Could Pokimane move to Kick.com?
On January 8, 2022, Twitch issued a temporary 48-hour ban to the popular streamer Pokimane for streaming episodes of Avatar: The Last Airbender to her 25,000 viewers. This move has sparked a debate surrounding the Digital Millennium Copyright Act (DMCA) and how Twitch enforces its rules on copyrighted content.
The Ban and the DMCA Debate
Pokimane’s ban comes as many Twitch creators have started watching TV shows and movies alongside their communities, providing commentary and interaction. While this practice resides in a legal gray zone, it involves copyrighted content, making it subject to the DMCA.
To date, the TV and film industry has not shown the same level of legal interest as the Recording Industry Association of America (RIAA) in issuing DMCA takedowns. This has left Twitch to decide whether to enforce its rules or not. In Pokimane’s case, her high-profile stream was too blatant to ignore, potentially signaling the start of a larger crackdown by the platform.
Twitch’s DJWheat shared his personal opinion on the matter, stating, “It’s absolutely not ok. Just like it has never been ok to stream music. This is just as DMCA’able as anything else. Hard to say why streamers have not been targeted, but just like music, it’s probably just a matter of time.”
Two Sides of the Argument
The ongoing debate raises questions about whether Twitch should proactively ban or restrict streams involving copyrighted content to protect creators from potential legal action. Others argue that the platform should remain hands-off until a rights holder complains.
Some believe that streamers watching copyrighted content could serve as advertising for the show or movie. For example, ViacomCBS could potentially see a surge in interest for Avatar as a result of Pokimane’s stream. In this case, going after a popular streamer through DMCA could create negative publicity.
The Future of Streaming Copyrighted Content
Game streaming has always involved copyrighted material, but game developers typically welcome this as it generates interest and increases sales. The TV and film industry now faces a decision: embrace streaming and “watch parties” like gaming, or follow the legally correct yet controversial path of the RIAA and crack down on content.
As Twitch took action against Pokimane, the reasons behind the ban remain unclear. Was it to protect themselves, Pokimane, or warn other creators? With this uncertainty, some speculate that Pokimane may move her streaming activities to Kick.com, a competitor platform.
In conclusion, Pokimane’s ban has rekindled the DMCA debate on Twitch, raising questions about the future of streaming copyrighted content on the platform. As the industry continues to evolve, both content creators and the TV and film industry must adapt to the changing landscape of digital streaming.
