Twitch streamer Warren Pandiscia has filed a proposed class action lawsuit against the platform and its parent company, Amazon. The complaint, lodged in the Northern District of California, accuses the companies of using streamers' broadcasts and other content to train generative AI models without obtaining proper licenses, consent, or providing compensation.
The lawsuit, which cites a breach of creators' implied agreements and violations of state unfair competition law, was filed by Pandiscia, a streamer with approximately 1,000 followers. He claims that his content, along with that of numerous other creators, was incorporated into AI training data potentially as far back as early 2024, before any disclosure or opt-out mechanisms were available.
This legal action follows Twitch's recent announcement that it would begin training generative AI models using platform content. The feature was initially set to be on by default, prompting significant backlash from the streaming community, which demanded an opt-in rather than an opt-out system. While Twitch Chief Product Officer Mike Minton acknowledged the community's displeasure, he stated that making the feature opt-in would result in minimal adoption. "if it was opt in, nobody would opt in. So it's going to be on by default, and almost every content service in the world is on by default," Minton explained, emphasizing that Twitch's unique approach was respecting the wishes to opt out.
Twitch's admission, posted on X on August 12, confirmed the use of creator content, including past streams, clips, chat logs, and photos, for Amazon's AI models. The platform also confirmed that the opt-out setting is not retroactive. Furthermore, the opt-out functionality is tied to individual channels, meaning a streamer who opts out might still have their content used if they appear on another channel that has not opted out.
Pandiscia asserts he had no prior knowledge of his content being used for AI training and opted out as soon as the mechanism became available. Neither Twitch nor Amazon has issued a statement regarding the lawsuit as of this report. Amazon acquired Twitch in 2014 for approximately $970 million. The development also impacts Amazon Game Studios, which was reportedly working on a generative AI game prior to significant layoffs that led to the project's cancellation.