Twitch responds to $25m lawsuit about "suggestive" female streamers - Dexerto
Entertainment

Twitch responds to $25m lawsuit about “suggestive” female streamers

Published: 23/Aug/2020 13:12 Updated: 23/Aug/2020 13:45

by Calum Patterson

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Amazon-owned Twitch has responded to a lawsuit filed against the livestreaming platform, which requested $25 million in damages because of suggestive content on the site. In their response, Twitch has filed for a SLAPP motion.

In June, frequent plaintiff Erik Estavillo filed a lawsuit against Twitch, demanding damages due to claims that the platform had made him suffer through medical problems related to sex addiction, because of the content and algorithms on the site.

Specifically, Estavillo listed the names of female Twitch streamers he sought to be permanently banned from the platform, arguing that they violated the platform’s own community guidelines.

The lawsuit, which was, at points, extremely descriptive, received widespread coverage for its complaints, especially because of the high-figure that was requested in damages.

Twitch files Anti-SLAPP motion

In a response, filed on August 18, Twitch’s lawyers have asked for the complaint to be struck under Anti- SLAPP laws. Anti-SLAPP laws are intended to protect businesses and individuals from essentially baseless legal proceedings. Typically, these are suits only intended to be costly or time-wasting for the defendant, rather than actually seeking victory for the plaintiff.

Twitch has requested that the court strike the plaintiff’s complaint “on the grounds that Plaintiff’s Complaint against Twitch is subject to a special motion to strike under California Code of Civil Procedure § 425.16.”

Code 425.16 refers to “a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances.”

Specifically, Twitch states that Estavillo’s claims “violate California’s SLAPP statute, C.C.P. § 425.16. Plaintiff’s Complaint attempts to limit Twitch’s right to decide what content to allow or not allow on its service, which falls squarely within Twitch’s protected constitutional right of free speech.”

Alinity in lawsuitAlinity was just one of the streamers named in Estavillo’s complaint against Twitch.

“Fortunately, California’s SLAPP statute provides a mechanism for protecting against abusive lawsuits such as this one,” Twitch continues. “Because Plaintiff’s Complaint arises directly from content available in a public forum and acts in furtherance of speech about matters of public interest, the SLAPP statute shifts the burden to him to present admissible evidence substantiating his claims.”

Twitch states that Estavillo’s complaint does not meet this burden to “establish a probability that he will prevail on his claims,” for two reasons:

  1. Plaintiff’s Complaint is barred in its entirety by the federal Communications Decency Act, 47 U.S.C. § 230(c).
  2. Even if not barred by the Communications Decency Act, Plaintiff’s Complaint fails to state a viable claim under California law.

Twitch also notes that it is protected from such claims, as its Terms of Service state it “takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Twitch liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, p****graphy, or profanity you may encounter when using the Twitch Services.”

You can read Twitch’s full response here:

They also highlight the plaintiff’s history of prior lawsuits against major tech companies, and use quotes from his book, The PSN Plaintiff, such as bragging he has made “a pretty decent online presence in the light of my lawsuits.”

If the plaintiff cannot meet the burden of evidence showing they can win the suit, then the case will be dismissed under Anti-SLAPP proceedings. Anti-SLAPP statutes often allow the defendant to collect attorney’s fees from the plaintiff.

Entertainment

Joe Rogan stunned by Matthew McConaughey’s insane weight loss story

Published: 23/Oct/2020 15:36

by Georgina Smith

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Joe Rogan was left shocked after hearing the crazy lengths that hugely popular American actor Matthew McConaughey’s went to to lose 50 pounds for his role in Dallas Buyers Club.

Joe Rogan has seen his fair share of top billed guests make his way into his podcast studios, both new and old. Some of his most well known guests include Elon Musk, Post Malone, and other famous faces across YouTube, business, Hollywood, and just about every conceivable entertainment sector.

He even recently set up a long anticipated episode with Kanye West, but their meeting was promptly cancelled along with several other episodes after one of the staff members revealed he needed to self-isolate.

However, fans of the podcast were treated to a huge celebrity from an entirely different industry in a prerecorded episode – actor Matthew McConaughey.

Poster image for the film Dallas Buyers Club
Truth Entertainment / Voltage Pictures
The 2013 was an enormous success, largely thanks to Matthew McConaughey’s highly regarded performance.

Matthew McConaughey on the Joe Rogan Experience podcast

Matthew has starred in films such as the Wolf of Wall Street, Contact, and of course 2013 film Dallas Buyers Club. He enacted AIDS patient Ron Woodroof’s heartbreaking story, and underwent an enormous physical transformation for the role.

As he shares with Joe Rogan, the actor lost over 50 pounds in the process of preparing for the challenging acting experience, dedicating himself to accurately portraying the story as true to life as possible.

“I weighed 135. And you know this, I was not torturing myself,” Matthew explained. “I was militant. The hardest part was making the damn choice. It was my responsibility.”

Topic begins at 1:19

With regard to the process of losing the weight, the actor said that he gave himself five months of a diet consisting of “tapioca pudding or whatever, three egg whites in the morning. Five ounces of fish couple vegetables for lunch, five ounces of fish couple vegetables for dinner.”

He said this is the diet that caused him to lose an insane 2.5 pounds a week, without any exercise. However, Joe was shocked to hear that Matthew was able to drink “as much wine as he wanted to drink,” joking “what kind of diet is this?”

“What I learned from it is that the body is more resilient than we give it credit for. The power I lost from the neck down equally or more sublimated to the neck up. My mental gain was so acute and so on point, that I was clinically smart.”

The incredible story was an insight into just how dedicated the beloved actor is to his roles, and certainly stunned Joe and the podcast viewers.