The Fine Bros Plan Is Actually Pretty Cool If You Get Past How They Announced It

Since late last week, we've been getting lots of inbound requests and submissions to write about The Fine Brothers, and the claims that they're somehow trying to "control" or "claim ownership" on the concept of "react videos." Almost all of the inbound requests are expecting us to trash the Fine Brothers for this apparent attempt to "own" something that can't be owned, and we're going to disappoint them. Having gone through all of the details, it actually looks like the Fine Brothers were legitimately trying to do something that's actually... kind of cool. Now, before you rip off my head as well, please wait and hear me out. I will say that they could have been a bit more tactful about it, but I don't think they deserve the intense hatred they're getting. There are lots of details here, but it starts with the Fine Brothers, Benny and Rafi, who have built up a rather impressive empire in creating amusing internet videos. They have a bunch of shows, many of which are crazy popular. Among the most well-known is probably the "Kids React" series, in which they film kids reacting to things (often "old" things that the kids may not be familiar with, frequently pop culture related). Personally, I like the one where kids react to seeing the very first iPod. Warning, if you're older than, like, 10, this video may make you feel really old. Anyway... this latest mess kicked off with a YouTube video where Benny and Rafi Fine act as if they've just cured cancer or something, they're so excited for what they're putting out into the world -- a way for anyone to "license" their various show "formats," like Kids React: And, right off the bat, I can totally understand why people were at least a little concerned about this. We've all spent enough time dealing with big successful entities using "licensing" to mean "we're going to stop you from doing stuff unless you pay us." And, honestly, the video above does feel a little weird with the two of them acting as if they've just done the most amazing thing in the world for their fans. I think the other problem with the way they announced this is that they've probably been so deep in the Southern California/entertainment world where questions about "licensing formats" for TV shows is something that's understood by everyone, that they just used the same terminology, without realizing how that would play with basically everyone else in the world, especially among their fan base. Again, to most people "licensing" means taking someone else's money and "formats" sounds like they're claiming ownership of any kind of reaction videos. But, having gone through the video, the details, more details, the FAQs and their hurried attempts to defend themselves, I actually do think they were trying to do something that is kind of cool. But they got seriously tripped up by the way they presented it. Here's what they probably should have said they were trying to do: "Hey, everyone, we know we've got lots of enthusiastic fans who love our react videos and want to make their own. And now we're going to help you make those videos, help promote them and even help you make some money off of them! Yay! Isn't that exciting?" Here's what they said instead: "Hey, everyone, we're going to let you license our "React" intellectual property. Also, people who copy our videos are bad people, but now you can do it if you license from us! Isn't that totally exciting?" Here's what everyone heard: "Hey, everyone, we own "reaction videos" and now if you want to make your own, you have to give us a cut or we'll shut you down, because you're bad! Isn't that exciting?" The problem was that they focused on the mechanism ("licensing!") rather than the benefits. They've been pretty clear that they're not looking to shut down anyone. And all the claims from people saying that they're claiming "ownership" of reaction videos is wrong. Yes, they've trademarked some stuff, but trademarks are not copyrights or patents. And, yes, while there is trademark abuse, there's no indication that what they're trying to do here is abusive. Actually, it looks like a pretty good idea. They know that lots of people make similar reaction videos. And a lot of those people are their fans. But rather than shut them down and rather than demand big licensing fees, they created this (somewhat unique) program, where they're giving a license to anyone who wants it, and with that license, you get a variety of benefits, including graphic elements and (importantly) the ability