Mother says her 14-year-old boy is a scapegoat after Epic sues him for cheating

midian182

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Despite coming up with different ways of tackling the issue, cheating remains a problem in virtually all online multiplayer games. Last month, developer Epic Games showed how seriously it views the practice by launching lawsuits against two people who were continuously using cheats in its new Fortnite Battle Royale 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.

The popularity of Fortnite’s free-to-play Battle Royale game mode has seen numerous cheaters join its ranks, leading to creator Epic Games, which was also responsible for the Gears of War and the Unreal series, dishing out plenty of bans.

“We are constantly working against both the cheaters themselves and the cheat providers. And it’s ongoing, we’re exploring every measure to ensure these cheaters are removed and stay removed from Fortnite Battle Royale and the Epic ecosystem,” the company wrote.

But the actions weren’t enough to stop two prolific cheaters, who constantly created new accounts under false names to circumvent the bans. Not only were the pair accused of using paid 'aimbot' software, but they also allegedly offered support for the service and helped stream snipe popular Twitch broadcasters, a practice that has recently seen a lot of PUBG players banned. This led to Epic suing the two players in a North Carolina federal court, arguing that modification of the game’s code is against Fortnite’s End User License Agreement (EULA) and the Copyright Act.

But the mother of the minor has chosen to respond to Epic’s complaint with a strongly worded letter to the court. “This company is in the process of attempting to sue a 14-year-old child,” she wrote.

She argues that Epic has no proof her son modified the game. She adds that Epic wouldn’t have lost money as it’s a free-to-play title, that her son merely downloaded the cheat software and didn’t help create it (as Epic claims), and that releasing her boy's name publicly means Epic has violated Delaware laws related to the release of information on minors.

The biggest point of contention revolves around the EULA agreement. The mother says it isn’t legally binding as minors require permission from parents or guardians, which never happened in this instance. “Please note parental consent was not issued to [my son] to play this free game produced by Epic Games, INC,” the mother explained in her letter.

The mother believes that her son is being made a scapegoat to stop other cheaters. She says Epic should be targetting those websites that create and sell the software, not those that use it.

“It is my belief that due to their lack of ability to curve cheat codes and others from modifying their game, they are using a 14-year-old child as a scapegoat to make an example of him.”

In a statement to Kotaku, Epic said: “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. 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.”

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Sounds to me like she did more to damage her son's defense than to help with a letter that was not very well thought out. She'd have been better off getting a lawyer. She basically admitted that her son did what he was accused of doing and went on a senseless tirade accusing the accuser. That's a tactic that rarely works in a court of law.
 
I'm okay with this. Sorry lady, your kid is a jerk. And she's right- they are absolutely making an example of him. Epic could go after the creators of these cheat systems, sure...But take one down and another will pop up. Instill a fear of legal action in potential cheaters and you'll see results.
 
Yeah, she screwed up by not sending an apologetic letter and saying her 14 year old son had his computer taken away for being such a bad boy. Instead, she's made things worse as she may now be allowing her son to break the law, with her implicit permission. That will only add her name to the lawsuit.
 
I'm okay with this. Sorry lady, your kid is a jerk. And she's right- they are absolutely making an example of him. Epic could go after the creators of these cheat systems, sure...But take one down and another will pop up. Instill a fear of legal action in potential cheaters and you'll see results.
I agree the kid has a lack of common sense and is willing to do anything, or so it seems, to get his ways.

Regulations against doing things are always violated. Even if the cheat makers pop up elsewhere, they are the chief enablers in this case. The addicts are always out there and the pushers will find a way to supply them, but making it tough on the pushers will, by default, make it tough on the addicts also.

That said, I would be surprised if her parental consent argument holds water in court. Parents of juvenile defenders have never given consent, but the kids did it anyway, and the kids, typically, are held accountable for offenses.
 
Im very sure that the 14 yr old child is smarter than her mother. Learn to monitor your child in front of the PC.
Pretty easily said, but I suspect that it is not so easily done unless the parent is technically literate enough to put in a decent firewall that limits or monitors the kid's internet access. I highly doubt the parent is that technically literate.

As a kid, I was sneaky and did things my parents never discovered. Kids these days, or so they say, are smarter, and I would not be surprised if they are much more sneaky than I was.
 
This is the real issue, Mom. “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. Under these circumstances, the law requires that we file suit or drop the claim." your little brat got caught and exposed for the cheating online. Your precious little bugger eater needs to grow up and you need to be the actual parent for your kid! Letting your child run the home is part of the issues with our society as a whole. So Mom, get it together and make your child apologize to the game owners and to all the people he cheated to win against. There is nothing folks hate more than a cheater. Someone needs to put this kid on a football team and make him learn about sportsmanship.
 
Blizzards Epic's system DOES seem broken. If a player can just keep creating new accounts, and you cant figure out how to IP or MAC ban them, your anti cheat system really sucks. And hwo hard would itbe to make the client scan a player's system for known cheating tools, and refuse to launch until said tools were removed? We've already long solved this problem, yet devs continue to reinvent the wheel. The lawsuit also smells of a lolsuit, as EULAs have already been shown to have 0 legal standing due to their atrocious length, and copyright being stolen is just a laughable argument. Especially as it is a free game, there is nothing blizzard could do to stop the kid from downloading and playing it.

Regardless, the mother should know her kid screwed up. Of course, I also dont expect someone who cheats in games to admit they were wrong for any reason, and it doesnt surprise me that the mother will defend her son no matter what. You hear it all the time from family members of violent individuals all the time "He didn du nuffin! He waf a good boy!"

EDIT: wrong company.
 
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Blizzards system DOES seem broken. If a player can just keep creating new accounts, and you cant figure out how to IP or MAC ban them, your anti cheat system really sucks. And hwo hard would itbe to make the client scan a player's system for known cheating tools, and refuse to launch until said tools were removed? We've already long solved this problem, yet devs continue to reinvent the wheel. The lawsuit also smells of a lolsuit, as EULAs have already been shown to have 0 legal standing due to their atrocious length, and copyright being stolen is just a laughable argument. Especially as it is a free game, there is nothing blizzard could do to stop the kid from downloading and playing it.

Regardless, the mother should know her kid screwed up. Of course, I also dont expect someone who cheats in games to admit they were wrong for any reason, and it doesnt surprise me that the mother will defend her son no matter what. You hear it all the time from family members of violent individuals all the time "He didn du nuffin! He waf a good boy!"
this isnt blizzard.......

"Please note parental consent was not issued to [my son] to play this free game produced by Epic Games, INC"
actually, it was, when you gave him a computer and didnt monitor what he was doing on it, you indirectly consented that he is responsible for anything stupid he does.
 
From checking online, the following information must be provided when making a DMCA counter claim:
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located.

There is no mention of an age limit. If the kid is old enough to create the counter claim and force the copyright holder to take legal action, then he's old enough to suffer the consequences. Or his parents can.
 
Instead of punishing the child like a normal parent and or taking the pc away she writes back that its' their fault he is able to cheat and continually get away with it. Millennial parenting at its finest.
You don't know that she didn't do exactly that as well as write the letter.
Let's stop being judgemental and let her parent her kid, you go parent yours.
 
Im very sure that the 14 yr old child is smarter than her mother. Learn to monitor your child in front of the PC.

Wrong you need to read that article closer again, the mother didn't give a damn and trying to protect the kid ?
What the company needs to do is target her for the suit, especially if she lets her son still do it without guilt.
She can strongly worded all she likes if she is still letting things happen despite what has happen.
She is fair game to the law system, they need to court order her to hand over his and her computer.
If they find any aimbot tools on the hdd then excuse my words but it will be her ***.
 
Ok did some reading and found the comment below from https://www.kotaku.com.au/2017/11/14-year-old-video-game-cheater-sued-mom-defends-him/ user Choosk

http://www.eurogamer.net/articles/2...ld-son-sued-by-epic-over-fortnite-cheat-video

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.


This seems like if EPIC decide to proceed the mother and son are going to loose
 
Wrong you need to read that article closer again, the mother didn't give a damn and trying to protect the kid ?
What the company needs to do is target her for the suit, especially if she lets her son still do it without guilt.
She can strongly worded all she likes if she is still letting things happen despite what has happen.
She is fair game to the law system, they need to court order her to hand over his and her computer.
If they find any aimbot tools on the hdd then excuse my words but it will be her ***.

Lol. You need to read. You can be her good lawyer. In the end, you will come to your senses that you had lapse in taking responsibility of your child and instead of being diplomatic and discrete about it.
 
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