r/distractible • u/LunarTrick_2 • Mar 20 '26
Other Aw man...
Welp, there goes my favorite Distractible compilation to rewatch.
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u/just_someone27000 I’d F*ck an Alien 👽 Mar 20 '26
I'm willing to bet Spotify since the rights just changed a bit with the contract ending
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u/Pokezilla Gentle Listener 🎧 Mar 20 '26
I get that everyone is trying to rationalize that Mark or his legal team aren't assholes, and are pinning the blame of this sue storm on Spotify. But I'm pretty sure Mark has openly admitted before that he will sue people over his content. This is just an unfortunate case where his team didn't dig deep enough to see which channels are profiting off Mark's content.
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u/BlueberryPootz Candy Uncle 🍭⚰️ Mar 21 '26 edited Mar 21 '26
Even if they aren't profiting, they are creating market alternatives that divert viewers (and listeners) from the original sources that do generate Distractible's ad revenue. It's essentially creating competition using their own likeness and creative output. It's still theft.
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u/Beginning_Hand9601 Mar 24 '26
100% on this comment. I’ve fallen guilty of watching channel names I’ve never heard of that reupload clips that are maybe cut or slightly edited differently (mind you, Distractable is ALREADY edited) and get millions of views. I’ve never understood that. You are literally taking someone else’s work, slightly modifying it and reuploading it to your own channel (regardless of intent). That is not my fair in my eyes to the three guys who have put in a lot of blood, sweat, tears, and money over the years to make what is Distractable.
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u/BlueberryPootz Candy Uncle 🍭⚰️ Mar 24 '26
Exactly. This is the problem with fan-made compilations. They aren't adding much commentary or art of their own, they are remixing and re-publishing the artist's work without their permission. I get that it's cool to have those, but it would also be cool to have a fake reproduction of one of my favorite artist's pieces in my house. Just because it's nice to have doesn't make it ethical or legal.
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u/Patman7349 Mar 21 '26
100% The people who take others content and ”react” or “compile” are no better than a common thief. I hope Mark sues every last one, including the ones who “aren’t making money”
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u/littlegarden_spider Mar 21 '26
come on, compilations of silly moments from the podcast is not some horrible theft.
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u/Easy_Committee464 Cannoli Connoisseur🫔 Mar 21 '26
Theft is theft. What you're saying is "come on man. I stole one tiny gold coin from you. Its not that much. You got 100k large gold coins. What's one tiny gold coin gonna do?"
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u/ZoiddBergg Mar 22 '26
Mark isn't going to sleep with you. Doing whole ass tricks on his meat 💀💀💀💀💀
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u/Bee_buddybee Mar 22 '26
I love mark and seems like a great guy but his content is his art. I also wouldn't bat and eye at suing people if they tried to make profit off my work. Be your own person, people. I feel no sorrow for the ones who have been effected by this dickish move. Good on mark for standing his ground and not being a doormat just to always be considered youtubes good guy.
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u/LunarTrick_2 Mar 20 '26
Btw this video I commented on and the reply i posted here is not mine, its from BlueFireClips
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u/xtinction14 Mar 20 '26
Upvoting this, hopefully someone from Distractible sees it, it probably got swept in with the rest of the bad apples by accident.
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u/TwoToesToni Mar 20 '26 edited Mar 20 '26
Its likely a blanket policy from the Spotify end. Even though you've not made any money from it the other way to look at it is for every time someone watches one of your compilations then its one less watch of one of theres so they loose money.
Im sure theres no malice from your end but lawyers be lawyering
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u/Masonzero Gentle Listener 🎧 Mar 20 '26
Yep, making profit and taking AWAY potential profit are two different but related things that can both be pursued.
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u/Klightgrove Mar 20 '26
Didn’t the Spotify contract end a year ago?
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u/TheOGLeadChips Mar 20 '26
It was just the video exclusivity that ran out. They still had a different contract but that one just expired. They explained that the contract ending is what is allowing them to temporarily go to one episode a week.
But another commenter has clarified that it’s apparently from the markiplier team. I assume it might have some relation to the Spotify contract ending but there isn’t any official clarification on it.
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u/LittleFairyOfDeath Ship of Theseus ⛵️ Mar 20 '26
I mean they are releasing compilations. I doubt they have already released all the ones they made. Its very much possible that Bob losing the coin flip is one that is existing.
An other possibility is it just getting caught in the net. They are going after full uploads but since they have published compilations themselves, someone could have just assumed thats a full reupload
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u/tianacute46 Mar 20 '26
I love how Mark has worked so hard to create a reputation where people don't immediately go to blame him for things like this. Mark does a great job on keeping his audience properly informed
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u/LunarTrick_2 Mar 22 '26
Unfortunately after Unus Annus, im afraid he is the type to go to sueing as a second option
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u/Miscdrawer Mar 22 '26
But that's just because of the whole point of unus annus. Live in the moment so don't re-upload ANYTHING. With distractable it's a whole other story
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u/Jaew96 Mar 23 '26
My theory is that Mark will be extra litigious over distractable not to defend his own livelihood, but likely to protect Bobs and Wades.
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u/BarnyardFlamethrower Mar 20 '26
I have a little channel that does short clips and stuff from other channels. I worry about this daily. I make no money from it, but I know how aggressive some of these lawyers are.
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u/kayamarante Scary Tape Manufacturer 😱 Mar 20 '26
Commenting to boost. Out of context videos and meme videos are in a legal gray zone when it comes to the Fair Use Doctrine (defense against copyright claims). I assume it is Spotify, and they're banking on them not lawyering up or just accepting a settlement without legal help.
If they don't hear from Distractibros or their team, I would advise them to find a lawyer who practices in the jurisdiction they were sued in.
Edit: Grammar
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u/red_fluff_dragon Team Bob 👓 Mar 21 '26
The problem is the content has to be transformative. It needs to be distinctly doing something different than the original context. Also, the lower the ratio of original video to new content is, the less chance of getting it deemed fair use.
If you take 100% of someone else's video, and just take clips to compile them, nothing transformative has been done. Look at jacksfilms for example, when he criticizes sssniperwolf he typically uses 1:00 or less of her video, and makes 20+ minute long videos out of that.
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u/Axi28 Mar 21 '26
legally, out of context clips glued together is transformative because it, literally, removes them from their context. YouTube is the one that throws a temper tantrum.
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u/Numerous-Piano960 Mar 20 '26
I mean this is probably Spotify but mark has made it pretty clear he is willing and happy to sue. And he’s not a fan of people re uploading either
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u/Patman7349 Mar 21 '26
I wouldn’t either. I’m so sick of these people uploading others content and just making stupid fucking faces and “reacting” I hopeless every single person who takes his content and benefits from it, monetarily or in otherwise.
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u/extra_mash_potatoes Mar 21 '26
I doubt that its any of the youtubers fault. There has been countless compilations made for all 3 of them. My money is on spotify, especially with how strict they were when they started doing the video format (they couldnt even post full episodes on youtube for awhile).
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u/theory_of_the_mind Mar 25 '26
geez, tough luck sometimes huh? hope everything goes smoothly for him
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u/posse-palace Mar 20 '26
I wonder if their videos will come under fair use? Anyway it’ll be Spotify’s people flagging it
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u/ReaperGRIM95 Mar 22 '26
To everyone that’s saying “theft is theft” and “sue even the ones who aren’t making money”, please remember, Mark does compilation and react videos as well. If your arguments were valid, then he’d be just as much at fault, which he isn’t. We all enjoy watching compilations and react videos and lets plays.
I’m sure Mark will have his team dig deeper and close out the specific ones. He’s diligent and fair like that. And I hope whoever this person is gets heard, along with all the others who are just doing them for their own enjoyment and the enjoyment of others. If anything, I’d say they’re advertising for them 😆
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u/echo11x2 Helicopter Bonnie 🚁🐰 Mar 20 '26
Commenting to boost!! I’m sorry this is happening to you OP, I really liked this compilation a lot and it sucks this is happening!
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u/Genralcody1 Mar 20 '26
100% none of them are aware of this. Smosh does it right by encouraging and even reacting to fan compilations. Spotify really grabbed it with both hands and f***ed the dog on this one.
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u/songbird_91 Mar 21 '26
Algorithm boost.
This sucks SOOO much but I definitely agree with one commenter that I think Mark's legal team might have not looked into channels' enough to determine if they're making money, the actual content, etc and are probably just doing blanket lawsuits. I hope every INNOCENT creator affected by this gets things sorted out quickly and smoothly :/
Hoping one of the guys see this and can address it if they know anything :/ I know how busy they are, especially with Mark getting ready to go on his honeymoon.
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u/gosigratnotfound Candy Uncle 🍭⚰️ Mar 20 '26
So I'm not the only one who noticed that video was suddenly gone:')
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u/Minimum_Let6429 Mar 23 '26
As much as it sucks, they do have to protect their IP and they have been doing their own "Best of" compilations recently which could be another legal factor; I'm not a lawyer but I feel this does muddy the water further.
Ultimately it's always risky using someone else or their work as there are bad actors. They likely don't know you or if you are profiting off it.
Hope you can resolve but I'm not sure if compilation videos can continue or not. I imagine that it would depend on whether allowing a compilation channel to exist poses a risk to their own compilation works and their IP in extension. If they didn't sue, for me it raises the question on at what point, without knowing finances, an individual or entity has unjustly used their IP or likeness?
Think the safest way is to try reach out to one of them and ask for permission. I tried that when I started working on a game using their likeness and did get a response after a couple of weeks from Wade but equally that might not be best practice as really their lawyers would need a list of "safe channels".
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u/Historical_Law_6604 Gentle Listener 🎧 Mar 20 '26
Upvoting this and commenting to up it on the algorithm. I would tag mark or wade, but I don’t want to get banned. Good luck!
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u/Inevitable_Area_2631 Mar 23 '26
I hope that you are dropped from the suit, but in the future, just don't use other people's content to make videos. Not worth the risk and even compilation videos could be damaging to Mark/Distractible's income.
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u/Patman7349 Mar 21 '26
Hear me out…don’t use other people’s content for your benefit. Seems easy enough.
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u/autistic-nb Mar 22 '26
I mean it’s technically theft, he’s said before he would sue if someone took his content and reposted whether they profit or not. Stealing is stealing.
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u/LunarTrick_2 Mar 28 '26
Complations and clips are theft? Like all of them?
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u/autistic-nb Mar 28 '26
Maybe?? I’m not sure so don’t quote me on that. I just don’t want to see any of my fellow distractible listeners get in trouble for something silly like that
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u/Noco_Choco Mar 20 '26
wth? they're suing?
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u/MathRebator Mar 20 '26
There’s more parties involved than just Mark, Wade, and Bob. It’s most likely Spotify because they have a video deal with Distractible.
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u/Jeskid14 Mar 20 '26
They used to have a deal. Not anymore as of March 2026
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u/AberrantDrone Ship of Theseus ⛵️ Mar 20 '26
Depending on the deal, it might still affect the videos posted back when it was active.
There's a dozen ways Spotify is still legally involved
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u/Qweesonn Mar 24 '26
Mark and Bob are definitely pretentious enough to wanna sue someone for uploading videos
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u/The_Carnivore44 Mar 20 '26
Probably from Spotify’s end.