Twitch Counter-Sues CS:GO Streamer Phantoml0rd
Twitch Counter-Sues CS:GO Streamer Phantoml0rd
Phantoml0rd, a once popular CS:GO streamer, may have bit off more than he can chew. In February of 2018, he filed a lawsuit against Twitch stating that they had improperly handled his banning and termination. He alleges that no explanation was given for his termination and that it was only 5 months later that Twitch explained the ban. Twitch has responded by counter-suing Phantoml0rd for the costs of court. If Twitch wins, even just the costs of their lawyers will mount in the hundreds of thousands.
It was gambling like this that caused Phantoml0rd’s initial warnings and eventual banning.
Taking on Twitch was either very brave or very stupid. Twitch is currently the number 1 streaming site in the world. In addition to thousands of popular streamers, it is also the primary host of all major esport events. If that weren’t enough, Twitch is also owned by Amazon, one of the richest and most successful companies on the planet.
In February, when Phantoml0rd made his allegations, his case seemed like it might have some merit. Despite the fact that he had been promoting CSGOShuffle, a CS:GO skin gambling site, he alleged wrongful termination. Phantoml0rd was one of many streamers to fall after Valve cracked down on skin gambling following a number of corrupt and illegal practices related to the activity. Phantoml0rd’s argument was that he never violated Twitch guidelines specifically, and therefore, Twitch had no recourse to ban him (although Valve may have). It looks like he may have been wrong about that.
Twitch points out that their code of conduct states that no stream shall promote illegal activities, which the promotion of skin gambling may have fallen under. Additionally, in July of 2016, Twitch sent out an announcement that gambling activities had been banned by Steam. Twitch then reminded all users that violating a developer’s user agreement violated Twitch’s own code of conduct.
“As a reminder, per Twitch’s Terms of Service, broadcasters are not permitted to stream content that breaks the terms of service or user agreements of third-parties. As such, content in which the broadcaster uses or promotes services that violate Valve’s stated restrictions is prohibited on Twitch. Our Rules of Conduct lists other examples such as playing pirated games and playing on unauthorized private servers.”
Twitch also states that Phantoml0rd was repeatedly warned about his behavior. His first warning came in 2015, and by the time of his ban, eight months later, he had accrued nine more violations.
What the case will come down to is whether or not the courts find Twitch’s policy on third-party agreements a valid argument. If they don’t find it valid, the deciding details will be in Twitch’s specific agreement with Phantoml0rd. Whatever the outcome, it is unlikely to end well for Phantoml0rd. Breaking user agreements, promoting illegal gambling, and picking a fight with one of the most popular gaming sites in the world is hardly a way to make a comeback. And if Twitch should win the lawsuit, he will have much more to worry about than just a ban from streaming.
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