The Philip DeFranco Show - PDS 9.12 Kendall Jenner Leak Controversy, & More

Episode Date: September 12, 2018

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Sup you beautiful bastards, hope you're having a fantastic Wednesday. Welcome back to the Philip DeFranco show and let's just jump into it. And the first thing we're going to talk about today is we had Kendall Jenner in the news because nude photos of her leaked out onto the internet. Now usually when you hear about a leak like this, most people think, okay, someone was sexting, maybe it was an ex, maybe the account was hacked. But this leak was not of personal photos, but rather of professional photos. Photos that were taken by professional photographer Russell James. Photos that featured Kendall by professional photographer Russell James. Photos that featured Kendall running on the beach, in the water, on a horse, in a tree.

Photos, as it turns out, that were meant for public consumption, specifically in a new book that he is releasing. But all the same, it was still reported that these photos were stolen and pushed out onto the internet. And following these photos being released, we've seen two reactions.

One, you have people believing the timing of this alleged theft was a little bit too perfect photos that were released of Kendall Jenner have gone viral on the internet just a few days before the book being released So there's all this free press that is very likely to supercharge the sales But then also to the second big reaction we saw is just a lot of people body shaming Kendall Jenner people saying she looks like A boy that she looks like a skeleton. She's so skinny She needs to eat. But at the same time you have people defending Kendall, people saying that the situation is hypocritical.

Some examples, people are literally body shaming Kendall Jenner for being too skinny but bashing her sisters for getting surgery. You people are stupid and confused. Another writing, when even supermodels get made fun of for their looks, you know that women can't win no matter what we do. Her sisters get slammed for being quote fake and having plastic surgery. She gets made fun of for her natural body being too skinny with small breasts. And here's what I'll say, because these photos from the beginning

were planned for public release, I don't feel as weird saying that it is possible that a leak was faked. The Kardashian-Jenner clan and the people around them are masters of PR, so it should be expected and not be considered cynical to be skeptical. I think a healthy skepticism is good to have. But as far as the body shaming, it's just,

I'm all for making fun of Kendall Jenner for doing things like being in a stupid tone-deaf Pepsi ad. But all of the public body shaming stuff, it's petty and sad and it's even more so, here's one of the big things that really bothers me. When I see some of the same people that were cheering on the Tess Holliday Cosmo cover ridiculing Kendall Jenner because she's skinny. And also to me Kendall Jenner in those photos looks perfectly healthy obviously you can never really know the

health of a person just from looking at the outside. And ultimately if you're in the spotlight especially when it comes to your looks people are gonna hate on you no matter what because as people said if she had breast implants people would say oh she's so fake. Here she has photos of herself in her natural state and people on the internet calling her a little boy. And I'm also saying this as kind of an outsider to this situation because even though, you know, I have a relatively large show here, there are a lot of people that do know me. In general, whether I was 40 pounds up from where I am here

to 30 pounds less, my weight and my looks usually don't come into play when people are talking about me. And women in the spotlight are really just women in the world, they have to go through a completely different public existence than I do, which is also why I wanna pass the question off to you. What do you think about this?

Do you think the photos were legitimately stolen or this is PR? Also, what do you think about the reaction online? Any and all thoughts you have here, let me know down below. Then in massive community and entertainment news, it was confirmed yesterday as we predicted last week that the new focus of the Shane Dawson docu-series will be Jake Paul. Shane Dawson, who of course has released massively successful

docu-series after docu-series over these past few months, released a teaser for what he is calling the mind of Jake Paul and in the hypercut teaser trailer we see snapshots of Jake Paul controversies from the past, his obnoxious stunts, that he's a manipulative bully with people that he's worked with, also showcasing Jake Paul spitting in Alyssa Violet's face and there being allegations in general of Jake Paul being abusive towards her. And the trailer closes seemingly addressing people concerned

that this is going to be a fluff piece about Jake Paul. Shane says this. What are you worried about the most? That he's gonna be mad when he finds out what this series is actually about. Now some people took that, that this new docu-series is going to expose Jake Paul, but others seem to think that it's in reference

to this series not actually being all about Jake Paul. And this has also been fueled a little bit by a comment Shane Dawson left on a Perez Hilton video, where Shane wrote, The subject isn't just Jake Paul, the subject is much, much darker "'and something you probably have dealt with "'with some of your ex-friends.'"

Now as far as what this ends up actually being, what it looks like, we're just gonna have to wait and see, and unfortunately it is going to be around two weeks. But ultimately, as far as what this ends up actually looking like, I have no idea. What I do know though is tens of millions of eyes will be pointed in Shane Dawson's direction on September 25th.

And that's just amazing in its own right. But from that, I wanna share some stuff I love today. And today in awesome, brought to you by Postmates. And Postmates is of course the fantastic delivery on demand app. You want something from the store, one of your favorite restaurants, boom, just open up the app, they'll deliver it to your home,

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They recently expanded to 100 new cities. They're always growing so go check it out The first bit of awesome today is every now and then I like to use this segment as a way to promote to a smaller Creator that I enjoy and today that fantastic creator is Jessica Kellgren Foza. She's entertaining. She has an interesting point of view I wish I could say words like her if there was a great place to start with her content, she has a fantastic series on what it is like to be deaf. I only recently became aware of her about a month ago, but I instantly became a fan, and so today I wanna share her with you.

Check her out, maybe subscribe, all the good stuff. Then we got an interesting video on why we say okay. We got a trailer for The Ballad of Buster Scruggs. We got a trailer for Hilda. We got True Confessions with Matthew McConaughey. We got an Adventure Time special with Binging with Babish. Then we had Kevin Hart and Isaiah Thomas on Cold as Balls. Then Apple fanboys rejoiced. There was an Apple event today. New phones were announced, the new watch, other stuff. In the description down below I'll link to a full breakdown. And if you want to see the full versions of everything I just shared, the secret link of the

day, really anything at all, links always, are in the description down below. Then we had Norm Macdonald, Roseanne Barr, and Louis C.K. in the news. That's because Norm Macdonald is doing press for his new Netflix series. He did an interview with The Hollywood Reporter, and some of the things he said in that pissed a lot of people off.

Some of the big standouts from the interview include Norm Macdonald saying, "'I'm happy the Me Too movement "'has slowed down a little bit. "'It used to be 100 women can't be lying, "'and then it became one woman can't lie. And that became, I believe all women. And then you're like, what?

And then when speaking about Roseanne Barr, he said, Roseanne was so broken up after her show's reboot was canceled that I got Louis to call her. Even though Roseanne was very hard on Louis before that. But she was just so broken and just crying constantly. There are very few people that have gone through what they have losing everything in a day. But saying quote,

Of course people will go, what about the victims? But you know what? The victims didn't have to go through that. One, that seems to gloss over the well-documented amounts of abuse that all of Louis C.K.'s victims who spoke out received. And according to some, that's in and outside of the comedy community, this including death threats. And two, it could also be argued that Louis C.K. has never been in a room and someone blocked the only exit and masturbated in front of him. And we saw two things happen after this interview was released and the outrage followed. One, the Tonight Show cancelled Norm Macdonald's appearance. The show saying in a statement,

Out of sensitivity for our audience and in light of Norm Macdonald's comments in the press today, the Tonight Show has decided to cancel his appearance on Tuesday's telecast. And two, Norm Macdonald issued an apology on Twitter, writing, Roseanne and Louis have both been very good friends of mine for many years. They both made terrible mistakes and I would never defend their action. If my words sounded like I was minimizing the pain that their victims feel to this day, I am deeply sorry." And regarding this controversy, here's what I'll say.

Regarding his comments about the Me Too movement, how it went from, you know, a hundred women can't lie, now no woman could lie. I mean, if we look to the news cycle, we've seen people in the past who said, believe all women, no woman would ever lie like Alina Dunham eating their words or having hypocritical actions. There are also examples of hypocritical actions that came out after the Azi Argento story came out

in which like that even took a turn where she accused her accuser, which once again, I know we haven't talked about that story in a little bit, but you had a 17 year old accusing her and then she accused that 17 year old. Right, so with that situation, someone is lying, so, and maybe I'm giving Norm Macdonald the benefit of the doubt here,

but I feel like that is what he is kind of referencing. Albeit in the indelicate Norm Macdonald way, which you would expect if you know Norm Macdonald. And as far as his comments around Roseanne and Louis, it's hard for that to not seem minimizing. I get the point that he is trying to make, that what Louis and Roseanne went through is somewhat unique, but I also think that's why we're seeing Norm Macdonald a guy

I never really would think would apologize for something he said Apologizing for something he said and actually on that note this morning when Norm Macdonald was on the Howard Stern show reportedly said I wish I never had to do interviews especially print interviews They ask you questions that maybe you don't want to answer and also on the show saying you'd have to have down syndrome to not Feel sorry for harassment victims as right now that is where we are with this one. And also on the show saying, you'd have to have Down syndrome to not feel sorry for harassment victims. As of right now, that is where we are with this one. And I'll pass the question off to you. What are your thoughts about this controversy?

Any and all thoughts, I'd love to know what you're thinking in those comments down below. Now let's talk about some massive and extremely concerning news coming out of the European Union. Now we knew this was coming. Last week we covered in one of the morning videos,

the upcoming vote for the European Copyright Directive. Right, the EUCD and kind of a quickie refresher, TLDR. It's a copyright bill for most of Europe. And in particular, there were two parts of the morning video is the upcoming vote for the European Copyright Directive. Right, the EUCD, and kind of a quickie refresher, TLDR, it's a copyright bill for most of Europe, and in particular, there were two parts of the bill that were extremely controversial, Articles 11 and 13. 11 was being referred to as a link tax, so if you're sharing a news article or similar copyrighted material,

you need a license from the owner or you're going to face a fine. 13 has been referred to as the upload filter in that it would force websites to automatically scan anything uploaded or posted to the site for copyrighted material and remove it or face a fine. And the reason we were facing this new vote

is back in July, the EUCD actually failed a vote after there was a huge push from voters to contact the representatives and demand them to reject the bill. But because of how the EU works, the bill wasn't actually killed and instead faced a waiting period while amendments to the bill were proposed and submitted.

And so today it faced another vote where members voted on individual amendments to the bill until a final version was agreed upon. And after hundreds of amendments were reviewed, two amendments, one for Article 11 and one for Article 13 were agreed upon. And this new EUCD tax was approved with 438 in favor, 226 against, and 39 abstentions.

Now a big thing to note here is the EUCD that was just passed is not the same EUCD that failed back in July, but it is mostly the same. Reportedly the new version of Article 11 is more lenient in how much of an article can be shared via hyperlink. Before, almost none of it was allowed to be shared, often including the hyperlink itself. Now it allows, quote, individual words

from a hyperlink publication to be shared. However, it does not specify what individual words means. Does it allow multiple words from a text to appear? Is it okay as long as it's not in the form of a sentence and rather just a headline? Does it actually mean just an individual word? Right? And just in general, what are you actually allowed to use from the text? Now, regarding this article, large-scale publications in the EU are strongly in favor of it, saying it will allow them to get paid what they are owed for making original content. On the other side, you have critics pointing out that Germany and Spain have laws

on the books that already do this, and they are effectively useless. And in fact, when we look to Germany, it seems like not a single publisher has made any substantial amount of money and smaller companies that rely on aggregating news have effectively been shut down because of the law. And as far as Article 13 in this new EUCD, reportedly it has been barely changed. The noticeable difference is that now it only affects

platforms that host, quote, "'significant amounts of uploads' and promote them." It also appears to have exceptions for small slash micro companies, as well as nonprofit sites like GitHub and Wikipedia. And these changes seemingly were trying to address the criticisms that this was anti-business, that it was hurting the little guy.

However, it's incredibly important to know that lawmakers haven't decided what constitutes significant amounts or uploads or what promoting them means. It also fails to mention what a small slash micro company is. But based off of what we know, in its current state, what does this mean? Well, for a company like YouTube,

where you're watching this video right now, it means they will need a bigger, better, and faster content ID-like system to scan every single upload and make sure they don't contain copyrighted material. And many fear that things normally exempt from copyright, like fair use, will be flagged and blocked from being uploaded.

Because the big note here is that EU really doesn't have a fair use clause right now in their copyright laws, and the EUCD doesn't really expand on it. Meaning that right now, based off of what we've seen via the text, they would be fine blocking nearly all uses of copyrighted materials regardless of context. And with a company like YouTube, I don't know how they're going to navigate this change.

Does YouTube allow fair use in US uploads but blocks these videos in the EU? And so you have many asking, is that even feasible? Also, is it fair to European content creators because they would be hindered by the EUCD? And another big issue is even if fair use was protected, these systems would need to be AI run. And as of right now, it's unlikely that AI can decide

if something is fair use or not. And these large companies would be incentivized to be ruthless. For example, if one of Facebook's 2.2 billion users uploaded copyrighted material without a license and Facebook did not stop it before it got to the site, Facebook would be liable for a fine, so then just multiply that by the number of people

who could just upload whatever to Facebook. But a big thing to note here is this is not the end. Julie Rita from the Pirate Party and a prominent anti-EUCD figure said, "'Now that Parliament and Council "'have adopted their positions, "'we will have one final chance "'to reject upload filters and link tax

"'in the final vote on the directive after Treelock, "'probably in the spring. Talk to your governments, meanwhile save your internet. We also saw the CEO of YouTube responding to this vote on Twitter writing, the opportunity for anyone to earn a living is core to who we are at YouTube. Today's EU copyright vote undermines

the creative economy on the web and we will continue to advocate in the EU and around the world for creators and artists. And what we're going to see is the EUCD will now go to council, meaning members of government from each member state will meet to discuss and vote on the amendment bill. As of right now, because of the breakdown of the votes

in the European Parliament, it is widely believed that the council will also pass the bill with an overwhelming majority. And after that, a final vote will happen sometime in early 2019. Right now, there are reports that it could happen as early as January. And so that's why you have many people thinking

that this will pass here, since it's unlikely that there are going to be any big changes from the council. That is unless the people can get their members to vote. The last vote will be somewhat close to the next MEP elections and if voters can talk to the people currently in power and say this is a big deal to me. It is possible that could motivate an MEP to change their vote. And finally if that also does fail if the EUCD passes in 2019 it won't go into effect until 2021. So during those next elections for European Parliament, you could make good on your threat of voting for someone different.

And maybe some of those new representatives could right the ship before it goes into that iceberg. But ultimately we're going to have to wait and see what happens from here. And that's where I'm going to end today's show. But of course I want these to be more than a show. I want it to be a conversation. So whether it be the last story, the first one,

anything in between, let me know what you're thinking in those comments down below. Also while you're at it, if you like this video, you like these daily dives into the news, hit that like button. If you're new here, hit that subscribe button. Also if you missed either of the two shows from earlier in this week, you can click or tap right there to watch those. But that's it of course as always, my name's Philip DeFranco, you've just been filled in, I love yo faces and I'll see you tomorrow.