- The kid streamed videos of himself playing and cheating on fortnite, while promoting and demonstrating the cheat, and provided a link to donate and get the cheat program. - The 14 year old kid was warned numerous times by Epic Games, and had videos and channels removed, and his fortnite account banned. - This didn't take, and the kid created numerous fake accounts to circumvent the ban, and also created new youtube channels to keep streaming, and kept providing links for the cheat and donations. - The kid even went to the extent as to taunt and insult Epic in his videos and social media, and even doxxed the personal details of one of Epic’s legal team. - In the US, a 14 year old child can enter into a contract and be responsible for the rights and damages within that contract (might vary state to state), so this might show that the EULA is binding. - When suing someone in court, they must declare who they're suing (although this probably protects minors) - Plenty of precedence in the 80's/90's where a person who broke the EULA has been brought to court and successfully sued. - This case might set a new precedent regarding underaged persons being bound by EULAs even when it comes into F2P games - It's not about how it affects other people playing the game, but also the employees of the developers who rely on their jobs to provide for themselves and their families. - A letter from mom wouldn't undo the repeated offences of the child, considering Epic did take numerous steps in order to control the situation, but were pushed to further action due to the child's idiocy.
In a nutshell, because the child filed a counterclaim, Epic either had to accept and withdraw the DMCA action, or escalate the suit to court. These were the only two options they had according to law.
So he really forced the issue.
Techdirt has not posted any stories submitted by Wintermuteau.
He counterclaimed DMCA, so....
Some finer points about this lawsuit:
- The kid streamed videos of himself playing and cheating on fortnite, while promoting and demonstrating the cheat, and provided a link to donate and get the cheat program.
- The 14 year old kid was warned numerous times by Epic Games, and had videos and channels removed, and his fortnite account banned.
- This didn't take, and the kid created numerous fake accounts to circumvent the ban, and also created new youtube channels to keep streaming, and kept providing links for the cheat and donations.
- The kid even went to the extent as to taunt and insult Epic in his videos and social media, and even doxxed the personal details of one of Epic’s legal team.
- In the US, a 14 year old child can enter into a contract and be responsible for the rights and damages within that contract (might vary state to state), so this might show that the EULA is binding.
- When suing someone in court, they must declare who they're suing (although this probably protects minors)
- Plenty of precedence in the 80's/90's where a person who broke the EULA has been brought to court and successfully sued.
- This case might set a new precedent regarding underaged persons being bound by EULAs even when it comes into F2P games
- It's not about how it affects other people playing the game, but also the employees of the developers who rely on their jobs to provide for themselves and their families.
- A letter from mom wouldn't undo the repeated offences of the child, considering Epic did take numerous steps in order to control the situation, but were pushed to further action due to the child's idiocy.
In a nutshell, because the child filed a counterclaim, Epic either had to accept and withdraw the DMCA action, or escalate the suit to court. These were the only two options they had according to law.
So he really forced the issue.
Techdirt has not posted any stories submitted by Wintermuteau.
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