 1st, 2021. Please refer to “Ryan Kavanaugh, Harvey Weinstein, and The Downfall of Triller if you want to read the origins.” I also have compiled a YouTube playlist of all of the Kavanaugh mentions on The H3 Podcast.

November 23, 2021

November 30, 2021

Kavanaugh details why Triller (and he) initiated these legal battles with the Kleins. Many of the claims in this piece are outlandish. Such claims include that Ethan is behind a Reddit thread conspiring to harm Kavanaugh. Others state that Ethan has been “hacking” his Wikipedia page, that Ethan has been telling his supporters to rate 1-star on the App Store, and so forth.

“Hopefully this case will not only stop Klein but serve as a deterrent for others who use social media to harm those who do not deserve it and help set a precedent that this type of behavior cannot be tolerated.”

The Dark Side of The Power of Social Media by Ryan Kavanaugh
  • Ethan Klein tweets out that he is being sued for a third time by Kavanaugh.

December 1, 2021

The H3 Podcast hosts an “emergency live stream” of their show “Off The Rails.”

December 2, 2021

  • Klein tweets his suspicions that Keemstar, another YouTuber, might be working with Kavanaugh to spite him.

It would take me eons to explain the ongoing feud between Daniel Keem (Keemstar) and Klein. In short, Keemstar hosts a show on YouTube, “Drama Alert,” where he often “reports” on trending topics with some interesting takes (to say the least.) Keem is like the TMZ of the YouTube community. He mainly reports on gossip, and is known for making wild accusations towards his fellow creators that can paint them in a negative light. Klein has made it a point to continuously call Keem out on his behavior, which has resulted in Keem organizing his followers to engage in Anti-Semitic charged harassment towards the Kleins, H3 fans, and more.

December 10, 2021

Kavanaugh offers $25,000 to whoever provides him with the “best dirt” on Klein.
  • Kavanaugh offers $25,000 to whoever provides him with the “best dirt” on Klein.
  • Ryan Kavanaugh confuses YouTube advertisers with H3 Podcast Sponsors.

Ryan Kavanaugh uploads a screenshot to Instagram of an H3 Podcast episode with an ad of Dominos Pizza above the episode title. Kavanaugh has confused YouTube advertisers and sponsors of The H3 Podcast. Advertisements that appear when watching a YouTube video are randomized. Advertisers pay YouTube for ad space on their website to appear in videos, on the YouTube homepage, and so forth. These ads are different than ad reads a YouTuber may acquire as a sponsor of specific videos or as a frequent collaborator.

The post has since been deleted, but it is viewable here on the H3 Podcast “After Dark” Episode: “Pewdiepie DEFENDS me, Nikocado Update, Ace Family NEW Mansion Tour – After Dark #62.”

December 15, 2021

In response to the clip being blocked, Ethan Klein went to Twitter to vent his frustrations.

  • In response to Ethan, Ryan Kavanaugh posted a screenshot of Klein’s tweet to Instagram with the following caption – the post has since been deleted.

@h3h3productions @h3_podcast @instagram @twitter since when did making fun of someone for their looks, their intellectual capacity and poking fun at them not only acceptable but helps to generate millions of dollars for someone? Threatening my family and friends and harassing my business partners, buying to build a website to malign me, spending hours on his podcasts, YouTube, insta, Twitter, Reddit and actually raising money from teenagers while doing it is allowed? Surely the world hasn’t gotten this ugly?

December 16, 2021

  • Ryan Kavanaugh’s call to the FBI

Klein has an extensive history with the online creator Trisha Paytas. Paytas uploaded a video to their channel responding to comments made by Klein on an episode of After Dark. Clips from that live stream and Paytas’ video have since been deleted. Kavanaugh took an opportunity to comment on the situation by quote tweeting a clip from Paytas’ video with the following:

December 17, 2021

  • Ryan Kavanaugh is producing an investigative Wikipedia documentary

In a series of since-deleted tweets, Kavanaugh announces he will be making a documentary about his “feud” with Wikipedia and its moderators.

Ryan’s Tweets about his Wikipedia documentary. Collage by me.

December 20, 2021

  • The H3 Podcast YouTube Channel received a strike, resulting in a one-week ban.

Ethan Klein tweets out that the podcast channel has received a strike. A strike is a result of violating YouTube’s community guidelines. Strikes can be submitted for an appeal. However, it will result in a one-week ban if the request is rejected, which happened in this case.

Final Thoughts/Wrap Up

The day after the ban was initiated, the ban was lifted, and the strike was removed. Unfortunately, there was a Covid-19 scare at the Teddy Fresh offices (Ethan and Hila Klein’s clothing company). To protect their employees and crew, H3 started their break from YouTube early and will return on January 17.

I’d be lying if I said I knew where this whole debacle was heading next. If you have any thoughts/opinions on this matter – please leave them down below!

3 comments

  1. I love the H3 podcast! I think this lawsuit is crazy and makes no sense. Ethan said he has won lawsuits in the past when it came his youtube channel. Its going to be interesting how this unfolds.

  2. That’s quite a tangle of legalities. I’ve watched some of my favorite personalities get involved in legal disputes over the years. The sums of money can be immense. It will be interesting to see how it all turns out.

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: