The Philip DeFranco Show - PDS 5.23 Leaked "TRASH CONTRACT" Exposes A Lot, What India's Election Results Mean, & More

Starting point is 00:00:00 Sup you beautiful bastards hope you're having a fantastic Thursday. Welcome back to the Philip DeFranco show remember hit that like button Otherwise, I'm gonna throw punch you but with that said let's just jump into it And the first thing we're gonna talk about today is actually an update to a story we covered earlier this week And there are even more updates expected later today So it's probably gonna blow up even more this around one of the largest names and online Entertainment easily one of the biggest people in eSports right now Tfue aka real name Turner Tenney. Earlier this week We talked about the reasons he was suing the organization that he signed with over a year ago I highly recommend you watch that video

Starting point is 00:00:30 But to oversimplify it Turner's lawsuit against this organization FaZe Clan called the contract oppressive alleging that the contract allowed the organization to take 80% of Tfue's earnings from brand deals that they brought him as well as 50% of the money that he made from tours and public Appearances also calling the contract illegal because it prevents him from competing in the marketplace. Which I do want to note here that there are people paying attention for two main reasons. The percentages is one of them. But specifically, and I've been messaged by so many people in entertainment right now, is because the lawsuit alleges that FaZe Clan's gamer agreement violates California's Talent Agency Act because the organization acts like a talent agency by procuring employments and engagements.

Starting point is 00:01:02 The allegation says they don't have a business license to operate as an agency. There were other allegations around the young gamers, conduct that was encouraged. I'm not touching on that as much because in the update, that's kind of been swept to the side. Because the update is that Turner Tenney finally responded. In it he says he's having his lawyer throw out the dangerous acts, the underage drinking stuff.

Starting point is 00:01:19 And the main point of his quick video is he can't really say that much, but he told FaZe to release the contract. He wants people to see how messed up this contract is, just release the contract. Twitch FaZe Banks, one of the owners of FaZe, said that the lawyers were getting on it, that they would get it out. But before they could officially release it, the documents ended up getting leaked. And in that leaked document, it appeared to back up what the lawsuit claimed. An 80% split on brand deals brought to the gamer by the company, 50-50 splits on other things including appearance fees, they're even legally allowed to take 20%

Starting point is 00:01:46 of his prize money from tournaments. The contract also appears to lock him down for three years after the first six month period. Additionally, and this might be why Turner Tenney is having to be so careful about what he actually says, or what he's not saying, is that the termination clause in this contract is wild. It states, in the event of termination

Starting point is 00:02:03 for a gamer material breach, gamers shall be prohibited from playing video games publicly, online or in live tournaments, or professionally for a period of six months from the effective date of such termination. And there is a confidentiality services, the team, company, its affiliates, agents, and or employees, or any other party involved in the services, e.g. the sponsors in any media, including without limitation, any online or print communications, without company's prior written consent.

Starting point is 00:02:34 Right, so there's that part. That's what the lawsuit claims, and then what we've seen in the leaked contract. Now on the other side of this, we're all waiting for a more official statement from the FaZe organization today, although we've seen one of the owners, Faaze Banks, sounding off on Twitter a lot. He also filmed that video where he explained his side of things earlier this week, which we covered.

Starting point is 00:02:50 And his and their main argument has been, sure the contract was what it was, but we've only ever actually taken $60,000 from $300,000 in deals that we brought. Turner has kept the rest, we haven't touched that money, and we've been trying to renegotiate with him, but it's just he's not working with us. And a big part of Banks' argument is that he feels betrayed right that it was family Betraying family because he's been there from for him since the beginning the counters to that defense and statement there I mean there's three one by banks his own admission He allowed shit people to run his business the contract was trash people have argued if we're talking about betrayal

Starting point is 00:03:21 What kind of family what kind of friend would give their family or friend that 80% contract? It's predatory in nature and you as a higher-up either should have known about it or you did know about it. Two, the big thing to remember is the contract is the only thing that matters. And I say this once again as someone that has been burnt by contracts in the past while you had a verbal bro deal somewhere else. Oh, yeah, we're gonna work things out. What is on the paper what you can prove It's the only thing that matters So legally speaking this organization could not only still take 80% of certain sources of revenue 50% elsewhere 20% elsewhere

Starting point is 00:03:53 If the termination clause of this contract was legitimate and it was held up He Turner Tenney could have no source of revenue for six months That's why three it is important to remember that because this legal contract existed It could definitely 100% be used as leverage and renegotiation. You can say that you're offering all these great things to this creator, but your aspirations and the limitations that your deal creates might not line up with his aspirations. And you may be hard pressed and pressured to sign this deal that it doesn't line up with what you want to do because of the fear of legal consequences because of the legal

Starting point is 00:04:24 agreement you signed. Which I will say, and this doesn't touch on the the legality aspect of if certain parts of the contract are actually illegal. I've seen a lot of people saying, yeah, he was 19, but he signed the contract. He should have looked through the contract. Yes, 100% he should have looked through the contract. Anyone in this industry should have looked at their contract. But I also feel like, and I said this on Twitter, I also feel like a lot more people would have a problem with this contract in place if someone like a Jake Paul did it. I'm not trying to villainize people here.

Starting point is 00:04:49 Mistakes are made in business. Sometimes things that you plan don't work out or something that you thought was one way turns out to be another. Ultimately, we're gonna have to wait to see what happens. Personally, I hope that there is some sort of, I don't even know if it's possible at this point, some sort of good conclusion for everybody.

Starting point is 00:05:05 Because unfortunately, situations like this make the industry seem chaotic and less trustworthy and less appealing to involve oneself with. But yeah, that's where we are with the situation. We're gonna have to wait to see, but of course, I'd love to know your thoughts on this. And then let's talk about this story that brings up really interesting ethical questions,

Starting point is 00:05:20 and it's centered around your mother's favorite thing. That's not an appropriate way to start this. The story today centers around sperm. And that's because a judge in New York Supreme Court in Westchester County ruled that the parents of a West Point cadet who died in March can retrieve his sperm and use it for reproductive purposes. At the age of 21, Peter Chew got injured

Starting point is 00:05:35 in a skiing accident at West Point, and four days later he was pronounced brain dead. But because Chew was an organ donor, his body was kept alive for a few more days. And with him being an organ donor, his parents received a court order that allowed for his sperm to be retrieved by doctors who were removing his organs for donation.

Starting point is 00:05:49 But at that time, it was unclear if they would actually be able to use the sperm to reproduce, though they argued that their son's dying wish was to have children. And also arguing that using his sperm would not only allow their son's memory to live on, but for the family name to continue as well. With the ruling saying that Chu had often told his parents

Starting point is 00:06:02 about, quote, his dream of having several children and the responsibility he felt to carry on his cultural and family legacy. And Justice John Colangelo granted them the right to use the sperm, reportedly saying in a ruling, at this time the court will place no restrictions on the use to which Peter's parents may ultimately

Starting point is 00:06:16 put their son's sperm, including its potential use for procreative purposes. And as of right now, it seems like the parents might wait before actually using it. But of course this ruling does raise some ethical questions. Although, it should be noted this is not technically a new debate. The first posthumous retrieval of sperm reported back in 1980, and the first birth as a result of the process reported in 1999.

Starting point is 00:06:33 And around these situations, you have people questioning whether or not consent is needed from the deceased. As far as choose parents, they did not have direct permission from their son to use a sperm in the event of his death. However, they did cite a paper that he wrote in school where he said his dream in life was to get married, have kids, pursue a career in the military, and some reports around this have differing opinions as to whether or not this would be enough. With a peer-reviewed journal report called Human Reproduction in 2000,

Starting point is 00:06:54 noting that there are gray areas, and it concluded that consent from the deceased is preferred but not always needed, saying written consent or verbal consent documented by a healthcare provider is not an absolute requirement, although such documentation would be desirable. The report also notes that while family members might have conflicts of interest when it comes to using the sperm, it is possible that in some cases a reasonable inference can be made if the patient has previously discussed these matters with family members.

Starting point is 00:07:15 But also we saw in 2018 the American Society for Reproductive Medicine released an ethics report that emphasized that the need for consent should be greater. Saying this process quote, is ethically justifiable if written documentation "'from the deceased authorizing the procedure is available.'" But then also adding, "'In the absence of written documentation "'from the decedent, programs open to considering requests "'for posthumous use should only do so "'when such requests are initiated

Starting point is 00:07:35 "'by the surviving spouse or partner.'" And the thing is, in most cases where people are making this request, it's usually involving a surviving spouse. But with Chu, obviously it's different. But at the same time, this is not the first time a request has come from parents In fact a judge in Texas granted a mother the right to have her son's sperm retrieved when he died at the age of 21 In 2009 with a mother intending to hire a surrogate to carry that child and we also saw a similar case in Iowa in 2007

Starting point is 00:07:57 Although there it was so they could donate it to their son's fiance and as far as what's next for the Chu's according to reports There are a few steps that they have to take that might be tricky. This including finding a surrogate that's willing to carry the child. Also finding a fertility clinic that's willing to give the sperm to a surrogate so that they can raise the baby as grandparents. With reports also saying that some hospitals will actually place restrictions on how long

Starting point is 00:08:15 they are willing to hold the sperm of a deceased person. But really regarding this specific situation, we're gonna have to wait to see what happens. I really wanted to share this story because it was definitely odd to me at first and it brought up the really interesting Ethical questions, I want to pass those off to you. Do you feel like this should be allowed personally? So there's no confusion

Starting point is 00:08:30 I would like to go on the record that I would not want this to happen with me I don't pull some video from like six years ago where I'm like, I want 20 kids. We got two. They're awesome I'm done. This is TMI, but I've been meaning to get a vasectomy for far too long I feel like I'm walking around with a loaded gun held up to the head of my future You know, I guess the question comes in stages. One, what are your thoughts on posthumous retrieval in general? What are your thoughts on retrieval from the spouse? And then what are your thoughts about retrieval from parents with or without direct consent?

Starting point is 00:08:56 Do you think you need to have something on paper, something recorded, or can you use like a some something like what we saw with the Chews? I don't know. I'd love to know your thoughts on that. Then let's talk about India, because after six weeks of voting, the largest election in the history of the world has come to a close. We found incumbent Prime Minister Modi being reelected by a landslide. With almost all of the votes counted

Starting point is 00:09:16 as of recording this video, Modi's party, the BJP, has won 303 seats in India's 543 seat parliament. You don't even have to math good to know that that gives them the majority. Now the vote count is expected to wrap up later today, but given the numbers we're seeing right now, Modi has already declared victory, writing on Twitter,

Starting point is 00:09:30 together we grow, together we prosper, together we build a strong and inclusive India. India wins yet again. And then also a few hours later appearing on a stage to give a more formal victory speech. We also saw Modi's opponent, Rahul Gandhi, who's the leader of the opposition Congress party, formally concede the election, saying in a news conference,

Starting point is 00:09:45 I said during the campaign that the people were the masters and today they have given their verdict. Adding, we concede in this election, and also taking to Twitter to congratulate Modi. Now Modi may have won by a landslide, but this huge victory came as a surprise. Before the election, the majority of analysts had predicted that the BJP would actually be losing seats in parliament. Right now, not only did they win, not only do they have the majority, the BJP is actually set to win more seats than they had before. So the question is well, why was this huge win so unexpected? Well, many viewed this election as sort of a referendum on Modi, who was a strong Hindu nationalist. Modi and the BJP were first elected back in 2014 and they were extremely popular.

Starting point is 00:10:17 In fact, they were so popular that the BJP actually became the first political party to win an outright Parliament majority in 30 years. And Modi has been seen as a man of the people, considered hard-working, charismatic, with humble roots as a tea seller. Back in 2014, he campaigned on improving India's economy and cracking down on corruption. But those promises have been largely unfulfilled. Modi has not delivered nearly as many jobs as he promised. In fact, unemployment actually grew in India to 7.2% in just the last year alone, and the unemployment rate is currently the highest it's been in 45 years. Modi had also promised to double the income of farmers who played a large role in electing him back in 2014. But then what we saw over the last few years is the continued trend of farmers operating costs going up, while incomes have gone down.

Starting point is 00:10:54 And also you have some of Modi's economic and anti-corruption policies having gone horribly wrong. Back in 2016, he instituted a sweeping demonetization policy that involved pulling 86% of India's cash from circulation, arguing that this would crack down on money that had not been taxed and fake currency that was being used to fund terrorist organizations. But India's economy is largely cash-based, so the move ultimately hurt businesses and the poor, and experts said that it didn't actually hit

Starting point is 00:11:15 the kind of money it targeted. But one campaign promise that Modi definitely did fulfill while in office was pushing and implementing Hindu nationalist policies. And so for this 2019 election, he campaigned on Hindu nationalism and national security, telling voters that he was the only one who could protect India's security and combat terrorism.

Starting point is 00:11:31 And in that regard, India's recent conflict with their main rival and neighbor Pakistan seems to have helped him. And if you watch this show, you know that's a convenient and beneficial thing for Modi that we covered before. But to give you a little refresher, back in February, a militant group attacked an Indian-controlled region of Kashmir,

Starting point is 00:11:43 killing dozens of soldiers. And Modi responded by promising forceful retaliation and later claimed that his government had struck a major terrorist training camp in Pakistan-controlled Kashmir, saying that they killed, quote, "'a very large number of militants.'" A claim that I feel we should note was heavily contested.

Starting point is 00:11:56 And I really cannot understate how beneficial that was for him. After that, his approval rating skyrocketed from 32% to 63%. But that's in the past. It led us to what we've now seen. What about the future? Well, despite this win, Modi's troubles are far from over.

Starting point is 00:12:09 Obviously, a renewed pressure for Modi and the BJP to address India's economic problem, because you know, in addition to the growing unemployment, many fear that India's economy is slowing down and the country could actually be heading into a recession. That will be exacerbated as Modi faces demands to provide jobs for the millions of young people who are now entering the workforce.

Starting point is 00:12:23 There's also the fear that Modi's win is expected to widen religious divisions in the country. Which regarding religion, Modi's brand of staunch Hindu nationalism is appealing to a large portion of the population there. About 80% of people in India are Hindu, but it's also home to a number of other religions. And India's religious minorities have said

Starting point is 00:12:37 they have felt increasingly afraid and marginalized. And in fact, since Modi took power, there has been a dramatic rise in hate crimes there. And according to Human Rights Watch, a majority of the people who were killed between May 2015 and 2018 in these hate crimes were Muslim. Also, I feel like a thing that we should mention is, you know, while I mention religious minority, we are talking about India, which has like over 1.3 billion people. So when we're talking about the country's Muslim population, while they are a religious minority, you're still talking about the lives of around 200 million people. They make up 15% of the population, so this is affecting a lot of people.

Starting point is 00:13:05 And now Muslims in India in particular are worried that the BJP's rise will disempower them, which is not an irrational fear because the number of seats Muslim parties hold in the parliament is expected to fall to an all-time low. That's just one of the situations in the country that we're very likely gonna be hearing more about. Then there's of course the international.

Starting point is 00:13:19 There is the question, it's not a new question, but the question regarding India and Pakistan, which on that note, once it became clear that Modi was set to win the election, Pakistan's military just so happened to, at the same time, announce that it had successfully fired and tested a ballistic missile capable of carrying nuclear warheads. So fun. But still, at the same time as that, the Prime Minister of Pakistan congrat and allies. Look forward to working with him for peace, progress and prosperity in South Asia. So you know, that's gonna be so fun

Starting point is 00:13:47 and not stressful at all for anybody to just watch for the next however many years. And that's where I'm going to end today's show. Remember, if you liked this video, I love if you took a second to hit that like button. If you're new here, you want more, be sure to hit subscribe. Also, if you're not 100% filled in yet, you can click or tap right there

Starting point is 00:14:00 to watch one of the last two videos you may have missed. Also remember this Friday, Saturday, Sunday at noon, we have brand new solo focus videos being uploaded to this channel. So maybe even a reason to hit that bell to turn on notifications. But with that said, of course, as always, my name's Philip DeFranco.

Starting point is 00:14:13 You've just been filled in. I love yo faces and I'll see you tomorrow.

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The Philip DeFranco Show - PDS 5.23 Leaked "TRASH CONTRACT" Exposes A Lot, What India's Election Results Mean, & More

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