Dear internet,
That video game nondisclosure agreement that your buddies tell you doesn’t matter because “it’s video games” and thus not enforceable in court? It’s probably enforceable in court. In fact it’s very likely enforceable.
To the shock of the world and heaven in the sky, Epic Games has filed a lawsuit this week against a user of Fortnite. The lawsuit targets Ronald Sykes (aka “@Snipa_King2k,” aka “@FNGzus,” aka “@invisiblellama9”) and alleges that Sykes spoiled the surprise of Fortnite Chapter 2 in breach of a nondisclosure agreement.
“Epic is suing Sykes because he broke his contractual obligation to keep Epic’s secrets about the upcoming season of Fortnite®, Epic’s popular video game. Information is currency. Sykes cashed in on what he learned as a User Experience tester for Epic. He did so at the expense of Epic and those in the Fortnite community who were anxiously awaiting the new season of Fortnite only to have some of Epic’s planned surprises spoiled by Sykes’ leaks.”
Sykes was a member of the User Testing Experience, which is fancy talk for confidential beta tester. He along with a number of others were given the opportunity to test Fortnite’s big new update, presumably so it would be as fine tuned as possible before Epic released it to the masses. Sykes allegedly disclosed those secrets before they were meant to be public.
Fortnite Chapter 2’s reveal for those who weren’t glued to their computer for the weekend was massive. The servers went offline for two days as the game was literally engulfed in a black hole, resulting in all sorts of streaming records being broken as people watched a black hole in anticipation of what would come next. The event had been preceded by easter eggs being dropped into the game throughout the past seasons of the game, and ultimately it was a major product of Epic’s work.
Epic is seeking civil relief under the Defense Trade Secrets Act of 2016 (DTSA) as well as the North Carolina Trade Secrets Protection Act (NCTSPA). The DTSA allows for damages for actual loss, any unjust enrichment caused by the leak of trade secrets, and in cases of willful and malicious disclosure, exemplary damages may be awarded of up to two times the actual loss/unjust enrichment.
The NCTSPA is similar in that the language allows for compensation for economic loss or unjust enrichment, as well as punitive damages in cases of willful violation. The lawsuit alleges that Sykes created several Twitter accounts to leak the new map introduced with Fortnite Chapter 2 as well as a number of new features coming to the game.
Epic seeks injunctive relief as well as attorneys’ costs and fees, and economic damages as well as punitive damages as allowed under law. As always, MMO Fallout has provided the relevant documents at our Google Drive for those who wish to read them.
Source: Google Drive
MMO Fallout 