I play imperfect information games, such as Stratego. Live streaming and publishing on YouTube / Twitch is a thing nowadays. On gaming sites, people use avatars that do not directly identify their real life personal details / pictures. The video content is the game's progress, including the revelation of private game information, i.e. the setup and piece identities in Stratego (comparable to the revealed hole cards after a showdown in poker).
I am located in the Netherlands (European Union), and play on stratego.com against players from all over the world (mostly European Union and United States). The site has the following terms and conditions: http://www.stratego.com/en/terms-and-conditions/ It is silent about live streaming. However, it states:
"Dutch law will govern all agreements between Stratego and you."
Questions: Is it legal for me to live stream (or publish afterwards) a Stratego game including the revelation of my opponent's piece setups without the following:
- my opponent's consent? Are his/her piece setups subject to privacy laws?
- notifying my opponent?
- editing out in the video program my opponent's avatar?
- the game site's consent? Can they forbid live streaming without the opponent's permission, or can they even add a blanket restriction?
Is there any relevant case law from the world of poker?