Twitch, Amazon face class action over alleged AI use of streamers’ content

The lawsuit was filed in the US District Court for the Northern District of California by Connecticut-based Twitch streamer Warren Pandiscia, who is seeking to represent other creators affected by the alleged use of their content. According to the complaint, Amazon collected and processed Twitch streams for AI training before Twitch introduced changes to its terms of service addressing the use of creator content for AI purposes.

Pandiscia alleges that the collection of Twitch content began more than two years ago. The complaint cites a previous statement by former Twitch chief monetisation officer Mike Minton, who said video data had been used in a “prototyping capacity”.

“Amazon had an overwhelming incentive to acquire training data on an unprecedented scale. Rather than negotiate for lawful licences or seek permission, defendants accessed the Twitch streams and videos to utilise them as a massive dataset necessary to fuel Amazon’s AI products,” Pandiscia alleges in the filing.

The case raises questions about the extent to which Amazon can use content uploaded to Twitch for purposes beyond the platform’s core services, particularly where creators have agreements governing the use and monetisation of their material.

Twitch has since updated its terms to address AI-related data use, including an option allowing creators to opt out. The lawsuit alleges, however, that the changes came after the content collection described in Pandiscia’s complaint had already taken place.

The case also comes amid growing legal disputes over the use of copyrighted material to train generative AI systems. Technology companies including Google, OpenAI, Anthropic and others have faced lawsuits and criticism over the acquisition and use of online content for AI development.

The issue has particular implications for musicians and DJs who use Twitch to livestream performances. Their broadcasts can contain original music, performances and other copyrighted material, potentially creating additional questions about ownership, licensing and compensation when such content is used as AI training data.

The allegations against Amazon and Twitch have not been established in court, and the proposed class action will have to clear further legal and procedural hurdles before it can proceed as a class action.