Erik Estavillo of San Jose, California has filed a lawsuit in the Superior Court of Santa Clara and is seeking $25M in damages from Twitch. In court documents, Estavillo claims he suffered burned retinas from “staring at the breasts of female gamers” and a chaffed penis from constantly masturbating using his electronic Fleshlight.
Bringing things to a climactic head, the claimant also states that he ejaculated onto his computer monitor causing a small fire and subsequent power outage in his apartment.
Twitch user XMINKS is mentioned in the lawsuit
Amazon’s Twitch is a social media type platform that allows video gamers to share and monetize their streams and users to watch the livestreams of those gamers, well, playing video games – apparently among other things. In addition, users can upload videos of themselves creating art and music. Twitch is worth an estimated $3.7B.
Among the millions of users that stream their video content are several females named in the lawsuit.
Twitch users Loserfruit, Velvet_7, Pokimane, QTCinderella, MizzyRose and well-known, Twitch contracted, porn actress SashaGray (among others) are accused of violating the Twitch Terms of Service by engaging in and displaying content of adult nature – which is accessible by users ages 13 and over. The 56-page lawsuit includes explicit images and content to back Estavillo’s claim that Twitch is creating a hyper-sexual atmosphere that triggers his sexual addiction.
According to the lawsuit, Estavillo alleges he is plagued by Chron’s disease, depression, panic disorder, agoraphobia and obsessive-compulsive disorder which he claims drives his self-proclaimed sex addiction. Further, because of the Covid-19 lockdown restrictions, Estavillio says he was forced into isolation and the Twitch application where “scantily clad females” do more than play video games.
While using the application, Estavillo states that he cannot separate male and female livestreams and thus is forced to watch the sexually-aggressive females. And, in looking into the plaintiff’s Twitch account, he subscribes to 786 female profiles and 0 males.
AMOURANTH is well-known Twitch streamer who is mentioned in the lawsuit
Therefore, the lawsuit claims, Twitch exacerbated Estavillo’s sex addiction because its “twisted programming and net code” made it “nearly impossible for the plaintiff to use Twitch without being exposed to such sexual suggestive content.”
When asked for a comment, a Twitch representative told the New York Post, “These claims are frivolous and have absolutely no merit.” Seems they may have a point as it is the claimant’s responsibility to properly clean his Fleshlight device to avoid chafing and “infection at the tip which requires Neosporin” as well as simply keeping his hands off his joystick.
But again, in reading over the lawsuit, it’s clear that Twitch may actually be the ones suffering from burned retinas if they cannot see that these female users are uploading sexually explicit content as well as providing links to their Instagram and Patreon accounts where any user, including minors, can ogle even more adult content. However, with courts backed up due to Covid-19, it may be premature to guess who gets the shaft or the happy ending in this interesting case.