Just to touch on the music nonsense, I know in the past, Twitch didn't really punish you for it. What would happen is your VOD gets muted for a section where the music plays. Twitch previously had a notification that would then pop up, which you could click on to jump right to the end of the muted section, when the audio begins normally. That's it. If Twitch was trying to punish/discourage it, I can't imagine they'd have a system that lets you conveniently skip to the end of the muted portion. If it was a legal risk, they'd just flag the whole VOD and make it unavailable. I know there are also some music themed Twitch channels that just delete their VODs to avoid any issues whatsoever.
Usually, the only reason streamers care about this is when they also rehost their content to YouTube like Phil does, which is a fairly common practice I'd say. And even then, smaller channels/channels that are more focused on streaming and actually use YouTube like an archive might not care because all it means is they can't monetize that video, but their YouTube views are nothing compared to their Twitch revenue.
If Phil hadn't been so paranoid about using copyrighted music before due to YouTube, I might be generous and give him the benefit of the doubt because of the previous false DMCA stuff, although even then, that was for art and not music, but whatever, in a bubble, it could work. But Phil has said many times in the past he can't have music playing specifically because of YouTube, so even if the DMCA arc never happened, I don't think it is a stretch to say he'd play muted. With a game like GTA where the music is more of an add on it isn't that big of a deal, but with Tony Hawk, the music was a much more integral part of the game.
