Mum defends teen in gaming lawsuit

[Jester Joe]

She's a shit mother and is neglecting her duty to impress upon him the seriousness of his actions. Just because he downloaded illegal software instead of making it himself doesn't mean he's blameless. By that logic all those DDoS kiddies are blameless as well.

Sounds like you're leaping to conclusions.

A mother is usually going to defend her son regardless of if he's right or wrong. It's a stretch to say she's terrible completely because of that.

[Rustedsaint]

Dumb kid could avoided this lawsuit by not challenging the copy right.
I’m hoping this goes in favour of the company, cheating in an online game is scummy

[PhantasmagoriaX]

I feel like this has some parents responsibility to monitor what the kid is doing, If Epic is going to press charges then i feel the parents should be involved in the lawsuit as well cause he is a minor.

[Runenwächter]

Yes. This has always been the case. You have a few exceptions in regards to parody, news and some other uses. But generally speaking, Blizzard could strike all videos containing World of Warcraft gameplay. They just don't do it, since they made it part of their strategy to utilize that as good PR. Not monetizing those videos only makes a strike less likely.

Try putting up a video of your son playing cards with you and place a known song on that video. It will get an insta-strike from YT algorithm that just detected that you used a song in your video that you do not own the rights to.

How do I know this? Part of my job is to make sure nobody uses the intellectual property of the company I work for. I'm regularly searching through the internet to find videos and other types of content with our IP. It doesn't even matter if it's even just a tutorial video on how to use our services. Granted, I advocate internally not to pursue it and we don't as long as there isn't any malice behind the content. Still, IP is IP. We own the rights to it and get to decide what happens with it.

Also, judging by your name, you are German? You should know how ridiculous Urheberrecht can be.



BBC article is not really well researched.


Mashable has done a better job.

This whole story is quite "old" though. I researched it a bit and found out that those cheating software was up for sale. Now cut me some slack, I'm not sure anymore now whether he sold it himself or not. You actually made me doubt that.

In any case, it doesn't make much of a difference. It was triple stupidity from his side: Advocate a cheat software that's up for sale, using someones intellectual property and then challenging the copyright strike on that video.

I thought there were protections under the fair use regarding non comercial use of the footage that the boys video would have fallen under.

Mashable also does not state the boy profited from or was involved in the sale of the cheat software. It merely states that he was exposing and due to the manner in which he did this promoting the cheat software.

Since the copyright strike through the automated system isnt an "official" copyright strike according to US law (at least to my knowledge), I dont know how much legal bearing that actually has. Perhaps the company would have had to send them a "real" formal notice first. Nontheless, youtube/google has full rights to take down the video. And yes, I am German.

I think the biggest issue with this story is that EPIC GAMES has pretty much doxed a minor. Doesnt anyone find that concerning?

[StayTuned]

I thought there were protections under the fair use regarding non comercial use of the footage that the boys video would have fallen under.

Mashable also does not state the boy profited from or was involved in the sale of the cheat software. It merely states that he was exposing and due to the manner in which he did this promoting the cheat software.

Since the copyright strike through the automated system isnt an "official" copyright strike according to US law (at least to my knowledge), I dont know how much legal bearing that actually has. Perhaps the company would have had to send them a "real" formal notice first. Nontheless, youtube/google has full rights to take down the video. And yes, I am German.

I think the biggest issue with this story is that EPIC GAMES has pretty much doxed a minor. Doesnt anyone find that concerning?

The bold part first.

Absolutely. EPIC GAMES fucked up big time there. I also believe that the mother might have chances of settling out of court because this happened. In any case, she can file a counter lawsuit for doxxing. Not sure what the actual term for that would be.



Now back to the fair use clause.

Fair use clause usually allows for IP to be used within the means of education, criticism, parody, news reporting, scholarship... and some other things I don't remember anymore.

It does not allow you to use someones IP in your videos just because you'd like the world to see how good you are in Counter Strike or WoW. Or any other game.

Again, the only reason you don't see all the videos being taken down is because it's essentially free publicity.


In regards to

Since the copyright strike through the automated system isnt an "official" copyright strike according to US law (at least to my knowledge), I dont know how much legal bearing that actually has. Perhaps the company would have had to send them a "real" formal notice first. Nontheless, youtube/google has full rights to take down the video. And yes, I am German.

It has exactly zero bearing on you, except for the fact that the video will be taken down / muted. That's exactly why when you challenge that strike, the company has to either allow you to put it back up again, or fight it out in front of court.


Regarding whether or not he sold the software. Again, I'm sorry - but I'm not sure anymore. I know that I found out that he advertised that software which is a paid-for cheat, but damn me I can't find it anymore. It's been a few weeks since the story first surfaced. You might as well just disregard what I said in that matter anyway - it has no impact on the decisions made by YouTube or EPIC GAMES.

[Mistame]

I thought there were protections under the fair use regarding non comercial use of the footage that the boys video would have fallen under.

This is only applicable in "light" use scenarios (which probably wouldn't cover actual game play) and is limited by the company's terms of use. You could likely skate by with some screen shots in a player's guide, etc, but violating the company's policies in regards to cheating/exploits pretty much negates "fair use".

[zlygork]

Regardless of what their ToS may be, I disagree with any game related infringement that doesn't even involve money and involves an underage child resulting in anything other than a ban, a lawsuit over it seems crazy to me. Not to mention fortnite has already left a sour taste on most mouths with its disgusting bussiness model

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I feel like this has some parents responsibility to monitor what the kid is doing, If Epic is going to press charges then i feel the parents should be involved in the lawsuit as well cause he is a minor.

My parents wouldnt know shit about what I am doing even if they monitored my online activity for my entire life. Should the parents not allow the kid to do anything from his era due to their ignorance or somehow magically manage to grasp the concepts? These gaming related things may seem obvious to us, but to many that would be like making it illegal to not understand chinese

[Runenwächter]

Yes. Always have and always will.


Irrelevent. If someone uses another persons IP, it is irrelevant whether they are monetizing it. The IP owner has the rights, not some kid who "creates" gameplay videos.


I am afraid they do. That's why the gaming company is the rights holder. They hold all the rights. The kid has no rights to that footage.

The IP holders hold specific rights, not unlimited rights. Thus they do not have as you put it - "all the rights in the world".

Just because you own an IP doesn’t necessarily give you the right to control absolutely all use of them by other people. What countries laws do apply here btw? Under US law there should at least be a detailed examination be given wether or not the use of gameplay footage in non-commercial fashion is fair use and thus can be subject to copyright or otherwise ip claims or not.

I think it is fairly evident that the general terms and conditions that allow people to record and maybe monetize recorded content have exemptions for the promotion of things like cheat software. Thus a genal consent by EPIC - who I am also going to asume are actually holding these rights - cant be relied upon. I dont think a 14 year old kid playing and recording unsupervised would have know that though.

Not condoning his behaviour, but I think for the rights of both parties to be considered and given the sheer imbalance between the means, I think we shouldnt be to eager to grab pitchforks against the kid.

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x

Nah, not going to disregard it. It was polite and informative conversation. Thanks mate.

[ONCHEhap]

Kid was being a shitlord,now he's facing the consequences
Just because his mum is defending him doesn't change the facts

[Rotted]

Got asked to take it down, refused. His own fault.

They gave him a fair opportunity to make it right and he thought they wouldn't do shit.

I'd not call him a scapegoat hes just the one randomer they picked to make an example of.

[Jtbrig7390]

https://www.playstationtrophies.org/...-Fortnite.html

Epic Games is currently in a heated debate after filling a lawsuit against a 14-year-old boy who was found cheating in Fortnite and live streaming it to his YouTube channel. The mother of the boy has filed a legal note against the lawsuit and is calling for it to be thrown out.

Epic has made a strong stance against cheaters, even going as far as suing people that they've caught misusing the game. The developers are currently attempting to sue a 14-year-old boy who, according to the mother, simply downloaded the cheats from a popular cheating site and streamed himself using them.

Despite this, Epic has responded saying that the lawsuit is about the boy promoting the use of cheats on YouTube and refusing to take down the video which they say is essentially a how-to guide for other players to learn how to cheat themselves. After the boy contested the DMCA takedown notice, the company then filed a lawsuit to make a statement that they will not tolerate this from other Fortnite players who might be thinking of cheating as well.

The young boy even uploaded a second YouTube video where he admits to using and live streaming the cheating software in Fortnite and also admits that he refused to take down the video after Epic sent him the notice. This only helps further Epic's lawsuit against him but the mother has made a strong case in regards to how her son is only a minor and that there was no consent.

This is still an ongoing case so there's no news yet on a final verdict. You can read the mother's legal notes below to see her full argument against the lawsuit from Epic. Do you think the developers might be taking it a step too far here? Let us know in the comments.

Welcome to life kid, Hope he learns from this. Epic is well within there right to sue him over this and his mother is a idiot. Doesn't matter if he just downloaded the cheats. He posted a video promoting it, live streamed it and then released another saying he would not take down the video's even tho Epic sent a DMCA.

[grandpab]

Seems a little extreme. Lots of people cheat all the time. Why single out a kid? Ban his account and move on like everyone else does. Unless I'm missing something and he was ddosing people or some shit like that.

[zito]

Seems a little extreme. Lots of people cheat all the time. Why single out a kid? Ban his account and move on like everyone else does. Unless I'm missing something and he was ddosing people or some shit like that.

The only reason they are suing is because the kid challenged the DMCA to bring the video back up. Epics only choice was to sue or have the video get put back up. They probably didn't even know at the time it was a 14 year old kid.

And the mother is an idiot, she has no case here as he broke the user agreement and payed for the cheats in her credit card

[Jtbrig7390]

Seems a little extreme. Lots of people cheat all the time. Why single out a kid? Ban his account and move on like everyone else does. Unless I'm missing something and he was ddosing people or some shit like that.

He was live streaming the cheat, Posting a video on how to cheat. Epic is sueing because they sent him a DMCA and he refused to remove the videos.

He challenged the DMCA and is now being sued for it.

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And the mother is an idiot, she has no case here as he broke the user agreement and payed for the cheats in her credit card

She will be lucky if she also doesn't get caught in it as well since hes a minor and used her card.

[Deleted]

Seems a little extreme. Lots of people cheat all the time. Why single out a kid? Ban his account and move on like everyone else does. Unless I'm missing something and he was ddosing people or some shit like that.

Because if they don't act on counter claims then they literally tell people "We're not gonna do anything"
The kid himself is the idiot who counter claims to begin with.

[zito]

She will be lucky if she also doesn't get caught in it as well since hes a minor and used her card.

She already lost when she said she had no idea what her son was doing. Like... if you're a minor you need permission.

Maybe you should have gotten a lawyer first before writing a letter. Oh well rash decisions must run in the family.

[Jtbrig7390]

She already lost when she said she had no idea what her son was doing. Like... if you're a minor you need permission.

Maybe you should have gotten a lawyer first before writing a letter. Oh well rash decisions must run in the family.

Right lol, This is a open and shut case. The parent and kid have a snowballs chance in hell of winning.

[grandpab]

Oh right...I skipped over the 1 paragraph that would have told me that.

[Jtbrig7390]

Oh right...I skipped over the 1 paragraph that would have told me that.

No biggy it happens.

[oplawlz]

She already lost when she said she had no idea what her son was doing. Like... if you're a minor you need permission.

Maybe you should have gotten a lawyer first before writing a letter. Oh well rash decisions must run in the family.

We can definitely tell that personal responsibility isn't one of their family values.