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30 November 2017, 12:40 | Rudolph Thomas
Promo art for Fortnite Battle Royale.
The mother makes a case that Epic shouldn't be suing them, but rather, the companies that offer the cheating software instead, and wants the case thrown out.
There is no charge to play the game, but Epic says cheat codes spoil the game for others and cut into the company's profit in the process.
She has addressed the court directly through a letter, which attacks Epic's handling of the case on a number of grounds. "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.
She also said that under the shooter's Terms and Conditions a minor needs parental consent, which he never gave to her son.
The lawsuit said the boy has used fake names to keep playing "Fortnite" despite being banned more than a dozen times and posting videos on YouTube showing himself using the illicit software and displaying links to a web site distributing the cheats. Caleb's mom was not having any of that, and in a law-savvy turn of events, she filed a counterclaim in court defending her son against the Fortnite creators. "We take cheating seriously, and we'll pursue all available options to make sure our games are fun, fair, and competitive for players". The kid's mother informs the court that the game publisher has no right to go after her son, accusing the company of using him as a scapegoat.
Earlier it was reported that Epic Games has filed a lawsuit against two players using prohibited software in Fortnite. One of these alleged cheaters is a minor, a 14-year old, and his mother is attempting to fight back claiming that Epic is using her son as a scapegoat and that the studio actually broke a DE law related to the release of information on minors in publicly releasing his name (via Kotaku).
She argues that Epic has no proof her son modified the game. What do you guys think Epic Games should do in this situation?
Although Epic was just pursuing what it legally thought was right to do to protect its game, the company made the mistake of publicly naming the 14-year-old cheater, which is not legal according to DE state law.
"Referencing State of Delaware House Bill No. 64 it is illegal to release under age individuals' personal information by any agencies".
The full patch notes can be found over on Epic Games' website. 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 DE laws related to the release of information on minors.
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