Subpoena – MMO Fallout

It’s time to talk about Twitch again, and that means the Twitch v. John Doe lawsuit.

When last we left our heroes, Twitch had filed suit in the Northern District of California against one hundred John Doe defendants for federal trademark infringement, breach of contract, trespass to chattels, and fraud. The lawsuit targeted the antics of users who gained some notoriety earlier in the year for filling the Artifact category of Twitch will all sorts of vile material, including hardcore pornography and videos of real life killings.

This week Judge Orrick granted Twitch’s application for leave in order to file subpoenas against third parties, with the ultimate goal being to uncover the identities of the defendants in the lawsuit. Those third parties include:

Twitter
Google
Microsoft/Hotmail
Discord
Verizon
Comcast Cable Communications LLC
Contina, Charter Communications Inc.
Optimum Online
Suddenlink Communications
OVH Hosting

Third party subpoena recipients will have 30 days with which to serve the defendants with a copy of the subpoena and a copy of the order, and then the defendants will have 30 days to file any orders contesting or squashing the subpoena, after which the third party recipients will have 10 days to produce information responsive to Twitch.

In fancy terms, those who suspect or have a good idea that they may become a defendant in this lawsuit will have ample notice that they are in fact a defendant.

As always, MMO Fallout has provided the related docket at our expense in the Google Drive.

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The lawsuit by James Romine against 100 unknown Steam users has come to an end. A few days ago, Romine filed a motion for extension of time or dismissal without prejudice, effectively asking the court to either grant him more time or to kill the case until a future date. The reason, as stated in the documents, is as such:

“Upon filing this case, per advice of the local sheriff who could not help me or my business with a massive ARS-13-2921 criminal harassment problem on an Internet Store front and via email, the Plaintiffs business was destroyed completely financially disabling The Plaintiff, destroying usability of all current work effort, and untold other damages.”

If you haven’t been keeping track, Valve responded to a submitted subpoena by terminating their business agreement with Digital Homicide, citing hostility toward customers as a primary reason. As a result, Digital Homicide lost access to a platform that holds at least 70% of the PC gaming community. As such, according to documents filed with the clerk on 9/27, Romine is unable to afford the cost of serving the defendants in said Steam case. Romine had initially asked for either a 90 day suspension or a refund of filing fees and a dismissal without prejudice, which would allow the case to be pursued at a later date.

The court, under the Honorable Stephen M. McNamee, has approved decision #2 and dismissed the case without prejudice. As of September 30th, the case has been terminated. MMO Fallout will update should the case be renewed in the future.