James „Phantoml0rd” Varga filed a lawsuit against Twitch. Now, the site owned by Amazon strikes back.
Previously, we wrote about how Phantoml0rd sued Twitch because allegedly, he owned the CSGOShuffle website, where Counter-Strike: Global Offensive skin-gambling was happening. Varga claimed he was banned from Twitch with „unsubstantiated, false accusations,” and he became the scapegoat to „divert attention from the fact that Twitch continued to knowingly allow [fraudulent skin gambling] to continue on other Twitch channels.”
Polygon reports that Twitch has had enough. According to the counter-lawsuit, Varga was repeatedly warned and punished for a year, as he was streaming content that violated his contract. „Most notably, he streamed promotions for a gambling website that (1) he had an undisclosed financial interest in, (2) he used to rig jackpots in his favor against users he gained from Twitch, and (3) operated in contravention of the terms of the underlying game’s publisher and was potentially illegal,” the document, which you can find here, states.
„In running these promotions, Mr. Varga breached his contractual obligations to Twitch and made material misrepresentations to defraud Twitch and its users. Twitch brings this action in order to seek redress for the harm that these and other violations by Mr. Varga caused it and its users,” the lawsuit adds.
It claims that in the two months before Varga was banned, he violated his contract nine times, and he has done so with „sexually suggestive content, content involving self-harm, and content involving racist symbols” on top of the skin-gambling. That’s not all: the lawsuit says the opposite that Varga stated (saying that he was only informed in January 2017, five months after his suspension, and that Twitch changed the reason from fraudulent subscribers to streaming non-gaming content): „In the days leading up to his termination, representatives of Twitch discussed Mr. Varga’s repeated breaches, the Skins Giveaway, and the information about Mr. Varga’s involvement in CSGOShuffle in person and gave him an opportunity to explain his position. Mr. Varga did not attempt to communicate with anyone at Twitch regarding the termination of his account until December 2016, the month after a lawsuit filed against him was dismissed (for lack of jurisdiction) in the Western District of Washington, and more than four months after his account was terminated.”
Amazon has money for good lawyers, and the counter-suit, which also seeks for an award of compensatory damages, fees, and expenses, will likely be lost by Phantoml0rd…
Source: PCGamer
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