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The Twitch “sex addict” is back with calls to subpoena the company’s CEO in flimsy new lawsuit

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A California man has called for the CEO of Twitch to appear in court to answer questions related to complaints ranging from sexually suggestive streamers to the Dr Disprespect ban, according to a document filed on the Superior Court of California’s public portal on July 6. 

The lawsuit, however, likely has little legal foundation, lawyers say. 

Erik Estavillo made headlines in late June when he initiated a lawsuit against Twitch for $25 million in damages. He claimed he’d been exposed to “overly suggestive and sexual content” on the site. Estavillo, who said he suffers from depression, obsessive-compulsive disorder, panic disorder, agoraphobia, and Crohn’s disease, said he relied on Twitch for entertainment. Twitch “exacerbated” his condition, Estavillo said, by displaying “sexually suggestive streamers,” so he couldn’t use the site without being exposed to sexual content.  

Estavillo requested that Twitch CEO Emmett Shear appear in court because he’s ignored “verifiable reports of Twitch streamers violating, not only Twitch’s Terms of Service, but also applicable California State Laws,” according to the documents. 

But Estavillo hasn’t followed the correct procedure for filing the lawsuit, according to a pair of lawyers who spoke with Dot Esports. Marius Adomnica, a lawyer with Segev LLP in Vancouver, Canada, said the subpoena process doesn’t typically begin this early in the suit. 

The statement Estavillo filed may not qualify as a subpoena itself, according to Ryan Fairchild, a lawyer from Brooks Pierce in North Carolina. “The subpoena does not appear to be at all valid,” he said. (Neither Adomnica nor Fairchild are licensed to practice law in California.)

Although Estavillo is representing himself, a lawyer would have the means to subpoena someone because they’re held to certain ethical standards and rules, whereas the common citizen is not. A common citizen can get subpoenas issued, but they need approval—usually through a clerk of court, Fairchild said.  

Estavillo appears to be attempting to depose Twitch’s CEO through the subpoena. But if the information Estavillo is seeking is also known by Twitch and not unique to Shear, Estavillo is unlikely to be able to depose him, Fairchild said. 

“I imagine Twitch would move for protective measures that would have a fair likelihood of success, especially given that he doesn’t appear to be seeking any information from Shear that Twitch itself wouldn’t have,” Fairchild said. 

There are also issues with the procedural timing of the subpoena. There are typically “discovery tools” that plaintiffs use in most lawsuits, including requests for admission, an interrogation, a request for documentation, and a deposition. In this instance, Estavillo could have sent Twitch a series of discovery requests, including possibly a list of topics to depose the company about. Twitch would then respond by preparing one or more people to testify in response to the list of topics, Fairchild said.

Since Estavillo has issued a subpoena this early, Twitch could argue that the plaintiff should follow the rules of procedure and not seek to circumvent them, Fairchild said. 

In his first complaint, Estavillo said that “more sexually suggestive women” will become Twitch streamers since former Microsoft competitor Mixer has shut down. He said many of these female streamers transferring to Twitch have “the sole purpose of sexually seducing young minds and the mentally unstable.”

In one instance, Estavillo said he had been injured due to “sexually suggestive” material on the site. Estavillo said he injured “his balls” after he tripped on a wire and his gaming chair crashed onto him while he was watching Twitch streamer Mia Malkova’s livestream.

These claims don’t cite relevant laws that Twitch has broken, however. There are also no legal grounds to make a claim that he tripped over a wire, Adomnica said. The plaintiff claims he “suffered” at the hands of Twitch, but even if Twitch was accountable, nobody is forcing him to watch Twitch. 

Estavillo is also requesting information regarding Hassan Bokhari, Twitch’s director of partnerships, who was accused of sexual misconduct. But Estavillo can’t use this claim since he likely has to claim “standing.” This is the ability to demonstrate that Estavillo has been personally affected or harmed by these allegations.

The lawsuit also demanded that Twitch reveal information about Dr Disrespect’s permanent ban on Twitch via the Freedom of Information Act—something that typically only applies to government entities.

Estavillo is a third party in the vast majority of these claims, so he’s not personally affected by these issues, according to Adomnica. Therefore, he has minimal legal ground. 

“The lawsuit will probably be dismissed,” Fairchild said. 

The full subpoena can be found here

Source: https://dotesports.com/streaming/news/the-twitch-sex-addict-is-back-with-calls-to-subpoena-the-companys-ceo-in-flimsy-new-lawsuit

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BIG, OG, fnatic round out Flashpoint 2 team list

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The three European teams currently ranked seventh, eighth, and twelfth in the world according to HLTV.org’s ranking will join qualified teams forZe and Virtus.pro as well as seven out of eight founding teams of Flashpoint: Gen.G, MAD Lions, c0ntact, Dignitas, Cloud9, Envy, and MIBR.

As previously announced, the currently teamless FunPlus Phoenix will sit out the upcoming second season, with its new General Manager, Petar “⁠peca⁠” Marković, stating earlier this month that the organization doesn’t want to make any rushed decisions when it comes to signing a new roster.

fnatic enter the second season of Flashpoint

The tournament will be played online, with all teams residing in Europe, and will kick off with a GSL group stage on November 10-22. The playoffs, whose format is unknown, will follow after a week-long break on November 30-December 6.

Flashpoint 2 will be streamed from B Site’s studio in London, with Duncan “⁠Thorin⁠” Shields and Christopher “⁠MonteCristo⁠” Mykles as the leading figures of the on-air talent crew of the tournament’s broadcast, which promises to provide “best-in-class production, commentary, and storytelling.”

The tournament will bring together several teams who have gone through recent overhauls. Cloud9 will debut at the event with their completely new lineup led by Alex “⁠ALEX⁠” McMeekin, while MAD Lions, Gen.G, c0ntact, Dignitas, Envy, and MIBR are all set to showcase new additions, some of whom are still yet to be announced.

“We’re pumped to be back with Flashpoint 2 to further deliver on our promise for raw and unfiltered entertainment for our fans with the largest prize pools of 2020 with arguably the coolest trophy in all of sports,” MonteCristo, Commissioner of Flashpoint, said in a statement. “We’re eager to watch our storylines unfold including the emergence of BIG and OG this year, how the rebuilt rosters of some of our teams such as Cloud9 will compete and if MAD Lions can defend its title.”

The second season of Flashpoint boasts the following twelve teams:

Source: https://www.hltv.org/news/30508/big-og-fnatic-round-out-flashpoint-2-team-list

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Vitality take down BIG to set up clash against Astralis in DH Open Fall

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The match between the fourth and seventh-best teams in the world did not provide as much excitement as was expected thanks to strong performances from all five Vitality members, with the Frenchmen securing a confident 2-0 win over BIG.

Vitality continued their winning streak on Dust2, now reaching five consecutive map wins, and shrugged off BIG on Inferno after a near-perfect start to the offensive side to claim the series. BIG will have a chance to redeem themselves in the lower bracket of DreamHack Open Fall, where they will face the winner of HeroicSprout, while Vitality go on to face Astralis for a grand final spot on Friday, and could prove to be a difficult challenge for the team currently ranked #1.

ZywOo had another stellar series and currently boasts a 1.46 event rating

With both teams having strong records on Dust2, 82% win rate for BIG and 73% for Vitality, the initial map was a toss-up on paper. After picking it, the German side did start 3-0 up on it as Terrorists, but Cédric “⁠RpK⁠” Guipouy set up his team for a good CT half with an opening double in the first rifle round. Vitality brought out the double AWP on Mathieu “⁠ZywOo⁠” Herbaut and Richard “⁠shox⁠” Papillon, and went up 7-4 before Nils “⁠k1to⁠” Gruhne‘s 4K with the Deagle allowed BIG to recover.

From an 8-7 half, Johannes “⁠tabseN⁠” Wodarz‘s team equalized things with a pistol win, but lost the following force to Vitality‘s B push. The French team then took the reins of the match, reaching 14 rounds after RpK‘s eco ace, and closed out the map 16-11.

ZywOo‘s pistol quad-kill foreshadowed a great map from the wunderkind on Inferno, as he was sitting on a 16K-1D scoreline with Vitality 9-2 ahead as Terrorists. BIG stopped the bleeding there, locking down an A play to start their comeback to a 9-6 half scoreline.

That good work was canceled out by Vitality in the second half, as Dan “⁠apEX⁠” Madesclaire‘s men looked comfortable marching towards match point, but were stopped at a bit earlier, at 14, thanks to BIG‘s eco victory and a 3v5 turnaround (14-9). The Germans managed to reach 11 rounds before Vitality tied it all up, with a shoxRpK B lockdown and ZywOo‘s double kill that made it 16-11.

Germany
France

Source: https://www.hltv.org/news/30507/vitality-take-down-big-to-set-up-clash-against-astralis-in-dh-open-fall

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Gen.G in talks with Liazz – Report

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Gen.G have set their sights on Jay “⁠Liazz⁠” Tregillgas, according to a report from DBLTAP. The 23-year-old Australian would fill one of the two roster spots left vacant following the departures of Damian “⁠daps⁠” Steele and Sam “⁠s0m⁠” Oh to VALORANT.

Since joining 100 Thieves in November 2019, Liazz has averaged a 1.04 rating, notably playing a different role from his time on previous rosters due to an overlap in roles with Justin “⁠jks⁠” Savage, who is reportedly bound for Complexity.

Gen.G are looking to Liazz to fill one of their vacant roster spots

During his time with 100 Thieves and Renegades, Liazz helped the team achieve their best results at a Major, including a quarter-final run at IEM Katowice 2019 and a semi-final appearance at the following Major, hosted by StarLadder in Berlin. Last year, 100 Thieves also reached their first-ever Big Event grand final at IEM Beijing, an event at which Liazz averaged a 1.16 rating against the likes of ENCE, Vitality, and Astralis.

The reported move would leave Sean “⁠Gratisfaction⁠” Kaiwai and Aaron “⁠AZR⁠” Ward as the only remaining players from 100 Thieves without a new team. According to the report, Gen.G are also in discussions with another player to finalise their five-man lineup, a roster that they need to complete post-haste with the start of Flashpoint 2 drawing near on November 9.

Should the move come to fruition, Gen.G‘s roster would consist of:

Indonesia Hansel “⁠BnTeT⁠” Ferdinand
United States Timothy “⁠autimatic⁠” Ta
United States Kenneth “⁠koosta⁠” Suen
Australia Jay “⁠Liazz⁠” Tregillgas

Australia Chris “⁠Elmapuddy⁠” Tebbit (coach)

Source: https://www.hltv.org/news/30506/geng-in-talks-with-liazz-report

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