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posted by martyb on Thursday November 30 2017, @12:53PM   Printer-friendly
from the Epic-Fail? dept.

Epic Games, the developer of Fortnite, has filed a lawsuit against a 14-year-old boy who used cheating software for Fortnite Battle Royale and uploaded a video to YouTube showing others how to use it. The boy filed a DMCA counterclaim after Epic Games tried (successfully) to take down his video, and then uploaded a second video doubling down on the cheating (here is a third intact video from the YouTuber explaining the situation, 7m16s). The original video was ultimately removed and resulted in a "strike" against the YouTuber's account. The boy's mother has filed a letter with the Eastern District Court of North Carolina blasting the lawsuit and asking for it to be dismissed. She says that Epic Games failed to bind underage users with the EULA for their free-to-play game and claims that she did not give parental consent for her son to play the game. She also points out that the software in question is easily obtainable online and that her son did not modify the game with his own code:

Epic Games, the game developer of the massively popular Fortnite survival shooter, now finds itself at the center of a heated debate around the ethics of punishing cheaters after filing a lawsuit against a 14-year-old boy. In response, the boy's mother filed a legal note tearing down Epic's lawsuit and calling for it to be thrown out. The ensuing debate has been fierce, with some praising Epic and others decrying the legal measures as excessive and heartless, suggesting this case could become a touchstone for how game developers of highly competitive online titles handle cheaters and licensing agreement violations in the future.

[...] Epic, which has banned cheaters only to see them develop more robust workarounds, has responded by suing both distributors of the software and, now it seems, at least one user of it. Suing an individual user instead of simply banning them is an unorthodox and controversial move because it echoes the misguided actions of the music recording industry in its attempt to crackdown on piracy. That parallel was only further cemented by the note submitted by the 14-year-old's mother in the Eastern District of North Carolina.

[...] "This particular lawsuit arose as a result of the defendant filing a DMCA counterclaim to a takedown notice on a YouTube video that exposed and promoted Fortnite Battle Royale cheats and exploits," Epic told The Verge in a statement. "Under these circumstances, the law requires that we file suit or drop the claim. Epic is not okay with ongoing cheating or copyright infringement from anyone at any age. As stated previously, we take cheating seriously, and we'll pursue all available options to make sure our games are fun, fair, and competitive for players."

Here's some analysis from a copyright attorney (10m53s, starts at 5m45s). He is not impressed with the mom's letter.


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  • (Score: 4, Interesting) by Oakenshield on Thursday November 30 2017, @03:01PM (8 children)

    by Oakenshield (4900) on Thursday November 30 2017, @03:01PM (#603449)

    I listened to the YouTube lawyer analysis and read many of the YouTube comments and only have this to say. What the fuck is wrong with you gamers? Seriously? It's a GAME! If you don't like cheaters, ban them, but to justify suing a kid because he shows others how to cheat is absolutely insane. I have a kid who is obsessed with his gaming to the point of it interfering with his social and academic life and I see now why I just need to cut him right the fuck off completely. It's not much better than Heroin. He plays and gets angry during the games. I ask him why he plays if it makes him so upset all the time, but he goes right back for that fix just like an addict.

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  • (Score: 4, Interesting) by Anonymous Coward on Thursday November 30 2017, @04:14PM (5 children)

    by Anonymous Coward on Thursday November 30 2017, @04:14PM (#603483)

    Haha yaaa, I've never seen people get angry in other hobbies. Pool, cycling, any sports basically. I've seen people get angry in real life when they think they're being cheated. Yup, all heroin addicts!! I will say you should make sure his gaming doesn't interfere with a normal life, but otherwise chill out.

    • (Score: 2) by Oakenshield on Thursday November 30 2017, @07:59PM (4 children)

      by Oakenshield (4900) on Thursday November 30 2017, @07:59PM (#603615)

      Haha yaaa, I've never seen people get angry in other hobbies. Pool, cycling, any sports basically. I've seen people get angry in real life when they think they're being cheated. Yup, all heroin addicts!! I will say you should make sure his gaming doesn't interfere with a normal life, but otherwise chill out.

      He doesn't just get angry now-and-then, he stays angry. And he behaves like a jerk to his family. He explodes when he is called to dinner while gaming, even when he knows what time dinner is going to be. I eventually have to take away his computer or block it at the router. He rants (and sleeps) for a couple of days, but then he becomes a good child again... until... he gets his computer back. Then he's an asshole again. THAT'S ADDICT BEHAVIOR. I had been considering just banning it altogether for some time. It sounds like it's time.

      Some people are gambling addicts. Some are alcohol addicts. Some are drug addicts. Some are gaming addicts. From the looks of how fucking out-of-touch people apparently are over this YouTube kid, it sounds like they only care about feeding their own addictions no matter what is right or reasonable.

      • (Score: 0) by Anonymous Coward on Friday December 01 2017, @05:26AM (2 children)

        by Anonymous Coward on Friday December 01 2017, @05:26AM (#603809)

        Your kid definitely has some serious issues if what you describe is true. As for commenters, I see a mix of anger about cheaters which is understandable, and irritation from others that anyone dares get mad about cheating. "Its just a prank/game bro!" Lawl. Then there are those calling out epic's lawsuit as ridiculous. I think you just have an axe to grind since your experiencing a kid with a real addiction problem.

        • (Score: 2) by Oakenshield on Friday December 01 2017, @12:57PM (1 child)

          by Oakenshield (4900) on Friday December 01 2017, @12:57PM (#603874)

          He definitely has some issues. When he is away from his games, he is watching videos on his phone of other people playing games. It's nuts. His older brother experienced the same thing for about two years until he quit gaming and moved on with his life. A member of my extended family has logged over 2,000 hours on Overwatch. He's 28 and married but only works part time because it interferes with his gaming. 2,000 hours is a full time job for an entire year. They don't have enough money to pay attention, but he has a $500 video card.

          My Alma Mater has a study area that was appropriated by gamers. It was nicknamed the Loser Lounge. The disheveled, greasy, socially dysfunctional misfits that inhabited it inspired everyone else to abandon it. They sit around there all day gaming against each other.

          Do I have an axe to grind? You betcha. Do I retract that there are a lot of addicted gamers and they are defending Epic against common sense and reason? No.

          • (Score: 0) by Anonymous Coward on Friday December 01 2017, @11:48PM

            by Anonymous Coward on Friday December 01 2017, @11:48PM (#604099)

            He's 28 and married but only works part time because it interferes with his gaming. 2,000 hours is a full time job for an entire year.

            How horribly that he does something he likes instead of slaving away for corporations 24/7 until he hits old age. Now that is the True Way to Live.

      • (Score: 0) by Anonymous Coward on Friday December 01 2017, @12:36PM

        by Anonymous Coward on Friday December 01 2017, @12:36PM (#603869)

        Problem with addicttion is: Some people become addicts, some do not. It's hereditary in many cases, probably genetic but could also be early parental influence. But for those that do, they can often become addicted to anything: Gaming, gambling, sugar, alcohol, drugs (even the non-addictive ones).

  • (Score: 2) by takyon on Thursday November 30 2017, @06:31PM

    by takyon (881) <takyonNO@SPAMsoylentnews.org> on Thursday November 30 2017, @06:31PM (#603565) Journal

    Never judge humanity based solely on YouTube comments. Or do, and prepare to utterly condemn humanity.

    --
    [SIG] 10/28/2017: Soylent Upgrade v14 [soylentnews.org]
  • (Score: 3, Interesting) by bob_super on Thursday November 30 2017, @08:11PM

    by bob_super (1357) on Thursday November 30 2017, @08:11PM (#603620)

    > It's a GAME! If you don't like cheaters, ban them

    And since it's a free game, they won't even find a lawyer to sue you for taking away their right to play what they didn't pay for.