Some have taken the extraordinary measure of filing suit against the alleged perpetrators, such as Epic Games did last month against two users of cheat software in its Fortnite game. What the company probably didn't know at the time, however, is that one of them is 14 years old, and his mother is now vigorously defending her son.
Not only that, but the mother makes a convincing argument that it would be hard for Epic to prove in court that her underage son was bound by its end user licensing agreement (EULA) given that Fortnite is a free-to-play game and its EULA did not contain an option for underage users to obtain parental consent, which she says she never gave.
She also says the case is based on a loss of profits, but argues that it's a free-to-play video game, and that in order to prove a loss Epic would need to provide a statement certifying that Rogers' cheating directly caused a "mass profit loss".
She adds that instead of going after the cheaters, Epic should be targeting sites that offer warez in the first place (a bit like going after the dealer, not the addict, really).
Essentially, the young offender was live streaming himself playing Fortnite Battle Royale while using cheats he downloaded online, and Epic caught him after he challenged YouTube taking down one of his videos.
"In using cheat software to modify the game's code in this way", said Epic in its original complaint against the two defendants.
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Instead of responding to the lawsuit via an attorney, the boy's mother came out to his defense instead.
The company claims the 14-year-old incurred in copyright infringement due to the fact that he altered the game's code without permission and to favor his own character in the game, which also goes against the "no cheating" rules established by the studio. It started after the creators have released a new update for the game "battle Royal". "As we said earlier, we take cheating seriously and will use all possible means to have our games remain fun and fair and supported among gamers, the spirit of competition". "Under these circumstances, the law requires that we file suit or drop the claim".
"Referencing State of Delaware House Bill No. 64 it is illegal to release under age individuals' personal information by any agencies". 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. This week we're seeing a bunch of bug fixes while also a few new additions to the game itself.