Videogame Streaming Platform Twitch Has Needed More than Button-Mashing to Manage Challenging Legal Issues

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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About Winston’s Videogame, Gaming & Esports Group
Recognizing that emerging industries require bespoke lawyering, David Enzminger formed and lead Winston’s Videogame, Gaming & Esports Group to provide comprehensive legal solutions to companies in these industries. This multidisciplinary group includes more than 60 lawyers across 10 practices working seamlessly to assist companies in these industries in all areas, including managing IP portfolios, assisting esports companies establish global sports leagues, selling franchises, and developing proactive legal solutions for issues that arise from league operations. We represent videogame publishers in antitrust matters and represent both rights owners and gaming companies in licensing issues for game content. In addition, our team helps electronic game clients prepare for all types of regulatory and public scrutiny issues, such as corporate governance, data privacy, and harassment/discrimination claims that are sure to come as the industry continues to grow in both size and influence. Our offices in New York, Silicon Valley, Los Angeles, Shanghai, and Hong Kong provide gaming clients with a global platform for their complex and evolving legal needs.