Dexerto says “Stemming from a lawsuit filed against Twitch by streamer James ‘PhantomL0rd’ Vargas, he has now filed a request to a court in California to enforce Twitch to change how it hands out bans.
PhantomL0rd won the initial court case, netting him $20,000 in the process, but he and his lawyers are pushing the case forward demanding Twitch make changes to its policies regarding how it handles its partnered streamers particularly.”
The streaming platform had been very criticized for some of its bans, and surprisingly both for inconsistency and lack of clarity. Phantoml0rd had claimed that Twitch has a secret “strike guide” for there deciding bans.
One of the most important request from PhantomL0rd’s lawyers was that “Twitch cannot permanently or indefinitely suspend partners without providing notice of the reason for the suspension and an opportunity to cure the alleged wrongdoing.”
The judge’s ruling on this request could possibly change how the biggest streaming website on the internet conducts any of its business.
The full list of seven requests made by Phantoml0rd’s team:
- Twitch must lift the suspension of Varga’s Twitch account at http://www.twitch.tv/phantoml0rd.
- Twitch must develop and make available to partners a written policy regulating its discipline of partners. The policy must include rules governing (a) when and how account managers notify partners of rule violations, and (b) what criteria or context Twitch uses to determine when to permanently or indefinitely suspend partners, including mitigating factors.
- Twitch cannot send notices of permanent or indefinite suspensions to partners that list the reason for the suspension as “Other Terms of Service Violation,” or other similar language that does not adequately convey the reason that Twitch suspended the partner. Twitch must include the text of the applicable rule and/or strike guide entry for each such notice.
- Twitch cannot permanently or indefinitely suspend partners without providing notice of the reason for the suspension and an opportunity to cure the alleged wrongdoing.
- Twitch cannot permanently or indefinitely suspend partners for any reason not listed in the partner’s partnership agreement.
- Twitch must cease enforcing the $50,000 limitation on liability included in Section 8.4 of Varga’s Partnership Agreement, to the extent this limitation on liability exists in other partnership agreements.
- Twitch must require that partners scroll through any amendment(s) or modification(s) to its Terms of Service and click a button affirming that they have read the amendment(s) or modification(s) and agree to them before the partners may use the Twitch service.
Changing Twitch forever
If Twitch was forced to give a more publicly detailed guideline for what type of behavior they will ban an account for, it could be a huge win for any streamers who claim they’ve been banned for vague reasons, or no reason at all.
The most infamous Twitch ban was Dr Direspect, whose reason for being banned was not publicly revealed. The Doc himself maintains he also does not know the reason.
If the court actually rules in favor of PhantomL0rd’s request, it could reopen many cases for streamers who had previously been banned.
It is also possible that Dr Disrepect could return to the platform, or at the very least bring some public clarity to his situation.
For streamers on the platform now, it could ensure that they cannot be given unclear reasons for bans, such as “Other TOS violations”.
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