Videogame Streaming Platform Twitch Has Needed More Than Button-Mashing To Manage Challenging Legal Issues

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Winston & Strawn LLP

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Winston & Strawn LLP is an international law firm with 15 offices located throughout North America, Asia, and Europe. More information about the firm is available at www.winston.com.
Twitch, a live streaming platform, has become the world's most popular source of videogame broadcasts.
United States Media, Telecoms, IT, Entertainment

Twitch is Not Immune to Legal Issues.
Twitch, a live streaming platform, has become the world's most popular source of videogame broadcasts. However, unlike some characters in games streamed on the platform, Twitch does not have immunity, shields, or extra lives when it comes to facing challenging legal issues.

What is Twitch?
Twitch is an American video live streaming service with roughly 3 million streamers, 15 million daily viewers, and 100 million monthly viewers. Twitch began as the gaming category for Justin.tv, a broadcasting website founded by Justin Kan in 2007. In 2011, Justin.tv spun off Twitch as its own website, which was acquired by Amazon in August 2014 for $970 million.

Twitch is first and foremost a platform devoted to live streaming videogames, including broadcasts of esports competitions for popular games. The platform has expanded to include broadcasts for music, creative content, and even "in real life" streams where gamers broadcast themselves engaged in activities beyond playing videogames.

Big News Legal Issues have Twitch Locked in their Sights.
As the leading platform for streaming videogames, Twitch has become enmeshed with serious legal issues including:

  • #MeToo allegations against popular Twitch streamers for inappropriate conduct occurring outside of the platform;
  • A growing need to combat the use of hate speech or harassment, including imagery containing the Confederate flag; and
  • A tidal wave of Digital Millennium Copyright Act (DMCA) takedown notices issued to Twitch streamers for the use of copyrighted music in their recorded content.

These major legal issues will be the focus of a three-part series on The Play Book. Stay tuned for more!

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