They shouldn't call it ban when it's not permanent.. it should be referred to as a suspension.

She gets banned for 48 hours for violating DMCA. Smaller Streamer would get perma ban from that and a lawsuit.

Getting temp banned on twitch for a big name streamer is the equivalent of getting told by your boss to take a vacation.

I remember the fight with Viacom. They were the most hated company around KZfaq back in 2007-2012. Every single creator had stuff being taken down for the smallest thing. This was one of the first times I had seen so many creators pull together against something so big, along with SOPA and PIPA. My god that was so long ago

This makes TotallyNotMark's situation seem even worse. Where all of his and his team's work got shafted although the content was transformative, streamers aren't facing as severe of a consequence.

Charlie has had to explain fair use so many times he's got the script memorized at this point.

It was bound to happen eventually. Even streamers considered "react content" like watching shows and movies to be riding that line of what they're allowed to get away with

I love how you are so chill about the way you deliver your points. If people talked the way you do, we will have world peace lol

The biggest problem with big streamers like this completely just breaking clear and obvious copyright law is that they know they will not suffer major consequences. They know they are the big moneymakers on twitch and they want them to stay on their platform. The only people that are going to be harmed by their actions are the small streamers who are going to be affected by whatever rule changes twitch puts through because of this.

I've noticed a lot of v-tubers do this as well but as watch-a-longs. Basically, they'll let the audience know what movie they plan to watch(and where it can be bought) so everyone can get it, then they start the movie at specific time and watch it together. You can't see or hear the movie on their streams, it's just pure reaction and it makes a lot of sense, it's as legally transformative as it gets when it comes to "reaction" type content. Not sure why people on twitch can't just do something like that, seems like an obvious thing to do.

The streamer who went after smaller channels for responding to her streams got pursued by a larger corporate entity for "reacting" to their media? Guess it's true after all: You get what you fucking deserve.

your channel is pretty dope, I've only seen a few videos over the last couple months but You've earned a sub with your informative, straight to the point and honestly expert perspective on so many things is really welcomed! great job!

this doesnt even affect her, this 2 day ban is literally just her normal fucking streaming gap

I find it funny how Charlie seems to be the only one who actually knows how fair use works.

Everyone thinks they're gangster, until they get banned like Dr. Disrespect.

Pokimane getting banned for this is like how Al Capone was arrested for tax evasion.

About 7 years ago I actually got into a screaming match with a lawyer from Viacom and their arguments were totally insane. True story

Well, being banned on Twitch is the same thing as dying on Dragon Ball. The biggest characters never really die.

A 2 day ban for this is questionable, it should be atleast a week. They're being too greedy trying to keep Pokimane on their platform, they're scared of giving her too huge of a punishment that she'd make it as an excuse to backlash on twitch and probably switch to KZfaq.

I’m extremely happy to see so many people talking about how it’s not ok and not defending a dumb thing

Twitch just single handedly decreased the world simping rate by 80%

In all fairness, she was streaming an entire show that's locked behind paid subscription services. She should've known the risk of streaming an entire show on twitch, even though a lot of other people get away with it.

48 hour ban on twitch.. why am I not surprised.

It’s bigger than black and white

Matt Hoss sued H3h3 for using around 70% of his video in his. Matt Hoss lost.. I think the % used of the original work is less important. However if Pokimane was watching Anime in its entirety eating some food and making some cutesy noises here and there. Then I think she's got no ground to stand on.

Very solid point Charlie. Obviously these copyright laws suck ass and no one wants to deal with them, but not all rebellion is productive and, as you said, can sometimes be damaging to the platform as a whole

Seems deserved. Why should someone get paid for streaming a show they had no part in making? Something about seeing people silently eating while restreaming this stuff pisses me off. These people are millionaires using other millionaires' products to make money, then whining as if it'd the only way they can stream. If you don't have 10 hours of content...don't stream for 10 hours...

such good points, I appreciate you still being careful not only for yourself but for the whole of twitch. I really hope reaction content doesnt get banned. as soon as I saw XQC watching TV every single stream I knew there was about to be problems. I was very confused when pokimane got banned but not XQC. I feel like if poki is getting banned he should get banned too honestly considering he was the one really starting the trend but I understand its just dependent on who made the show in question. just such an unfortunate situation.

I’ve seen streamers like Hololive get around the problem in a smart way. They only stream their reaction, with no audio or video of what they’re watching being present. Instead they require the viewer to also watch the movie, show, etc on their end, synchronized with the streamer’s reaction. They call it a watchalong, and I’m like 99% sure it’s completely legal to do it.

Glad to see everyones sane and agree that while the people that did it are horrible, pokimane still deserved that strike.

I remember watching Disney movies on KZfaq when I was a kid. They were divided into a dozen or so different parts though. How times have changed...

My heart goes out to those thousands of men who now have to find other ways of pleasuring themselves instead of watching a stream for hours waiting for a girl to show some leg or something. And now they might have to use their money for groceries, gas, or even bills rather than donating to her for a shout-out. When will their suffering end?!

Copyright laws are messy and everyone would just like to chill about it and whatever but you still have to be responsible and follow the rules. Its so hypocritical of these streamers, who would be malding if someone did this to their content or I have seen people defending it who also say to "support artists" and whatnot, You can't have one without the other, either you are for piracy or against it.

Im shaking and crying, this is the worst thing thats ever happened to the world Move over world war two, pokimane can’t stream for two whole days

Viacom is ruthless. Anybody remember that falling out nick cannon had with Viacom? They removed him from his own show (Wildin Out) until Nick apologized. They gave no ground, and Nick ended up bending the knee haha. I thought he was gonna die on his hill but it seems the pressure was too immense.

What can help this situation a bit for twitch is for twitch themselves including the streamers started a movement. Make streaming events, especially dedicated to gather supports and donations or contributions to license popular contents officially. If it became a prominent movement, streamers that have invested in the movement might be interested more in "officialness". When they were successful at one, that's a dopamine rush for everybody to reap more and more and more and became stronger as a community. Show the world that they are elite

Charlie: Do not sleep on your belly or Viacom will get you. Everyone: What will Viacom do if you are sleeping on your back? Charlie: Well that’s not so bad.

A way twitch could easily fix this problem is make the bans long enough that it actually effects the large streamers who don’t care about a 2 day ban

Viacom is the type of company to copyright someone's video for showing a 1 second clip of one their shows

This is the modern day equivalent of copying a vhs video cassette and posting it to your outta town friend so that you can both watch a movie at the same time whilst talking on a telephone.

She makes 6 figures a month. 48 hour suspension is literally just giving her a vacation. She’ll cry into her pool of cash.

The only major dilemma I still fight back against is being DMCA'd for music FEATURED IN THE GAME/MEDIA you are streaming. That is still ridiculous and shouldn't be the case. Especially for games. There shouldn't be the need for a streamer mode. No one. Absolutely NO ONE is watching xQc shrieking over the games he's playing to get a chance to listen to the music for free lmao That ain't how it works, chief. If anything, hearing the background music generally only encourages exposure. My reaction is "oh, I have never heard that one, lemme go find it. Oh, that's cool. I'll buy that one :)"

Loved the Viggo reference at 0:27 lmao, can't believe Viacom is that comparable to the imminent danger of John Wick.

Love your videos! ❤️

If Twitch actually pulled through with all the bans and stuff, the most popular streamer roster would be so much different than it is, most streamers that people watch and those who are the most popular, have already been banned a couple of times, some of them even passing that 3 ban limit. Having influential streamers see "how far they can get with abusing DMCA" and not coming through with actual bans just shows how greedy Twitch actually is, because everyone knows if the top earner gets banned, they lose money. And then there's Ludwig

This is the greatest ban of All Time

I didn't expect her to get a permanent suspension but where I heard why I didn't feel bad because that's twitch 101 not to stream stuff.

I'm subscribing, I love your content bro.

I'm actually with Twitch when it comes to this, and they shouldn't have allowed it to get that trendy to begin with. This sounds like a fair punishment. You don't stream an entire show that isn't free. And hasn't she vocally condemned such behavior in the past?

Charlie you have reopened my gaping wounds and have poured mountains of salt into them. I’m starting to develop shivers and anxiety due to my inability to watch a pokimane stream and I haven’t slept since the tragedy struck. I’m plunging into a severe state of depression due to this preposterous ban by a dude who has never felt the touch of a woman

My personal take for this is, as long as someone straight up doesn't add anything and just re-uploads or copies it with no changes whatsoever, why not let them post it. That's like taking down a reddit video because it's your reddit and you don't want them to.

I've seen streamers do watchalongs for shows/movies, but they don't stream the actual material. They just provide a timestamp for where they are at, and it's up to the viewer to get their own source and sync up. The stream is basically just the streamer's reactions and they might respond to comments. I'm not familiar with the Twitch space but I always thought this was the norm for stuff like that. Didn't realize people were just straight rebroadcasting stuff.

Streamers: "DMCA is no joke, I don't want that shit" Also streamers: "ROFL I watch copyrighted tv live with 30k+ audiences"

I've always been annoyed with the internet's understanding of fair use. There is zero consistency to what they think is fair use beyond "I liked the thing," and apparently writing "no copyright infringement intended, I own nothing" is all they think they need to do. I remember Legal Eagle explaining fair use and the DMCA in a Lindsay Ellis video, and if it wasn't just a small part of a long video, I'd link it to so many people.

It would be pretty interesting to see what streamers do if reaction content gets removed. Not to say it wouldn’t be bad but I think it could also be quite positive for the platform. This is definitely something I want to be kept up to date on.

I'm guessing this wasn't the case for this particular situation but isn't there a "watch party" function? Or did they get rid of that. Because I remember doing it once or twice on twitch and you could stream whole movies/shows through amazon as long as you didn't record anything but your facecam.

Oh god, I just felt a disturbance in the force... as if a million Simps cried out in terror...

At least Charlie is one of the few sane streamers who can see how his actions affect others less fortunate than himself. It's seeming rather rare now with the top people in twitch.

Yeah like, my problem with it isn't that I'm against piracy or I'm defending big studios, this is just going to kill so much of twitch like it did with youtube, and it's going to hurt A LOT of streamers. It's mind boggling to me that these big streamers are this stupid that they would stream shit like this without thinking like a week into the future to see what will happen.

I'd like to get into it now, so- KZfaq ad earrapes the whole damn living room

Big creators do dumb shit and get away with just tap on the wrist, but then the rules get ridiculously strict because of that and small creators are the ones who suffer the consequences. If Twitch had balls they would start turning off the partnership of everyone who "test the limits", but is obviously never going to happen.

The biggest difference here to the KZfaq case back in 2014 is that for the KZfaq case, there were too many individuals and none of them were worth suing, so Viacom took the suit to KZfaq themselves. For this particular case, Viacom could probably sue Pokimane and actually recover damages, based on public information about what she earns. It would probably be the best outcome, because it wouldn't significantly affect Twitch as a platform, and would properly put the fear of legal action into big-name streamers that are DMCA-baiting.

Penguin. You actually have great content. That shows by the fact that your are literally recording with no fancy background or setups and have almost 10M subs. But most streamers and creators are just copy-pasting. You are the 1% lol. Keep it up.

How do we get from “we have issues with copyright laws and we need them reformed” to “all copyright is bad we should be able to take whatever we want”? The mental gymnastics people go through to simp for their streamers. They’re not trying to “push the limits of copyright laws” they’re just lazy.

As Tom Scott has said, copyright laws are a trainwreck in the age of the internet. They need to be completely rewritten to truly work again. Edit: although yeah for this example, the streamers are definitely Doing A Bad lmao the copyright strike is perfectly justified here.

Can someone explain to me why she thought it was okay to watch an entire season of avatar on her stream? I don’t know why her ban is surprising. It’s been know to not watch full shows on stream or KZfaq.

been a long time coming

what about the twitch watch party feature? cant they stream whatever in the prime library?

IMO twitch and YT are missing out BIG TIME on this. They could literally AND EASILY implement a "watchalong" button where the content creator can link legitimate places to watch the content along with them. It could have timestamp integration and everything, and I bet amazon, netflix etc would love it since it drives sales for them.

Absolutely devastated by these news. How will me and my familly be able to sleep at night after hearing such news. My doctor doubled my xannax prescription because of the anxiety and heart palpitations this caused me.

It seems like everyone nowadays online has an attitude that they can push the envelope and when it goes too far be given the authority to make their own guidelines

I went to high-school with her in the same grade, it's so strange hearing about her being so popular. Best of luck Iman :)

The dumb thing is that 2 day ban doesn't do anything. Poki will probably make the amount of money she lost on the first stream back. It's basically just paid time off.

she was just watching full episodes with basically no commentary its literally non transformative she deserves more than a weekend off

there needs to be a way where you can add comentary to films and shows you own. like a mod for videos.

Too be fair in regards for fair use having lost its meaning. That applies for both sides as review type channels are basically harassed by the youtube bots and claims from false sources with their applicable defense of fair use now basically being invalidated. It's not just streamers and youtubers who have taken away its meaning, but the companies who ignore the true acts of fair use.

For once I actually agree with Twitch, I feel like if they just let creators react to copyrighted content, and make money on it, that could cause some serious lawsuits that wouldn't necessarily be the fault of Twitch themselves.

It's more of the fact that the top Twitch Streamers are getting off with essentially with a slap on the wrist while others get just full bans. That's why people are wanting DMCA to come down on the top Streamers just to make it a point that their popularity is not a shield for them. Like yeah we fucking hate DMCA and shit but literally having small streamers be perma banned for DMCA while their golden children are giving a slap on the wrist by Twitch is even more bullshit in my opinion. Twitch needs to show consistency when it comes to the platform enforcement and I bet if DMCA actually falls on the streamers for this then maybe they will understand pushing the will fuck them over as well as everyone else.

I like the "watch with me" stile, is simply a timer and the title of the movie

Very true and this is gonna push a lot of people out of streaming. Many depend on reaction and or movie/show content to keep themselves relevant. Me personally if Twitch does that, I feel it’s justified because Twitch has been VERY leeeeeway with things and even some music played on my Streams never get strikes. There are pros and cons to this, this will truly come to show if people are real “content creators” without other peoples content. I feel people milk others videos for their personal gain, lot are praised over another persons work. Either way I can work with it some or most can’t.

If twitch was smart about this I feel like they could leverage a lot of opportunity out of it. People clearly want to have watch parties with their favourite streamers, I feel like it would be possible to strike a deal with streaming services like netflix into integrating the actual streaming service itself into the platform. I have no idea how the technical specifications of this would work but if viewers could link their paid netflix account with their twitch account and then gain access to the integrated stream with the netflix stream synced up with the twitch content creator's netflix stream, only users who have paid for the service already could watch and the streamer isn't actually streaming the movie/tv show, they're essentially a second video overlayed over the netflix stream. There would be an issue arise when there are geolocational blockers, in which case those viewers wouldn't be able to access the integrated stream without a vpn. This could be taken a step further with netflix acting as a sponsor for streamers who use their platform for watch parties and providing streamers with sponsorship codes and benefits to make up for the streamer having a smaller audience due to (whether or not viewer has a paid netflix account linked), since this would undoubtedly bring more customers to netflix because they don't want to miss out on these watch parties with their favourite streamers. Seems like everybody wins in this scenario. I'm sure similar things could be achieved with watch parties for youtube videos.

It's always a pet peeve of mine to call these suspensions "bans".

Rockin the skrillex cut

It would be cool if there was a function for viewers to sign into their own netflix or crunchyroll accounts or whatever for watch alongs cus most of them probably have those accounts

I think he makes a lot of salient points here where the people on top trying to poke the bear will ruin it for the other 99% of the platform who can't as easily navigate these potential new hurdles

This guy never fails to tell us news with very great detail

You're right Charlie but this applies to buying games on steam with the intention of playing them on stream then returning them imo. That definitely is a copyright abuse even if it's technically legal.

I’m also seeing a ton of streams on tiktok where people are literally just showing episodes of shows and anime on tiktok and this big drama or something similar is probably gonna happen on there too 💀💀 Like o was scrolling and straight up saw someone streaming Spider-Man NWH 😳 I honestly think the whole situation is really sad that people don’t have the decency to know how copyright laws work and just do this crap On tiktok AND twitch But I think it’s worse on tiktok because at least on twitch they try to add commentary and talk (even though it’s still technically wrong) But on tiktok they literally just let it play and don’t say anything it’s so dumb 💀

Yeah, these streamers really need to stop poking the bear. If streamers keep infringing copyrights so brazenly, and Twitch does not start dealing with copyright violations with a heavier hand, the door could be opened for a big rights holder like Viacom or, even worse, Disney, which can afford a lot of very expensive lawyers, to make the argument that Twitch isn't making a good faith effort to remove infringing materials. If a court were to entertain that argument, Twitch would be in danger of losing its DMCA safe harbor, and if that happened, suddenly Twitch would be liable for every single copyright infringement that occurs on the platform, which, considering all the effort Sonny Bono and Disney's lobbyists put into making U.S. copyright law as Draconian as possible, could be enough to even drag Amazon down.

The fact the people are suprised with pokimane's ban over what she did confirms to me that if you get big enough on a platform their rules become a suggestion

copyright is so stupid because you can read a book on stream and be fine but as soon as words are sung or rapped you can get your revenue taken

I mean, I've actually seen 24 hour streams where they straight up marathon entire series' like Spongebob or Family Guy not just on twitch, but here on KZfaq as well. I've even gotten a few of them on my recommended from time to time.

Hm. Funny how Ludwig pointed out that reacting to copyrighted content is dangerous for creators a couple weeks ago and everyone hated on him, but now that Poki got banned for literally that exact reason, suddenly no one is mad at his take anymore 🤔

It’s even more serious when Charlie’s ear is visible.

Reminds me when I used to put up potato quality recordings of Penguins of Madagascar scenes and they got targeted by Viacom lol.

Y'all remember a few years ago when people were telling him to cut his hair then he never did out of spite

She just needs to come on over here to KZfaq streaming. Best decision I made was switching from Twitch to KZfaq streaming. At least you can fight the copyright claims here 🤷‍♂️

I'm so morbidly satisfied right now.

Me: *reads title* "FUCK YEAH"

you are the guy of the meme “ohhhhhhh” lol