Former MMA contender turned comedian Brendan Schaub has lost his two-year-long lawsuit against YouTuber Kyle Swindells. The lawsuit was initiated in February 2022.
According to the lawsuit, Swindells made copyright violations by using clips from Schaub’s podcast in his commentary videos without consent. The legal battle has now concluded with a summary judgment in favor of Swindells, leaving Schaub’s legal team reeling.
Schaub inadvertently broke out of his own niche when he decided to take up legal arms against a small youtuber. Many big youtube channels dedicated to commentary took umbrage to Schaub’s legal bullying of a tiny channel – and all over accusations of philandering.
To make matters worse – Schaub subsequently made it onto the Ethan Klein radar once Bobby Lee and his wife Khalyla Kuhn revealed what Bobby had been through as a result of Kuhn’s anecdote on a separate podcast.
In a previous interview, Schaub said: “We have a lawsuit with a guy who made like 3,000 videos. Again if you’re going to critique standup or my fight picks or whatever my football picks, all good. That’s what the internet’s for. Now if you’re going to go out there and defamation, like you know whatever Brendan hits his kids or beats his wife, then you got my attention. I’m going to come after you. That game I don’t play and the guy’s suffering from that.”
The crux of the lawsuit revolved around Schaub’s claim that Swindells unfairly used copyrighted material from ‘The Fighter and The Kid’ podcast. Schaub argued that this constituted defamation instead of trying to puruse copyright infringement and sought legal action against Swindells. But as the legal proceedings unfolded, it became evident that the case had more complexities than initially anticipated.
One significant twist in the legal saga was Swindells’ counter-notification to Schaub’s DMCA takedown notices. This move forced Schaub to register the podcast episodes with the United States Copyright Office, a step he had initially overlooked. The lawsuit took an unexpected turn when a mysterious ‘ghost lawyer’ started assisting Swindells. This anonymous legal counsel played a crucial role in steering the case in Swindells’ favor.
The United States District Judge Mary Mroy’s summary judgment concluded that Swindells’ use of the copyrighted material constituted fair use. The judge emphasized that Swindells’ videos served as criticism and commentary, rather than attempting to supersede the original works.
Throughout the legal battle, Schaub’s legal team attempted to use intimidation tactics. They expected Swindells to settle or face a summary judgment. However, Swindells’ refusal to back down and his persistence in defending himself ultimately led to the judge ruling in his favor. Even attempts to steer the case back into mediation failed, as Swindells stood firm.
In various videos over the two-year period, Schaub expressed his frustration with the lawsuit. He stated that he would not tolerate defamation and false narratives about his personal life. But the judge’s decision coupled with the exposure of the podcast’s content as more factual than creative, challenges the narrative Schaub has presented.