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Epic Games Suing Fornite Cheaters, Including Minor Whose Mother Responded

Category: Gaming
Posted: 12:14PM

This is probably not how Epic Games expected things to go. The company behind the game Fortnite, and much more, has been going after individuals it identifies as cheating in that game with lawsuits. Under the Digital Millennium Copyright Act (DMCA), Epic argues, it is illegal for a user to edit the game using the company's intellectual property, so the company filed suits against those who allegedly made software for cheating in Fortnite. After this though, Epic went a bit further by suing two cheaters, one of whom is a minor who decided to speak out about it on YouTube, and this is where things start getting more interesting and more complicated.

Based on what is said by the minor, Caleb "Sky Orbit" Rogers, in his video speaking about the lawsuit, it appears the lawsuit does not directly stem from his cheating, which he admits to in this video, but from videos he had put up previously. Epic had issued a DMCA takedown request for these videos, saying they amount to a guide on how to cheat, and was then promoting it on his YouTube channel. Rogers then proceeded to challenge this takedown request, which put Epic into the position of either dropping the claim or file a suit against him, with the latter being the company's choice. This appears to be the lawsuit Rogers then made a video speaking about, where he admits to the cheating and states where he got the software to cheat, emphasizing it is free for anyone to download.

Now it gets even more interesting as Rogers' mother wrote a note to the court challenging Epic's ability to make the copyright claims, in part alleging her son could not be in violation of Fortnite's EULA, which would naturally prohibit the cheating he freely admits to, because he is a minor and thus legally cannot enter into such a contract, without the consent of a parent or guardian. Further she claims that because Fortnite is free to play, there is no license agreement between Epic and the players because no purchase occurred, establishing a contract between licensor and purchaser. Additionally she makes the point that Epic illegally revealed her son's name in the lawsuit, as he is a minor. For all of these reasons, the mother requests the court dismisses the case.

This could definitely become an interesting court case to follow, depending on how the court chooses to respond the claims in the mother's note.

Source: Polygon

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