I’ve built a web application for cable boxes that allows customers to now watch twitch streams using the cable box. We could not simply redirect to twitch.tv because twitch players use the iframe tag which is not compatible with our cable box browser standards. (Basically we apply too many security measures to iframes which makes them crash) Unfortunately that means in order to create our application we broke Twitch’s ToS. I would like to know, if we as a company mass deploy this application, will Twitch sue us?
By mass deploy I mean the application would be released to around 3 million people.
We’re developers, not legal experts, so it wouldn’t be appropriate for anyone here to comment on legal matters. I would suggesting using the email address on the developer agreement page email@example.com and contacting them there, as they will most likely be able to know more of the specifics about the ToS and if needed put you in touch with Twitch’s legal team.
Thank you very much.
Some of us do hold advanced degrees, mine happens to be in law. As someone who went to law school after a few decades professionally developing software I am both a developer and a legal expert.
As a legal expert I can answer your question quite simply.
“Will Twitch sue us?”
Only they can answer that. Anyone can sue for just about anything, a prima facie case is not hard to muster. Arbitration is mandated in the TOS but there are other avenues off the top of my head 18 USC 1030(g) comes to mind.
Nothing mandates that someone sue if they have cause. They can simply say “nope we dont care.” With that said failure to protect certain IP assets can result in losing the rights to them in the future. How and where you use their logos, etc will be something that piques their interest - especially by removing the iframe which lets them make it clear its their content not yours.
Having had a few discussions with twitch legal I can tell you their (public) address is firstname.lastname@example.org although sometimes they dont care about answering that. Lawyers really do not like to ignore letters mailed return receipt though. If you cant get hold of them through any other means that may be what you need to do.
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