Mango
Twitch Interactive, Inc. v. Mango
Opinion
trial_court Opinion
I. BACKGROUND
18 A. Factual Background 19 Twitch is a “real-time video service” where community members can view content 20 spanning “video games, entertainment, sports, creative arts and more.” ECF No. 40 ¶ 17. Twitch 21 “streamers” are individuals who “share live content” on the website to “engage and entertain their 22 viewers.” Id. ¶ 18. Streamers must create a Twitch account, while viewers may watch streams 23 without an account. Id. ¶ 24. Twitch streamers and viewers may also use a chat function to 24 communicate on Twitch. Id. However, only viewers who create a Twitch account can post 25 comments on the chat. Id. A streamer’s chat panel is open any time that individual is streaming 26 on Twitch, thereby allowing viewers to “post comments . . . to encourage the streamer, provide 27 support, and send Twitch-specific emojis.” Id. ¶ 22. 1 To use or access Twitch services, all users must agree to be bound by Twitch’s 2 Community Guidelines and Terms of Service. Id. ¶ 28. Twitch’s Community Guidelines 3 specifically ban “discrimination, denigration, harassment, or violence based on . . . race, ethnicity, 4 color, caste, national origin, immigration…