1 Erik Estavillo

3284 Cortese Circle

2 San Jose, CA. 95127
(408) 593-1226
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webbbnet@aol.com
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SANTA CLARA
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9 Erik Estavillo, CASE NO. 20CV367206
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Plaintiff,
11 SEPARATE STATEMENT FOR
vs. SUBPOENA & SUPP. TO
12 COMPLAINT
Twitch (of Amazon Inc),
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Defendant. JURY TRIAL DEMANDED
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17 1. Motion to Compel: Subpoena of Twitch CEO Emmett Shear

18 Emmett Shear is the founder and CEO of Twitch (www.twitch.tv), the world’s leading video
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platform and community for gamers. Mr. Shear is also the co-founder of Justin.tv and a part-time
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partner at venture capital firm Y Combinator where he advises fledgling startups on product and
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strategy. Mr. Shear is embedded in a lot of controversy right now for ignoring verifiable reports
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23 of Twitch streamers violating, not only Twitch’s Terms of Service, but also applicable California

24 State Laws in regards to animal abuse by Alinity Divine, along with racial rantings and Pornhub
25 sharing by popular streamer Pokimane, all this occurring while Mr. Shear continues to “laugh”
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off sexual abuses occurring on his Twitch platform by higher-up staff such as Hassan Bokhari,
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where it has been reported Mr. Shear was, “…asked in an All Hands meeting about partners
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 1 using their platforms to abuse in which he “He chuckled, said ‘wow, the things that go on our

2 platform, can’t really comment,’ & moved on.” As per an article on VG247 investigating sexual
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abuses occurring at Twitch’s Head Offices - https://www.vg247.com/2020/06/22/twitch-ceo-
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abuse-partners/
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For these reasons, I humbly ask the court to grant the subpoena of Twitch CEO Emmett
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7 Shear to provide the requested documents listed in the subpoena in regards to all matters listed

8 above and to appear at all Court hearings that are to occur in person in order to answer
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questions by the Plaintiff.
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2. Twitch’s Responsibility/Disintegration of Twitch’s Competitor: MIXER
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12 During the first quarter of this year, Twitch broke 3 billion total hours watched for the first

13 time. The momentum has continued from April through June as it surpassed 5 billion total hours

14 watched for a single three-month span. A new report from Streamlabs showcases just how

15 popular Twitch has gotten during the coronavirus (COVID-19) pandemic as it previously
16 averaged 2.7 billion hours watched last year. None of its competitors came close to matching its
17 viewership as YouTube Gaming hit 1.5 billion hours and Facebook Gaming maxed out at 822
18 million, which is triple the amount it had last year. Microsoft's now-defunct Mixer service came
19 in fourth with only 106 million hours watched during the second quarter. Prominent streamers
20 such as Shroud and Ninja, who reportedly made over $20 million to move to Mixer, could be
21 switching back to Twitch and help boost it further. Twitch led in other key analytics, as well.
22 Nearly 10 million unique channels streamed 192 million hours of content, which is more than
23 double the previous quarter. – As per Gamespot.
24 Because of these numbers, Twitch has a bigger responsibility to protect teens under the
25 age of 17 and children under the age of 13 from such sexually suggested material as displayed in
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the original complaint. However, with Mixer now being defunct, Twitch is acquiring most of
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Mixer’s streamers as many will choose not to go to Facebook Gaming, which will only result in
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more sexually suggestive women infiltrating the Twitch platform with the sole purpose of
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 1 sexually seducing young minds and the mentally unstable, which Twitch will allow for the single

2 reason of improving profits and their bottom line, at the expense of the viewer.
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4 3. Ongoing Sexual Misconduct by Twitch Staff:
5 Twitch’s director of partnerships, Hassan Bokhari, is among the more than 130 people in
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the streaming and gaming industries who have been accused by name of sexual misconduct this
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month. Vio, a Twitch partner creator with 46K followers, tweeted allegations that Bokhari had
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used his position at the company to obtain her contact information, pressured her into meeting
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10 him in person, coerced her into sending him nude images and then shared them without her

11 permission, and sexually assaulted her numerous times.

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“He would try everything to get me alone with him, whether it was in a room or an empty
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hall, and when he did, he would try to get physical,” she wrote. “I would immediately shy away
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and tell him no, which he would never respect…Eventually he managed to pressure me into oral
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16 sex. By PAX West 2015, he managed to pressure me into sex.”She added, “I said no more times

17 than I can count, but each time Hassan took no as ‘convince me.’” Vio also alleges Hassan was
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aware that Luminosity, a Twitch partner with 156K followers who’s known for streaming first-
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person shooter Destiny, was soliciting nudes from fans, and apparently did not act on that
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knowledge. Luminosity issued an apology this week to his former girlfriend RionQT (an Apex
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22 Legends streamer with 5.6K followers) after she publicly accused him of using his “popularity

23 and community to slide into girls (sic) direct messages to get nudes.” She was one of the people
24 who sent him naked images, she said. As per a report via TubeFilter –
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https://www.tubefilter.com/2020/06/26/twitch-hassan-bokhari-alleged-abuse-partners/
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 1 4. Dr. Disrespect and Unfair business practices

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Guy Beahm, better known as Dr. Disrespect, was one of the biggest names in streaming up
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until last week, leveraging an over-the-top, aggressive fictional persona to widespread success,
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earning him millions of followers on the site, an exclusivity deal, and even book and TV
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deals. That’s all in question now, because last week his channel disappeared with little
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indication why. All we got was a standard statement from Twitch about the code of conduct, and
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a statement with no specifics from Disrespect himself:
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15 Twitch, the Amazon-owned market leader when it comes to video game streaming. After a

16 wave of allegations of sexual misconduct, the service has begun banning even some of its most

17 prominent streamers, answering past accusations that the company did not apply its code of

18 conduct equally across large and small streamers. Arguably its biggest move was to suspend the

19 account belonging to President Donald Trump’s campaign, banned for hateful conduct—not the

20 largest account on the site by any means, but arguably the highest-profile in a larger sense. One

21 of the largest bans, however, remains a relative mystery. And so, for the past few weeks, the

22 gaming and streaming community have been asking themselves one big, unanswered question:
23 why was Dr. Disrespect banned from Twitch? Because of this, the Plaintiff is humbly requesting
24 documents as pertaining to why Dr. Disrespect was permanently banned from Twitch in order to
25 deem if it was for a fair, valid, and legally binding reason. But if not, Plaintiff demands that
26 Twitch hand over all documents via the Custodian of Records at Twitch on reasons as to why Dr.
27 Disrespect was permanently banned for the public to know via the Freedom of Information Act.
28 Twitch continues to distort the truth as can be seen in their latest statement regarding his
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 1 permanent ban, supposedly due to violations of Twitch’s TOS, but as many are reporting the real

2 reason having to due with freeing up money to buy bigger streamers known as Ninja and Shroud.
3 Twitch stated, "As is our process, we take appropriate action when we have evidence that a
4 streamer has acted in violation of our Community Guidelines or Terms of Service. These apply
5 to all streamers regardless of status or prominence in the community.” Beyond that, there’s little
6 indication of what’s going on. Some other brands also appear to have scrubbed Disrespect from
7 their licensed offerings, but he still remains elsewhere. Criminal charges are a possibility, but
8 ESPN did not find any warrants, arrests or charges in Los Angeles or San Diego counties. The
9 ban is widely rumored to be permanent (for violating TOS), but even that is still unconfirmed.
10 Because of this, Twitch is engaging in Unfair Business Practices both on the local and
11 Californian state level and as is further defined:
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“Unfair competition and deceptive business practices hurt small businesses and
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consumers by causing economic loss and damaging our ability to shop and conduct
14 basic transactions with an assurance of quality and basic fairness. Fortunately,
California has laws in place to protect consumers and businesses from such
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misleading tactics. The attorneys at Rounds & Sutter know these laws and fight to
16 protect the rights of consumers and small businesses from unlawful activity
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throughout Southern California.

18 Protecting Businesses from Unfair Competition

The California Unfair Practices Act, beginning at Section 17000 of the California
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Business & Professions Code, prohibits unfair competition and “any unlawful, unfair
20 or fraudulent business act or practice and unfair, deceptive, untrue or misleading
advertising.” A merchant who violates the Unfair Practices Act can be assessed a
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civil penalty up to $2,500 per violation, as well as an additional penalty if the victim
22 is a senior citizen or is disabled. Two of the most common types of unfair practices
are:
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 Loss Leader – selling an item at less than cost in order to promote the
24 purchase of other merchandise, deceive customers or harm competitors
25  Locality Discrimination – selling a product at a lower price in one section or
community than in another place without adequate justification
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 1
Protecting Consumers from Deceptive Business Practices
2 California consumers can find protection from unfair and deceptive business
3 practices regarding the sale of goods or services in the Consumers Legal Remedies
Act (CLRA). The CLRA prohibits a long list of deceptive practices, including:
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5  Passing off goods or services as those of another
 Misrepresenting the source of goods or services
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 Misrepresenting the affiliation of another
7  Misrepresenting the geographic origin of goods
8  Misrepresenting the approval, ingredients, uses, or benefits of goods or services
 Misrepresenting goods as original or new
9  Misrepresenting goods or services as of a particular standard, quality, or grade
10  Disparaging the goods, services, or business of another by false or misleading
representation of fact
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 Advertising goods or services with intent not to sell them as advertised
12  Advertising goods or services with intent not to supply reasonably expectable
demand, unless the advertisement discloses a limitation of quantity
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 Representing that a part, replacement, or repair service is needed when it is not
14  Misrepresenting that the consumer will receive a rebate, discount, or other
15 economic benefit
 Misrepresenting the authority of a salesperson to negotiate the final terms of a
16 transaction with a consumer
17  Certain unsolicited prerecorded telephone messages
 Certain home solicitations to senior citizens
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19 Consumers who are harmed by any of these practices can take the merchant to
court and sue to stop the unlawful practice and recover actual damages as well as
20 punitive damages where appropriate. Many consumer law attorneys will take the case
21 on a contingency basis, seeking fees and costs from the other party if successful.”
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27 Twitch continues to be in constant violation of the California Unfair Business Practicing Act

28 by having publicly facing documents as seen here in regards to the Twitch CEO in response to a
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 1 whole terrible week of news items, but continuing to put out tweets, personal emails, and email

2 chains that talk about what he is doing to keep such negative/sexual content off of their service
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and bad actors from enabling things on their service. He continues to use this as marketing and
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therefore, to this extent, he and Twitch have legally failed and caused deliberate, willful, and
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gross negligence – therefore violating applicable California Unfair Business Statutes. Therefore,
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7 Twitch is being very deceptive and continues to commit false advertising and unfair business

8 practices.
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Twitch continues to go out with this marketing and utterly fails by not legally abiding to
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the pertinent part(s) of their own Terms of Service as is listed below:
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“Nudity, Pornography, and Other Sexual Content”
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“We restrict content that involves nudity or is sexual in nature, and are committed to
13 ensuring that Twitch is not used for sexual exploitation or violence. To provide more clarity
around these policies and how we review reports of such content or activity, we’ve provided
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additional details to complement our Community Guidelines in the sections below.
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While we understand that some nudity or sexual content might be intended for educational,
16 scientific, artistic, newsworthy, or academic purposes, we restrict this content due to the
diversity in age and cultural backgrounds of our global community. We may, in limited
17 educational and artistic contexts, make pre-approved exceptions to these policies. Going
forward, Twitch will continue working on ways to safely support nudity and sexual content in
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these particular contexts.
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 Sexual Violence and Exploitation
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 Sexually Explicit Content
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 Sexually Suggestive Content
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 Nudity and Attire
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 Nudity and Sexual Content in Embedded Media and Games
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 Additional Restrictions
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 Reporting Sexual Content Violations
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Sexual Violence and Exploitation
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Sexual violence and exploitation are strictly prohibited and may be reported to law enforcement.
28 Examples include, but are not limited to:

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 1  Sexual assault and molestation, or content that encourages or promotes it

2  Content containing a person in a state of nudity or engaged in sexual acts

3  Sharing or threatening to share sexually suggestive or explicit content (audio or visual)
without permission of the person depicted, including revenge porn.
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 Unsolicited offers, solicitation, demands, bribes, or blackmail for sexual content and
5 services
6  Sexual services, including prostitution, escort services, sexual massages, and filmed
7 sexual activity

8  Any nudity, sexual content, sexual violence, or sexual exploitation that involves minors,
appears to involve minors, or depictions of minors, or content that encourages or
9 promotes pedophilia”
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6. Twitch illegally promotes Porn Site OnlyFans.Com
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OnlyFans is a content subscription service based in London. Content creators can earn
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money from users who subscribe to their content—as the "fans". It is popular in the adult
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27 entertainment industry, but also hosts content creators from other genres, including such popular

28 Twitch streamers such as Amouranth and Pink_Sparkles among others, i.e. physical

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 1 fitness experts and other creators who post regularly online. It allows content creators to

2 receive funding directly from their fans on a monthly basis as well as on tips and the pay-per-
3 view (PPV) feature. For a more a detailed analysis on how OnlyFans.com operates, here is an in-
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depth article from The New York Times:
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“Every day, hundreds of men pay Dannii Harwood to enact their sexual fantasies and boost
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their self-esteem. Sometimes her clothes come off. Sometimes she dresses up as a nurse or a
7 dominatrix. If a guy is a regular customer, she likely knows his birthday, the names of his
children and his pets — even when to call after a surgical procedure. He may pay her to help
8 him achieve an orgasm, though she is not a prostitute. He may purchase erotic videos from her,
though she is not a porn star. Ms. Harwood is one of the top earners on OnlyFans, where
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subscribers — mostly male; straight, gay and beyond — pay models and social media
10 influencers a fee, generally $5 to $20 a month, to view a feed of imagery too racy for Instagram.
With that access, subscribers can also direct message and “tip” to get pictures or videos created
11 on demand, according to their sexual tastes. Models who join the site often presume that their
subscribers will increase in number if they post more often and make the content more explicit.
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The “more often” part is true. The “more explicit” part is not. At a time when anyone with a
13 smartphone or small studio can become his or her own pornographer, and content is often free,
the hottest site in the adult entertainment industry is dominated by providers who show fewer sex
14 acts and charge increasing fees depending on how creative the requests get. That’s the first
paradox at the center of the OnlyFans phenomenon.
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16 Jem Wolfie and Matthew Camp, Businesspeople
The most popular OnlyFans personality is Jem Wolfie, of Perth, Australia. She can’t help but
17 laugh when people call her a “fitness model.” As she noted in an interview, “70 percent of my
18 fans are men.” So the bulk of them aren’t looking for exercise tips, although she may provide
them, for an added fee (along with healthy recipes — she used to be a chef).According to
19 OnlyFans, she has 10,000 subscribers who pay $10 a month for access to a feed in which she
shows off her Kardashianesque proportions, squatting in really tight leggings and squeezing her
20 breasts together, strategically covering her nipples. “I’m a thick girl,” she said matter-of-factly. It
21 doesn’t go much further than that:

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Matthew Camp at his home in Hudson, N.Y.Credit...Matt Grubb for The New York Times
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“Basically, OnlyFans is online go-go dancing,” said Matthew Camp, a 34-year-old
16 model on the men’s side who broke into the business a decade ago writhing on platforms around
downtown Manhattan for the party promoter Susanne Bartsch. If the four main quadrants of the
17 gay approval matrix were daddy, twink, bear and boy next door, he seemed to sit smack in the
center, not falling neatly into any of those categories but appealing to the potential audiences for
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each. With a G-string and a strobe light, he could make as much as $1,000 on a good night.
19 Porn studios like Lucas Entertainment began calling. Mr. Camp was intrigued. “Having sex for
money is appealing,” he said. But $1,000 seemed low for something that would sit on the
20 internet and brand him for life as a porn star. So he turned them down and instead used a PG-13
feed on Instagram to build a following of more than half a million. About a year ago, as the club
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scene continued its slow death, he moved to Hudson, N.Y., and signed up for OnlyFans. Weeks
22 often went by without him posting a single picture or video. He didn’t show a full penetrative sex
clip for the first nine months, yet he still regularly took home more than $10,000 a month.
23 “Tumblr was filled with the most extreme sexual experiences you could see,” he said. “And I
think a lot of people were turned off by that. It’s not what they’re looking for. They want more
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intimate experiences. They want a boyfriend experience. They want to fantasize about someone
25 that they want to have sex with and not feel disgusted by it.”

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How (Twitch and..) the Internet Destabilized Pornography
27 From the late 1990s to the early 2000s, dreamers in the porn industry, centered in the San
Fernando Valley of California, openly described their multi-million-dollar futures in the
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business. There was actually a history of this happening, at least for a small number of models
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 1 signed to lucrative long-term contracts with studios like Vivid and Wicked They could make
north of $5,000 a scene and shoot a couple of those each week, according to Brian Gross, a
2 well-known industry publicist. That income could be supplemented with five-figure sums doing
nightclub appearances around the country on the weekends, he said. Jenna Jameson — the Julia
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Roberts of straight porn — even parlayed her notoriety into a memoir released by
4 HarperCollins, “How to Make Love Like a Porn Star: A Cautionary Tale,” which was a New
York Times best seller. The title turned out to be eerily prescient. As its publisher, Judith Regan,
5 pointed out: “Porn went the way of all media.” It turns out, everyone could do it. Except that
because porn was an industry of people already living on the margins of society, the effects for
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the performers were in many ways worse. The primary culprits were so-called tube sites:
7 YouTube-like platforms that aggregated stolen pornographic content, disseminated it for free
and sucked up revenue from banner and video ads:
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17 Jem WolfieCredit...Lauren Fleishman for The New York Times
Since porn studios did not have the capital or political connections to sue their most
18 threatening adversaries out of business (as the record industry did), rates for scene work
dropped. Fewer scenes were shot overall. Eventually, the studios began selling themselves to the
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tube sites at fire-sale prices.It was as if the entire music business had been subsumed by Napster.
20 By 2015, a handful of companies were able to exert monopolistic control over the industry.
MindGeek is the biggest player of all. The crown jewel of its empire is Pornhub (perhaps the
21 most popular tube site in the world), which is supplied with content from numerous in-house
production companies of the straight (Brazzers.com, Reality Kings) and gay varieties
22 (SeanCody, Men.com).MindGeek knows all about porn habits by doing comprehensive data
23 analysis. It has shown less of an affinity for the product or the people who appear in it. The
MindGeek website makes no reference to the fact that the overwhelming majority of its
24 customers are consumers of hard-core pornography. The technocrats who built the company got
rich. Many of the performers who helped enable their success became prostitutes, offering their
25 services on websites like RentMen.com and The Erotic Review when scene work ceased to be a
26 viable way to make a living. It’s a fitting but unfortunate parable in an era of rampant economic
inequality.
27 “If you have a known name, it’s much easier to market your services,” said Dirk Caber,
a porn star who has filmed close to 40 scenes for MindGeek’s most popular gay site, Men.com,
28 since 2013. Most of his income comes from his work as an escort, because this scene work pays
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 1 so little. “The whole industry did a 180,” Mr. Gross said. “When I started, there were actually
websites that would out famous porn stars if they escorted, because it was shocking, for lack of a
2 better word. Now, all talent is looked at as if they are escorts, and those who aren’t have to come
out and say so.”
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4 Your ‘Online Girlfriend’
One alternative to escorting is webcamming. In England, there are even TV stations, like
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Playboy and Babestation, on which models talk live with thousands of customers and earn
6 several hundred dollars a day. That’s what Ms. Harwood did before OnlyFans came along. She
grew up in Wales, with a mother who stocked supermarket shelves and a father who was a
7 factory worker. It was a “typical working-class” household, she said recently, while on a
vacation in New York that included a trip to the 9/11 memorial and the taking of many hotel
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room selfies. As a little girl, Ms. Harwood was a relentless attention seeker, the sort who
9 appeared in school plays, competed in beauty pageants and studied dance. She also had
reservoirs of empathy that would serve her well later in life. She could spot pain in others and
10 find ways to make them feel better. She also was capable of identifying her limitations and
finding ways to chart new paths for herself.“
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I was raised well,” she said. She studied dance at Laine Theatre Arts, a prestigious
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drama and dance college near London. Then, “I went to audition after audition,” she said.
13 “Eventually, I realized I wasn’t good enough. And it was quite hard to accept at first.” Around
2005, Ms. Harwood posed topless on Page 3 of The Daily Sport, a second-tier British newspaper
14 that she said “was popular with day laborers and construction workers.” This apparently
included the guys her father worked with. One morning, he went into work and saw the picture of
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his daughter plastered to his locker. On her face, his colleagues had drawn his mustache and
16 glasses. That’s how he found out she was modeling nude. That’s why he warned her about being
disowned. Ms. Harwood felt terrible. Although she likes taking off her clothes for other people,
17 she seems driven less by the desire to transgress than the desire to please. If she were
reincarnated as a Disney character, she’d be Jessica Rabbit, not Miss Piggy. But it wasn’t like
18 her father had the money to support her. His warning was sort of an empty threat. So she kept
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25 Dannii HarwoodCredit...Molly Matalon for The New York Times
In 2011, Ms. Harwood worked for a soft-core site called GlamGirls and became friendly
26 with its owner, Tim Stokely, an earnest technocrat who looks like Mark Zuckerberg by
way of Savile Row. Soon after, Mr. Stokely founded a site called Customs4U, which Ms.
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Harwood said, lightheartedly, may have been her idea and was like OnlyFans in beta.
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 1 The pitch was to offer horny guys the ability to become their own directors, ordering
specially made videos from their favorite models. It sputtered along while Instagram — which is
2 free and doesn’t allow full nudity — took off. Then Mr. Stokely had his light bulb moment: Why
not find a way for influencers to directly monetize their content. The platform — OnlyFans —
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would be similar to Instagram or Twitter except fans would have to pay a monthly subscription
4 to view influencers’ content and interact with them. It would therefore be a natural bolt-on to the
influencer’s existing social media. A free feed on Instagram or Twitter could promote and drive
5 traffic to the subscription-only feed onOnlyFans. Eighty percent of the fees collected for each
feed would go to the provider. Twenty percent would go to OnlyFans (although after merchant
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and processing fees, Mr. Stokely says its take is around 12 percent). This is roughly the same
7 arrangement Uber has with its drivers, except that OnlyFans didn’t push performers toward
poverty by dictating the prices they could charge. When OnlyFans started, in 2016, Ms.
8 Harwood was one of just 10 models who sought subscribers. She didn’t think much would come
of it initially. Her earnings for the first month were $257.Then, the site added features enabling
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models to create custom content.
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Ms. Harwood got inventive. She introduced themed days like Mistress Mondays and Dare
11 Dannii Tuesdays, when men bid to watch her drive around town in her underwear and order a
pizza to her home, whereupon she would answer the door naked. She also chatted with fans
12 daily, learning their habits, their sexual predilections and their insecurities. “You can get porn
for free,” she said. “Guys don’t want to pay for that. They want the opportunity to get to know
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somebody they’ve seen in a magazine or on social media. I’m like their online girlfriend.” Ms.
14 Harwood took out her phone and showed evidence of her theory. She brought home $29,420.47
in August, $34,303.24 in September, $52,693.29 in October and $52,760.49 in November.
15 Although OnlyFans has brilliantly capitalized off the life’s work of exhibitionists, it is run by
people whose most apparent trait is opacity. That’s the second paradox at the center of its
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existence. There is no website for Fenix International Limited, which is the parent company of
17 OnlyFans. It does have a publicist, Daniel Blythe, who largely helps the men behind it avoid
interviews. When I first contacted Mr. Blythe, in November, informing him of my intention to
18 write about OnlyFans, he was affable as could be for a man with no intention of disclosing the
names of his clients, much less submitting them to an interview. When I did discover Mr.
19 Stokely’s name and portions of his back story, with a little help from someone on Reddit, Mr.
20 Blythe offered the warmest of congratulations.

21 “Refreshing to know that investigative journalism isn’t dead,” he said. Still, the best he
could offer were written responses to questions for Mr. Stokely, the company’s chief executive.
22 The answers were maddeningly vague, but Mr. Stokely did say that he works at Fenix with his
father, Guy Stokely, who, before becoming its chairman, was an investment banker with
23 Barclays, the storied British bank. Mr. Stokely also confirmed that one of Fenix’s directors is
24 Leo Radvinsky, a 2003 Northwestern University graduate who went on to start MyFreeCams
(one of the industry’s largest chat sites) and who has been a defendant in three lawsuits related
25 to phishing attempts and patent infringement. (Mr. Blythe said he could not comment on the
status of those lawsuits because they “do not pertain to OnlyFans.”) Mr. Stokely is eager to take
26 OnlyFans out of the pornography niche and make it a platform for all sorts of influencers and
27 audiences. One hurdle is that there is no iPhone app. The platform as it exists now likely runs
afoul of Apple’s restrictions on “overtly sexual or pornographic material.” And even if Apple
28 did allow an OnlyFans app, the fees — 30 percent — would certainly be a problem, Mr. Stokely
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 1 said. He would have to pass along those expenses to performers. Technical problems on
OnlyFans also threaten its longevity and help explain why synonymous sites, such as JustFor.
2 Fans, have managed to siphon off considerable numbers of performers and revenue. Still,
Chanel Santini, a 21-year-old performer who has been with OnlyFans for more than a year and
3
earns at least $8,000 a month in subscription revenue, can’t muster serious complaints. Not
4 when she experienced the alternative. She grew up in Albuquerque with a single mother who was
a hairdresser. Ms. Santini came out as transgender when she was a teenager. That got her
5 thrown out of the house. She never finished high school. In 2015, Ms. Santini moved to Las
Vegas and took a job as a clerk at Hollister, the clothing chain. Even in a city with a fairly low
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cost of living, it wasn’t enough. So she started doing porn, filming scenes that paid as little as
7 $400, which then led to escorting. She worked for a madam who stole her money, she said, and
threatened her with violence.
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With popular feeds on Instagram and Twitter, Ms. Santini’s name got bigger. OnlyFans
9 started and she signed up. A couple of weeks ago, she burst into tears over the phone while
recalling her first pornographic shoot. There, a director had told her that the only way to make a
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living in porn was to also be a prostitute. “He said that straight to my face,” she said. “Now, I
11 just want to run into him again, so I can say, ‘Well, here I am. I’m pulling in tens of thousands of
dollars every month just posting content online. I don’t have to escort anymore. I don’t have to
12 do that. Guess you were wrong!’”
13 In conclusion, since many popular female streamers such as Amouranth and Pink_Sparkles
14 continue to advertise their OnlyFans on Twitch; Twitch is therefore is engaging in illegal
15 behaviour by promoting Porn via their Platform/Website.
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7. Supplemental Facts in regards to Sexually Suggestive Material on Twitch:
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18 As can be viewed and easily proved of the Plaintiff’s continuing deterioration due to

19 Twitch, the plaintiff is now following 857 female streamers as can be verified by going to

20 https://twitchinsights.net/followlist and typing the plaintiff’s username: therealerikestaviIlo.

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The plaintiff is ashamed of the previous admissions to his behaviour, but due to Twitch’s
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constant sexually suggestive material, the plaintiff deems it necessary to share 3 more examples
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as to his sexually addictive deterioration due to Twitch’s lax policing of its platform and must
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25 now regretfully display more examples of harm on three different occasions that the plaintiff did

26 indeed suffer at the hands of Twitch:

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 1 d) The Plaintiff once cyber-ported Twitch porn star’s Miamalkova’s livestream through
his Windows Mixed Reality Headset so that he could feel as close to her as possible
2 and view her in an array of realism as she played “Catherine Full Body,” but as the
plaintiff arose from his chair, he accidentally tripped on the headset’s wiring and fell
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backwards pulling his gaming chair and other items down crashing onto him, injuring
4 his balls.
e) The Plaintiff once was watching Loeya, who is a popular Fortnite streamer, when he
5 decided to donate to her so that she would only say his name and therefore by doing
this, within the Plaintiff’s mind, would complete his life. However, he never got a
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response from her. This gave the Plaintiff extreme diarrhea due to his Crohn’s. And
7 being utterly shattered for the day, decided to make said feelings go away by playing
some PlayStation VR. However, during the virtual reality session the Plaintiff had to
8 wear diapers which made gaming extremely difficult. He chose not to waver in his
endeavor to feel better. The diapers ended up bursting as he was just finishing to
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shoot a zombie in the head in the game “The Walking Dead: Saints and Sinners”. And
10 after slipping on his diarrhea, the plaintiff vowed to never play with extreme diarrhea
again.
11 f) The Plaintiff once was cos-playing as a popular anime character known as Vegeta
while masturbating and dancing in-sync to Twitch streamer Gavrillka, who reminded
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the plaintiff of an older version of Asuna Yuuki. However, while trying to masturbate
13 and dance at the same time to the song “She drives me crazy” by the Fine Young
Cannibals, Mr. Estavillo accidentally spilled some Mt. Dew and Doritos all over the
14 floor, which caused his parents to come rushing in thinking he had died or something;
only to find him in full costume masturbating to said Twitch Streamer, causing
15 extreme humiliation to the point of death.
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17 8. Other Controversies involving top female streamers Alinity, Pokimane, InvaderVie

18 CinCinBear, and Twitch Pole Dancers/Strippers

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In regards to the already aforementioned reasoning for the legal subpoena of documents
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and appearance of Twitch CEO Emmett Shear; these are the controversies for which he
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should be forced to answer for.
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23 1) Alinity Divine’s Animal Abuse:

24 Alinity is a Twitch live streamer. Her name is derived from her most frequently played
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and broadcasted game, World of Warcraft. She has amassed more than 1.1 million
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followers to her Twitch live streaming channel. Alinity has come under fire from fans
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 1 after apparently 'throwing' her cat during a live stream - with many condemning her

2 actions as an example of 'animal abuse'.

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 1 Here was PETA’s (People for the Ethical Treatment of Animals) official response to

2 Alinity and the said act:

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13 Another picture of her abusing animals by letting her dog eat her crotch on a Twitch Live
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Stream:
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 1 Alinity has also been seen feeding vodka to her cat as can verified in the pictures below:

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 1 2) Imane Anys (born 14 May 1996), better known by her online alias Pokimane, is a

2 Moroccan Canadian internet personality. As a Twitch streamer and YouTuber, Anys

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is best known for her live streams on Twitch, where she showcases her video gaming
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experiences, most notably in League of Legends and Fortnite. Here is evidence of
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Pokimane’s sharing of porn and her racial rantings involving the word “Nigger” on
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7 more than one occasion and the sharing of pornographic material to children while

8 livestreaming on Twitch; in which Twitch has not taken action against her as of yet.
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 1 And here is evidence of her using racially charged wording while Twitch does nothing to

2 punish their sexually suggestive female streamers.

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14 Her admission to the said racial event above, is listed here below:
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 1 3) InvaderVie is a Canadian Twitch streamer based in Toronto. The streamer spends

2 most of the time playing video games and sharing it online. Thighranosaurus Rex is
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the full name of the streamer. The streamer is in her early thirties but she looks
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younger and most of her audience says that. However, InvaderVie takes advantage of
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6 sexually addictive viewers by demanding they donate money, subscribe to her, or pay

7 bits. And if they didn’t, (they) were idiots for not managing their money well. Twitch
8 excused her bad behaviour and did nothing despite it violating Twitch’s TOS, since
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it’s illegal to coerce children into providing money or using their parents’ credit cards
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to donate, subscribe, or cheer bits without previous prior parental consent; especially
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12 done through sexual coercion as InvaderVie committed on a Twitch Livestream.

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23 4) CinCinBear is best known as a Twitch Star. She is known for her live streaming of
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the World of Warcraft and Minecraft game franchises on her eponymous channel.
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She and fellow Twitch star BarcodeStreams are both known for their Minecraft
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27 uploads to their respective channels. She began streaming on June 8, 2014. Prior to

28 that, she had experimented with streaming from her laptop, which could not handle

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 1 the technological demands of streaming. And as you can see below, she engaged in

2 sexually suggestive material with Twitch’s full knowledge and without punishment.
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She promoted her dirty and used panties in which she publicly admits to “cumming”
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in order to sell it on the dark market to anyone sadly desperate enough to buy said
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20 underwear. Of which, unfortunately, the plaintiff did not have the funds to acquire them

21 himself. This is all bad behaviour on Twitch’s part and in violation of TOS for not
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preventing said events from occurring, or in the very least, punishing CinCinBear and
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other bad actors from promoting highly sexualized products via the Twitch Platform or
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through OnlyFans.com for teens and children to purchase. Proof of said event can be
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26 found here - https://thothub.tv/2019/11/14/cincinbear-onlyfans-used-panties/

27 5) Twitch allowing Pole Dancers/Strippers to operate on their Platform/Website. A

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number of female twitch streamers continue to get away with overtly sexual content
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 1 without punishment as can be gleaned from these very popular Pole Dancers on

2 Twitch.
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Twitch Streamer – Nalopia
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 1 Twitch Streamer – Karna

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9. Twitch’s Incompetent Advisory Council
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Twitch created an Advisory Council in order to help them address such issues,
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however, with gross and even criminal negligence, have failed to do so. This official
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 1 “The Safety Advisory Council will inform and guide decisions made
2 at Twitch by contributing their experience, expertise, and belief in Twitch's mission
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of empowering communities to create together. The Council will advise on a number
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5 of topics including: ... Developing products and features to improve safety and

6 moderation.”

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However, as can be seen in the evidence listed above, they obviously are not
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adhering to their job or even beginning to implement safety features to address said
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issues.
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 1 Even more harmful is the fact that one of their Official Advisory Council

2 Member’s believes he/she is a…deer. This seems to be a joke, but as can be seen here, it
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surely is not. This is proof of more gross-negligence occurring at Twitch and their
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misleading and their blatant false advertising that they are handling such ” issues and bad
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actors” via their official marketing statements through tweets and email chains
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7 throughout the company and abroad in the media. The Advisory Member known as

8 FerociouslySteph has claimed themselves as an, “Adorably ferocious trans deer-girl

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(she/her) Twitch Boradcaster with a world to heal. I feel a lot of everything matters, (and
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I’m) Ethically focused.“
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 1 The Twitch Staff has also been seen breaking their own rules watching illegal streams of

2 copyrighted material from other TV Networks.

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24 And perhaps their most egregious act yet, (besides officially partnering with porn
star twitch streamers SashaGrey and Miamalkova), is in regards to the Twitch
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CEO, its staff, and their advisory council doing nothing about Twitch streaming
26 partner Super Smash Bros. commentator Cinnpie accused of having a
sexual relationship with a 14-year-old player.
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Cinnpie was 24 at the time of the alleged relationship.
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 1 She remains partnered to this day and the full article about this said sexual abuse can be

2 read here - https://dotesports.com/fgc/news/super-smash-bros-commentator-cinnpie-

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accused-of-having-sexual-relationship-with-14-year-old-player
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By:/s/ Erik Estavillo____,
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7 Erik Estavillo
Pro-se, Pro-per
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