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Society & Culture
Virtual Legality Episode 264

Dr. Disrespect and the Secret of Frivolous Arbitration (w/ Patreon)

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1y Jul 14, 2020
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With all still quiet from both Twitch and Dr. Disrespect in respect of his ban, many have been left to wonder what anyone can do about the situation.

While the options may be limited, a very specific set of California laws may prove quite problematic for all sorts of California tech giants from Patreon to Twitch, as we dive into the strange arbitration cases of Owen Benjamin and DoorDash.

We can't recommend frivolous actions, but California has certainly seemed to open the door to them...in Virtual Legality.

#Twitch #Ban #DrDisrespect


Discussed in this episode:

"Alt-right comedian asked his fans to sue Patreon. It backfired"
Daily Dot - July 6, 2020 - Claire Goforth
https://www.dailydot.com/debug/patreon-suing-owen-benjamin-fans/

"The Patreon Lawsuit Involving Owen Benjamin Explained by a Lawyer"
Cernovich Website - July 13, 2020
https://www.cernovich.com/patreon-lawsuit-owen-benjamin/

"Emails from [Twitch] have began arriving..."
Twitter - July 14, 2020 - Modern Warzone (@ModernWarzone)
https://twitter.com/ModernWarzone/status/1276693332975108096

"Arbitration agreements: enforcement."
SB-707 (CA - Effective January 1, 2020)
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB707

"JAMS Streamlined Arbitration Rules & Procedures"
JAMS Website - Updated July 1, 2014
https://www.jamsadr.com/rules-streamlined-arbitration/

"Be Careful What You Wish For: California Federal Judge Compels DoorDash to Conduct – and Pay for – More Than 5,000 Individual Arbitrations"
Epstein Becker Green - February 13, 2020
https://www.wagehourblog.com/2020/02/articles/california-wage-hour-law/be-careful-what-you-wish-for-california-federal-judge-compels-doordash-to-conduct-and-pay-for-more-than-5000-individual-arbitrations/

Patreon Terms of Use
Effective July 1, 2020
https://www.patreon.com/policy/legal

"Validity, irrevocability, and enforcement of agreements to arbitrate"
9 USC 2
https://www.law.cornell.edu/uscode/text/9/2

"Arbitration Schedule of Fees and Costs"
JAMS Website
https://www.jamsadr.com/arbitration-fees

"Consumer Arbitration Minimum Standards"
JAMS Website - Updated July 15, 2009
https://www.jamsadr.com/consumer-minimum-standards/

"JAMS Clause Workbook"
JAMS Website
https://www.jamsadr.com/clauses/

"California Code, Code of Civil Procedure - CCP § 1284.3"
https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-1284-3.html

Twitch Terms of Service
Updated May 29, 2020
https://www.twitch.tv/p/legal/terms-of-service/

Abernathy v DoorDash
District Court Order - February 10, 2020
https://www.wagehourblog.com/files/2020/02/Abernathy-v.-Doordash-Order-compelling-more-than-5000-individual-arbitrations-to-proceed.pdf


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.


Blog: hoeglaw.wordpress.com

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About Hoeg Law

The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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