- Joined
- Jul 31, 2021
”Jasper needing stuff is so cute” - You don't say? The only need that Phil cares about is his ability to beg for money. That cat can die on the spot and he would not care one bit.
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DarksydePhil / TheyCallMeDSP / Phil Burnell - General Discussion
- Thread starter A Witty Name
- Start date
- Status
- Joined
- Jul 11, 2021
It's OIC. He changed his name yet again.
PieceofShet
kiwifarms.net
- Joined
- Jun 18, 2017
Why is he keep singing today?
EDIT:
EDIT:
- Joined
- Jul 31, 2021
Now he got into the whole twitch suspension thing for the 100 time. It must be by far the hardest blow to his ego in a very long time. As a true narcissist, he can not let go of any wrongdoing. He is the victim - never forget that!
- Joined
- May 24, 2020
The first (and so far only) time my wife saw what he looked like was several months ago and she thought he was 55.
- Joined
- Mar 4, 2021
hmmm. Interesting change of mood when he noticed OIC's new name and that he was indeed here....
Can you feel the love tonight....
Also a TOS isn't legal and you can break the terms you agree to in order to use said service if the said company does anything because you broke the terms of service THEY are in the wrong for enforcing thier TOS.
dude is a walking facebook comment section.
Do you think even he has seriously forgot that the first interaction with chat, literally first one after he found out he got booted was agreeing that twitch doesn't have to give a reason as it's part of the TOS when becoming a partner. He said this, it wasn't out of context, it wasn't detractor vids.. Just him.
Are we REALLY sure Khet isn't a live in caretaker and the gated community isn't hospice care?
Can you feel the love tonight....
Also a TOS isn't legal and you can break the terms you agree to in order to use said service if the said company does anything because you broke the terms of service THEY are in the wrong for enforcing thier TOS.
dude is a walking facebook comment section.
Do you think even he has seriously forgot that the first interaction with chat, literally first one after he found out he got booted was agreeing that twitch doesn't have to give a reason as it's part of the TOS when becoming a partner. He said this, it wasn't out of context, it wasn't detractor vids.. Just him.
Are we REALLY sure Khet isn't a live in caretaker and the gated community isn't hospice care?
- Joined
- Jan 4, 2020
You should show her an image of him wearing his navy-blue star hat and ask what she thinks.
A good test to see how negative and mentally ill she is
- Joined
- Feb 15, 2021
- Joined
- Mar 31, 2020
Whenever Phil rants about others I am reminded of this
Seriously this guy is so paranoid he thinks whenever a company "mistreats" him it's against the law. This fucker doesn't realize that he signed a contract that hands his ass over to said company.
Oh and it seems as if Phil doing his best to cover his teeth with his lips. smart choice I'd wager that Nazi hat pics seem to indicate he has lost at least one tooth in his low row
Seriously this guy is so paranoid he thinks whenever a company "mistreats" him it's against the law. This fucker doesn't realize that he signed a contract that hands his ass over to said company.
Oh and it seems as if Phil doing his best to cover his teeth with his lips. smart choice I'd wager that Nazi hat pics seem to indicate he has lost at least one tooth in his low row
HorseSense
kiwifarms.net
- Joined
- Nov 23, 2020
I apologize if this has been posted but I felt the need to debunk DSP on the California employment thing.
https://www.dir.ca.gov/dlse/TerminationOfEmployment.pdf
Note, this is completely different from a breach of contract.
https://www.dir.ca.gov/dlse/TerminationOfEmployment.pdf
Note, this is completely different from a breach of contract.
hundredthousand
kiwifarms.net
- Joined
- Mar 30, 2020
He acts as though he left Twitch of his own volition. Actually he was departnered mid stream and ran off camera, came back and said his wife is crying (lol), and then scurried off to YT after talking shit about it endlessly before.
Then he said he isn't going back to Twitch until they give him a formal apology. He was effectively fired and Twitch doesn't want him back, but this ridiculous apology narrative lets him act as though all of this was his own decision.
A shrink wouldn't even know where to begin with this fucking guy. He is a complete mess.
Funko Pops NFT collector
kiwifarms.net
- Joined
- Jan 27, 2019
LMAO listen to this analogy,what twitch did to Phil is the equivalent of being in school and a teacher physically assaulting you in front of everyone for no reason and telling you that you are suspended. Also I like how he added that in his example the teacher by doing that humiliated him in front of everyone,this shows that it made a big dent (lol dent) to his ego.
Coke Zero
kiwifarms.net
- Joined
- Feb 27, 2021
Whenever Phil's future is discussed, I've always hoped for the arc where phil has to get a job and/or move back in with his parents, that I think we're all waiting for but on the other hand it is funny to think of geriatric phil still streaming because he could never manage to save anything for retirement.
Imagine how absurd it would be if 70 year dsp has to wake up, creep into his office with his walker, plop down in his mature adult non-gaming office chair and fire up his prestream to bitch about how 3d virtual reality Fortnite 6 is for children, while pissing and shitting his adult diapers and begging for money from people 50 years younger than him. "I'm the guy with the 40 year legacy, me REEE".
- Joined
- Jan 14, 2018
Sometimes I get a little bored of following Phil's antics. But lately it's been so much fun waking up every day and seeing what the new grift/excuses are as he's desperately flailing around like a muppet on the brink of extinction.
- Joined
- Feb 10, 2018
Okay I'm going to actually do some research on this because Phil, despite being incentivized to, refuses to (IANAL):
There was a recent case where Twitch lost a lawsuit alleging breach of contract, James Varga aka phantoml0rd vs Twitch. Varga is an eSports streamer who had variously pissed off Twitch during his career, including offensive donation sounds and images, mentions of self-harm, and racism. He was permanently suspended. Then:
Twitch attempted to countersue Varga but this was thrown out, mostly because it was stupid (claiming Varga's actions caused harm to Twitch, which, lol). Then, once he sued Twitch, they attempted to receive a summary judgement. This was denied, and the lawsuit was allowed to move forward. Among the causes were: Breach of Contract, Intentional Misrepresentation, and a local California statute regarding unfair business practices, which is pretty loosely stated and can probably be applied pretty widely.
This may sound like a similar situation to DSP's, where he lost his partnership without prior written notice or explanation, but it's a little more complex than that.
In the first place, Varga had an extended contract with Twitch with custom terms, and had his account *permanently suspended*, and it was due to streaming content he had already gotten approval to stream, from a Twitch representative. This is the "Intentional Misrepresentation" charge that was decided in Varga's favor, and frankly makes sense: In the lawsuit it's stated Varga's agreement has no mention of this specific situation ("non-gaming content" but I think this is referring to some sort of CS:GO crate gambling bullshit). If Varga relied on a Twitch employee's assurance he could do this, and then was banned for doing it, this is pretty dumb. Twitch also said that Varga was in cahoots with the CS:GO team to have elevated win rates for the crate gambling, but this was tossed.
Now, my contention has always been that Twitch would be fucking insane not to include a break clause in their Partner contracts, or at least reinforce the existing break clauses that are in effect when the streamer is a Partner, which I think is both the TOS and the Affiliate agreement. And my contention has always been that they would be similar if not the same than the existing Affiliate Agreement and TOS. For reference:
This is the break clause in Twitch's AFFILIATE program contract, with the thing DSP is claiming is illegal highlighted.
This is a similar clause in the TOS (I tried looking for archives of pre-Varga-clusterfuck agreement to see if it's changed but Twitch is good about hiding that shit from the Internet Archives), with the thing DSP is claiming is illegal is highlighted.
This clause can be understood as Twitch's basic ability to ban you from their platform, and banning your account is probably the primary way this is enforced.
But then, there's this:
This is hard to parse, but it does seem from this statement that Varga's Partnership Agreement did in fact give him some ability to "cure" objectionable conduct.
And then, finally:
Also the Partnership Agreement is also called the "Content License and Base Network Agreement" in some places; it's not clear to me if this is the same as the Partner Agreement, or a previous version of that agreement. Varga joined the Partner program one year after it launched so I doubt all the proper legalese was in place.
In essence, because the TOS has a break clause with no notification/cure stipulation, that they didn't need to adhere to whatever terms of the Partner Agreement or other contracts they signed with him that *did* stipulate notice and cure.
Varga won his suit, in part, because he was able to successfully argue that Twitch not only banned him for behavior they had said was permitted, but their counter-suit also added reasons beyond what they originally stated and fucked their whole defense. The court also found that at the time, Twitch was in an unequal position of power during contract negotiation because Varga's original host for streaming had shut down and there was no other site Varga could reasonably sign with (and also that Varga had no good point of reference or legal counsel with which to negotiate. Varga also didn't read his agreement before signing it due to what he claims is a glitch in the document signing system Twitch used that didn't allow him to view it in full—but this was outweighed by the other considerations by which Twitch had unfair bargaining power over him: basically a "take it or leave it" contract where they may have intentionally not told Varga he had the ability to request changes to the contract.
(The court also spends a few pages bemoaning the fact that existing case law in this area is mostly bullshit and useless)
Varga won about 20,000 dollars from the court finding in his favor. In other words, 2 months of DSP's salary, which would immediately go to Sweaty JPEGs.
For what it's worth, it appears that Varga's partnership agreement was entered into evidence:
It's not obvious if this is Varga's original Partner agreement or the one that was customized to extend his contract, so it's not clear what clauses were in either of them. Twitch requested several exhibits be sealed, and I think this was one of them, unfortunately, so the agreement terms themselves are still unknown. If someone more diligent/autistic than me can go through the case documents and see if it's attached on some other document, that would be cool and neat.
At the end of the day, unless we know what e-mails DSP was sent, and/or what clauses were in his Partner agreement, we can't know if his claims have any merit. It's unclear to me if the Partner Agreement's NDA is enforced once the Partner is banned. We all know he broke the exclusivity clause of the agreement every single fucking day uploading his videos to YouTube within 24 hours of streaming on Twitch. We also know he's an unrepentant racist who threatens to slap children when they're not nice to him. Varga received repeated notice that his content was in violation of the guidelines.
And, ultimately, my conclusions:
1. Varga had his account banned for a TOS violation Twitch argued still applied despite being a Partner. DSP was kicked out of the Partner program but has been allowed to remain on the platform. I think the rules are going to be different here.
2. We don't know if his Agreement has a notification/"cure" clause, if that applies to his entire account or just his Partnership, or (if it does exist) if he ever received any notification from Twitch in accordance with the clause that gave him time to clean up his act and he failed to.
3. There's no way Twitch would allow anything like this to happen again, so they have probably tightened up all of their legal verbiage to prevent it in the prevailing years.
4. Unless they're really fucking retarded.
To support 3 and 4, we can look at Wings' purported response from Twitch after he got kicked out of the Partner program. Don't know if you can trust him, and the source looks like a Twitter DM so idk, but here it is:
Wings signed the contract in 2014 and got kicked out in 2021. And "SUCH VIOLATIONS ARE NOT CURABLE". Although I guess if you e-mail them they'll look into it. Wonder if DSP's done that yet. He'll read every e-mail that paints him in a good light word-for-word but any e-mail that puts the slightest bit of responsibility in his lap for his mess is always summarized and hand-waved away by a consummate liar.
Even I wouldn't want DSP to get in trouble for revealing shit about a Partner Agreement he agreed not to disclose. But the e-mails should tell the story. If he received even one e-mail to his account of record stating he has 30 days to get his shit together before they gave him the boot, then Twitch's obligations, WITH RESPECT TO THAT CLAUSE, are fulfilled.
Varga won his lawsuit in April this year, and just the other day reached out to Dr Disrespect to offer assistance with any legal action Disrespect might take with respect to his various Twitch bullshit. It's literally a hot topic right now.
DSP doesn't know or care about any of this because he doesn't care about contract law, gaming, the industry, or his self-preservation.
EDIT: One last thing. One of the main arguments against Twitch was that they had an unfair imbalance of power over someone who had no other alternative. This wouldn't fly at all if DSP tried suing because he hasn't been materially harmed. He was able to jump to a new platform, and made 11,000 dollars last month, an option Varga didn't have and which contributed to Twitch's practices being judged as unfair.
There was a recent case where Twitch lost a lawsuit alleging breach of contract, James Varga aka phantoml0rd vs Twitch. Varga is an eSports streamer who had variously pissed off Twitch during his career, including offensive donation sounds and images, mentions of self-harm, and racism. He was permanently suspended. Then:
Twitch attempted to countersue Varga but this was thrown out, mostly because it was stupid (claiming Varga's actions caused harm to Twitch, which, lol). Then, once he sued Twitch, they attempted to receive a summary judgement. This was denied, and the lawsuit was allowed to move forward. Among the causes were: Breach of Contract, Intentional Misrepresentation, and a local California statute regarding unfair business practices, which is pretty loosely stated and can probably be applied pretty widely.
This may sound like a similar situation to DSP's, where he lost his partnership without prior written notice or explanation, but it's a little more complex than that.
In the first place, Varga had an extended contract with Twitch with custom terms, and had his account *permanently suspended*, and it was due to streaming content he had already gotten approval to stream, from a Twitch representative. This is the "Intentional Misrepresentation" charge that was decided in Varga's favor, and frankly makes sense: In the lawsuit it's stated Varga's agreement has no mention of this specific situation ("non-gaming content" but I think this is referring to some sort of CS:GO crate gambling bullshit). If Varga relied on a Twitch employee's assurance he could do this, and then was banned for doing it, this is pretty dumb. Twitch also said that Varga was in cahoots with the CS:GO team to have elevated win rates for the crate gambling, but this was tossed.
Now, my contention has always been that Twitch would be fucking insane not to include a break clause in their Partner contracts, or at least reinforce the existing break clauses that are in effect when the streamer is a Partner, which I think is both the TOS and the Affiliate agreement. And my contention has always been that they would be similar if not the same than the existing Affiliate Agreement and TOS. For reference:
This is the break clause in Twitch's AFFILIATE program contract, with the thing DSP is claiming is illegal highlighted.
This is a similar clause in the TOS (I tried looking for archives of pre-Varga-clusterfuck agreement to see if it's changed but Twitch is good about hiding that shit from the Internet Archives), with the thing DSP is claiming is illegal is highlighted.
This clause can be understood as Twitch's basic ability to ban you from their platform, and banning your account is probably the primary way this is enforced.
But then, there's this:
This is hard to parse, but it does seem from this statement that Varga's Partnership Agreement did in fact give him some ability to "cure" objectionable conduct.
And then, finally:
Also the Partnership Agreement is also called the "Content License and Base Network Agreement" in some places; it's not clear to me if this is the same as the Partner Agreement, or a previous version of that agreement. Varga joined the Partner program one year after it launched so I doubt all the proper legalese was in place.
In essence, because the TOS has a break clause with no notification/cure stipulation, that they didn't need to adhere to whatever terms of the Partner Agreement or other contracts they signed with him that *did* stipulate notice and cure.
Varga won his suit, in part, because he was able to successfully argue that Twitch not only banned him for behavior they had said was permitted, but their counter-suit also added reasons beyond what they originally stated and fucked their whole defense. The court also found that at the time, Twitch was in an unequal position of power during contract negotiation because Varga's original host for streaming had shut down and there was no other site Varga could reasonably sign with (and also that Varga had no good point of reference or legal counsel with which to negotiate. Varga also didn't read his agreement before signing it due to what he claims is a glitch in the document signing system Twitch used that didn't allow him to view it in full—but this was outweighed by the other considerations by which Twitch had unfair bargaining power over him: basically a "take it or leave it" contract where they may have intentionally not told Varga he had the ability to request changes to the contract.
(The court also spends a few pages bemoaning the fact that existing case law in this area is mostly bullshit and useless)
Varga won about 20,000 dollars from the court finding in his favor. In other words, 2 months of DSP's salary, which would immediately go to Sweaty JPEGs.
For what it's worth, it appears that Varga's partnership agreement was entered into evidence:
It's not obvious if this is Varga's original Partner agreement or the one that was customized to extend his contract, so it's not clear what clauses were in either of them. Twitch requested several exhibits be sealed, and I think this was one of them, unfortunately, so the agreement terms themselves are still unknown. If someone more diligent/autistic than me can go through the case documents and see if it's attached on some other document, that would be cool and neat.
At the end of the day, unless we know what e-mails DSP was sent, and/or what clauses were in his Partner agreement, we can't know if his claims have any merit. It's unclear to me if the Partner Agreement's NDA is enforced once the Partner is banned. We all know he broke the exclusivity clause of the agreement every single fucking day uploading his videos to YouTube within 24 hours of streaming on Twitch. We also know he's an unrepentant racist who threatens to slap children when they're not nice to him. Varga received repeated notice that his content was in violation of the guidelines.
And, ultimately, my conclusions:
1. Varga had his account banned for a TOS violation Twitch argued still applied despite being a Partner. DSP was kicked out of the Partner program but has been allowed to remain on the platform. I think the rules are going to be different here.
2. We don't know if his Agreement has a notification/"cure" clause, if that applies to his entire account or just his Partnership, or (if it does exist) if he ever received any notification from Twitch in accordance with the clause that gave him time to clean up his act and he failed to.
3. There's no way Twitch would allow anything like this to happen again, so they have probably tightened up all of their legal verbiage to prevent it in the prevailing years.
4. Unless they're really fucking retarded.
To support 3 and 4, we can look at Wings' purported response from Twitch after he got kicked out of the Partner program. Don't know if you can trust him, and the source looks like a Twitter DM so idk, but here it is:
Wings signed the contract in 2014 and got kicked out in 2021. And "SUCH VIOLATIONS ARE NOT CURABLE". Although I guess if you e-mail them they'll look into it. Wonder if DSP's done that yet. He'll read every e-mail that paints him in a good light word-for-word but any e-mail that puts the slightest bit of responsibility in his lap for his mess is always summarized and hand-waved away by a consummate liar.
Even I wouldn't want DSP to get in trouble for revealing shit about a Partner Agreement he agreed not to disclose. But the e-mails should tell the story. If he received even one e-mail to his account of record stating he has 30 days to get his shit together before they gave him the boot, then Twitch's obligations, WITH RESPECT TO THAT CLAUSE, are fulfilled.
Varga won his lawsuit in April this year, and just the other day reached out to Dr Disrespect to offer assistance with any legal action Disrespect might take with respect to his various Twitch bullshit. It's literally a hot topic right now.
DSP doesn't know or care about any of this because he doesn't care about contract law, gaming, the industry, or his self-preservation.
EDIT: One last thing. One of the main arguments against Twitch was that they had an unfair imbalance of power over someone who had no other alternative. This wouldn't fly at all if DSP tried suing because he hasn't been materially harmed. He was able to jump to a new platform, and made 11,000 dollars last month, an option Varga didn't have and which contributed to Twitch's practices being judged as unfair.
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- Joined
- Mar 4, 2021
ya know, I think he's delusional enough to see content creators like Shirley Curry (85 yrs old) or Khet told him about Hamako Mori (90 yrs old) and thinks "see I don't need a job or a back up plan. back up plans are for when you back your car into something, like rainy day funds are for when it rains"
- Joined
- Mar 31, 2018
Lolyer Phil is going on about employment law and how Best buy screwed him over and Twitch are no nuffin nudnicks
- Joined
- Jan 29, 2021
Guess i'm toxic now!
kiwifarms.net
- Joined
- Feb 10, 2021
Now imagine it comes out you were a fucking bully to your classmates. Your teacher hears from several classmates that you were caught being a snide piece of shit over and over.
That's the beauty of hearing one side of the story, Phil makes it seem like they just picked him out because "why not."
Seriously Phil, no one buys your story and no one wants to be associated with you.
It's all out there on the internet because YOU put it out there. So we need only search up all of your hateful shit and we can find hours of you being a cunt to your viewers.
Michael Janke
kiwifarms.net
- Joined
- Apr 18, 2021
so did phil get his valley girl inflection from the private school he went to? maybe thats how his mom spoke and he picked it up. a lot of people sort of sound similar to their paretns
- Status