As a seasoned gamer with years of streaming experience under my belt, I’ve seen it all – from the best of times to the worst of platforms. The recent incident involving Kick and Pirate Software has caught my attention, not just because it’s a high-profile streamer pointing out an issue, but also due to the implications it holds for the streaming community as a whole.
After receiving feedback from popular streamer Pirate Software, Kick decided to revise one of its categories due to an issue with their website that was preventing him from streaming live.
During a live broadcast in October, the Twitch streaming sensation known as Pirate Software, who set a new record on Hype Train, shared his reasons for not simultaneously streaming on Kick.
Beyond the continuous moderation problems on the site, he pointed out that Kick appears to facilitate unrestricted broadcasting of copyrighted material. This is due to their ‘Other, Watch Party’ section, formerly known as ‘Other, TV Shows & Movies.’
During his live stream, he steered towards a specific category that displayed numerous individuals streaming copyrighted content such as TV shows, anime series, and the like.
In simpler terms, if unauthorized copyrighted material is being streamed through your service, you’ll receive a DMCA takedown notice and should remove it. However, by creating a category like ‘Other, TV Shows & Movies’, you might be encouraging users to engage in such behavior on your platform.
Despite a subsequent alteration of its title following rumored discussions between Pirate Software and Kick’s co-founder Trainwreck, the web address stayed consistent. Furthermore, it appeared under ‘Other, TV Shows & Movies’ in search results.
In contacting Kick, TopMob learned that the URL issue wasn’t deliberate on Kick’s part. They’ve rectified it, updating it to match the current category name as of October 4, 2024. Moreover, visiting the old category now results in a 404 error.
Furthermore, Kick directed our attention to their Digital Millennium Copyright Act (DMCA) Policy and Terms of Use, detailing the rights that users have over their personal content and any associated intellectual properties.
In the Terms of Service (TOS), Kick clearly states they do not assume any responsibility or liability for any content shared by users, other users, or third parties through their service.
Kick also writes that streamers “shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service,” and says they are only “acting as a passive conduit for your online distribution and publication of your User Content.”
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2024-10-04 20:48