Tag: Epic Games

Epic Settles Lawsuit Against Minor Fortnite Cheater


Epic Games has agreed to voluntary dismissal and settlement in its lawsuit against a minor filed last year in the eastern district of North Carolina court. As part of the lawsuit and due to the defendant being a minor, certain documents have been sealed on order of the court and the defendant has since been simply named by his initials M.F. Epic had instigated the lawsuit after filing a DMCA takedown notice against the defendant’s video allegedly advertising cheats in their game Fortnite. When the defendant counter-claimed the video, Epic issued its complaint to the court.

Plaintiff Epic Games, Inc., by and through its attorneys, hereby gives notice of the settlement and dismissal of this action. Each party shall bear its or his own attorneys’ fees and costs.

The terms of the settlement are not being made public. Epic’s other lawsuit against another minor is still being pursued, with a recent court document submitted detailing issues that the prosecution had with finding and serving the defendants.

(Source: Court Dockets)

Epic Strikes Again: Sues Over Fortnite V-Buck Exploit


Since last October, Epic Games has launched at least six lawsuits against individuals creating or advertising cheats for Fortnite, and as of last week you can add another one to that list. Epic has filed another lawsuit in the Northern District of California court, this time against an individual Yash Gosai, over his advertising of exploits in Fortnite Battle Royale.

While Epic’s previous lawsuits targeted creators and distributors of aimbots, this lawsuit deals with an exploit surrounding Fortnite’s premium currency V-Bucks. According to the lawsuit, Gosai is accused of developing and publicizing an exploit allowing people to gain free v-bucks without paying real money. Epic Games took the action of removing the video via DMCA takedown notice, which the defendant counter-claimed, and now the case is going to court on three claims: Copyright violation, breach of contract, and conversion (monetary damages).

Unlike the other cases we’ve covered where Epic Games is mostly seeking injunctive relief, barring the defendants from playing/cheating in their games, the fact that Gosai is being accused of both using and distributing an exploit to illegitimately acquire RMT currency for Fortnite makes this lawsuit one of the few where Epic is actually pursuing monetary damages. Epic is seeking unspecified damages plus interest and lawyer fees. As Yash Gosai is a resident of New Zealand, this case might take a while.

Both parties are scheduled for a meeting in April.

(Source: North California Court Docket Case 3:2018cv00152)

Another Epic Games Lawsuit Settled With Permanent Injunction


Another Epic Games Fortnite lawsuit has been settled this month. Back in October, Epic Games filed lawsuits against a number of people creating and disseminating cheats for Fortnite in California and North Carolina state courts. A couple of those cases have already been settled and it looks like most of these cases will end with the defendants permanently barred from (possibly) playing and definitely from creating, using, or distributing cheats for Fortnite or any of Epic’s other titles.

Epic alleges that Yakovenko created, developed, and/or wrote a purported software cheat for Fortnite’s Battle Royale game mode; Yakovenko then created and posted several videos on YouTube to advertise, demonstrate, and distribute his cheat; Yakovenko’s videos feature Epic’s FORTNITE mark and full screen gameplay using the purported cheat; and while Yakovenko’s “cheat” does not appear to be a functional Fortnite cheat, it functions as a bitcoin miner that infects the user’s computer with a virus that causes the user’s computer to mine bitcoin for the benefit of an unknown third party.

The terms of the judgement permanently bar Yakovenko from creating or using cheat software in any current or future game owned by Epic Games, or even assisting anyone with creating or using a cheat for one of Epic’s games. Both parties will be paying their own legal fees, and it looks like no monetary penalty will be taken against Yakovenko.

In other news, it looks like Epic Games may have sued another minor. Last year we talked about the lawsuit against 14 year old Caleb Rogers, whose case has not seen any progression since we last discussed it. Epic’s lawsuit in North Carolina court mirrors that of its lawsuit against Rogers, noting that the minor was posting videos on Youtube showing how to cheat and where to get said cheats, with the lawsuit essentially following up on a DMCA takedown notice that Epic had filed. The defendant, M.F., filed a counter-notice under the penalty of perjury that his videos were fair use. In cases where counter-claims are issued, the only option going forward for a copyright holder is to file a lawsuit.

As in the case of Rogers, it looks like Epic was not aware of the age of Moret before filing and as such a number of files have been sealed to the public regarding this case. As with the other cases, Epic appears to be pursuing a permanent injunction on cheating.

Epic Games Settles First Lawsuit Against Fortnite Cheater


Epic Games is on a rampage against cheating in Fortnite, and the first lawsuit has officially ended with a settlement and injunction.

Defendant Charles Vraspir entered an agreement voluntarily with no ability to repeal, that permanently bars him from creating, promotion, distributing, or using any software or device that infringes on Epic’s copyright for any existing or future copyright. Vraspir is restrained from cheating in any game that Epic develops or publishes or even materially contributing or inducing others to cheat in a title that Epic develops or publishes. If Vraspir violates the terms of this agreement, he can be charged $5,000 plus other potential fines.

(Source: Torrent Freak)

In Plain English: No, Epic Games Isn’t Suing A 14 Year Old Just For Cheating


(Update 9/10: Out of respect for the courts, MMO Fallout has redacted the name of the defendant)

Epic Games has made some news this month over the announcement that they are filing lawsuits against people cheating in Fortnite. How many lawsuits? This many, so far:

One particular lawsuit has caught greater attention because it turns out that the defendant is 14 years old. Epic Games filed a complaint against C.R., or Sky Orbit as he is known on Youtube, one month ago for copyright infringement and breach of contract under North Carolina law. The lawsuit here stems from multiple DMCA stikes against the defendant’s channel by Epic Games, taking down videos showcasing and promoting cheating in the video game Fortnite. The defendant appealed said strikes, and under copyright law the only avenue going further for Epic Games is to file a lawsuit.

Further, Defendant is streaming videos of himself playing and cheating at Fortnite by using cheat software (“cheats” or “hacks”) to unlawfully modify Fortnite’s software. In the videos Defendant posts on YouTube, Defendant promotes and demonstrates a Fortnite cheat, and provides viewers with a link to a site from which they can acquire the cheat for themselves.

Epic Games also notes in the lawsuit that defendant has been banned from the game at least 14 times, and continued creating accounts and posting videos on Youtube attempting to promote the cheat program, going so far as to create a second Youtube account to circumvent the takedown notice.

Defendant has been banned from playing Fortnite for this conduct at least 14 times. He nevertheless continues to play using other accounts he created using false names. He has also continued to cheat and to publicly perform and display video of himself cheating on YouTube in an effort to induce others to buy the cheat he sells so that they too can cheat at Fortnite.

A response video by the defendant on the lawsuit can be found here where he disputes the number of bans and claims that the 14 count is exaggerated and is “more like 10 or 5.”

https://youtu.be/OSVeOQfujOQ

Epic has included the Copyright appeal sent to Youtube.

On October 17, 2017, Defendant submitted a counter-notification responding to Epic’s DMCA takedown notice for the First Video in which he stated “i did noting rong this strike is all wrong I was modding in a video game that isn’t against youtubes TOS Why was i striked ?!”

To say that Epic Games is suing a 14 year old because of cheating would be boiling down the story into its base parts and picking out the wrong piece to focus on. It’d be like me covering a burglary and the headline being “Man Arrested For Putting Some Money In His Pocket,” (Note: I’m not equating the two). There is also a misconception going around that Epic cannot sue defendant as he is 14 and therefore not an adult. This is also not true, as in the United States a child can be sued for willful or malicious damages, in which case his parents would be liable for paying said damages. Most states cap this amount, however North Carolina actually doesn’t have such a cap on damages.

In their lawsuit, Epic Games is seeking injunctive relief, barring the defendant from cheating or sharing further videos of cheating in Fortnite, as well as statutory damages due to the defendant distributing said cheats and advertising them on his Youtube channel. One spot where Epic Games may have lost the mark is in their belief that C.R. had a financial investment in the cheat itself. Unless Epic has access to some information that we don’t, the defendant has expressly denied that he is involved in any way with the creation of said cheat program.

On information and belief, Defendant engages in such conduct to promote the cheat via his Sky Orbit and Sky Orbit V2 YouTube channels because Defendant obtains some financial benefit or value in consideration for his video postings and/or the sale of the cheat he promotes and demonstrates in the First and Third Videos.

The defendant’s mother submitted a letter to the court which may or may not have been a bad idea, as it shows a glaring lack of understanding of both the situation as well as what exactly her son is being sued over, and likely divulges more than any lawyer would advise her to say.

Regardless, it is likely that Epic Games did not know the age of the defendant prior to filing said lawsuit, so whether or not they will pursue the case further will have to be seen. This is just one of at least six lawsuits currently pending from Epic toward cheat makers and promoters.

PUBG Is Dominating PC, But Fortnite Is Gaining Speed


The effects of Fortnite Battle Royale on Playerunknown’s Battlegrounds appears to be nil, at least in the sense that the former has seen a great deal of success and yet the latter continues to rise in popularity. Launched as a free addition to Fortnite, Epic’s Battle Royale clocked in an impressive 525,000 peak concurrent user count with 3.7 million daily active users. If Battle Royale was a Steam title, that would put it somewhere in fourth place below PUBG, Dota 2, and Counter Strike: Global Offensive. Meanwhile, Playerunknown’s Battlegrounds continues to shatter records on Steam, setting a new peak of 1.98 million players on Saturday October 9.

Both titles are currently dealing with a swarm of cheaters, an inevitable outcome given the overall active user base. Fortnite announced that it has banned thousands of cheaters and will continue working on features that reward legitimate players while punishing people who cycle through throwaway accounts. In spite of these efforts, Epic also announced that Fortnite is experiencing an issue with false positive bans.

Bluehole meanwhile continues to work against cheating with some success. Despite their efforts, blatant cheaters are dominating the PUBG leaderboards. According to multiple sources, you can identify what are effectively advertising accounts for cheat creators situated in China, as the number strings are QQ (think Chinese Skype) contact details to buy said cheats. How Bluehole plans on taking down cheaters effectively using their platform to advertise their business has not been detailed.

Regardless, it looks like there is plenty of room on the internet for both games to thrive, and continue growing.

Bluehole Interview: Epic Should License Battle Royale, Fears Leaking Secrets


Last night I put out a piece regarding Bluehole Studio and Playerunknown’s Battlegrounds regarding the implied threat of legal action from Bluehole against Epic over similarities between the latter’s Battle Royale mode in Fortnite, and the former’s aforementioned PUBG title. I recommend reading it, it’s a short piece, but the crux of the matter is that neither Bluehole or Brendan Greene own the concept of Battle Royale, nor did either create the genre, and that Bluehole doesn’t have a moral leg to stand on when its own employees were actually criminally convicted of stealing from another developer just eight years ago.

Today, PC Gamer released an interview with Bluehole VP Changhan Kim, in which Kim claims that the press release wasn’t clear and that the issue is about Epic and not the game mode itself. You can read the interview here and make your own conclusion, but many of the questions seem to be avoided or outright contradicted in the same interview. For instance, Kim states that Bluehole isn’t claiming ownership.

So, battle royale is just about last man standing, it’s a simple game mode, and we’re not claiming any kind of ownership over the game mode or genre itself, it’s not for us to even comment.

Despite claiming no ownership over the game mode, Kim makes it pretty clear by using H1Z1 and itself as an example, their belief that Epic Games had an obligation to pay a license to use the concept.

You know that Daybreak Games actually licensed this idea and worked with him to develop their game mode and [Bluehole] did license his idea as well. Not only [did we bring] him to Korea to hire him as the creative director, we licensed his idea to develop PUBG.

Kim never explicitly says that Epic should have licensed the game mode, but does state that they should have had to come to Bluehole before developing Fortnite’s Battle Royale mode.

What I think is, they should have at least came to us before making it and had a discussion with us.

He also goes on convey concerns over Epic’s ownership of the Unreal engine, that if Bluehole modifies the engine to create new features, that they could be leaked or “other things.”

We could be afraid when we make new features in the engine by modifying it internally, that is not already available and public, that feature could be leaked, or other things could happen.

Despite all of this, Bluehole admits that it has not actually been in contact with Epic regarding its concerns over Fortnite, however the stated reason for concern does change at the end of the interview to include confusion by the community as to whether or not PUBG was involved in any official capacity with the development of Fortnite Battle Royale. You can check out the entirety of the interview at the link below.

Playerunknown’s Battlegrounds is currently the most popular game on Steam, nearly doubling the number 2 spot held by Dota 2.

(Source: PC Gamer)

[Community] PC Gaming May Not Be Dead, But Lawbreakers Is Starting Out Weak


Cliff Bleszinski has a long history with PC games, although you may not know it if you just started gaming within the last ten years. For a while, Bleszinski had a great relationship with the PC platform, until Unreal Tournament allegedly sold quite poorly on the system (according to Gamespy online stats from the time), leading up to 2008 where Bleszinski announced that Gears of War 2 would not be coming to PC, blaming piracy. In reality, Gears of War 2 didn’t come to PC because it was an Xbox platform exclusive.

“The person who is savvy enough to want to have a good PC to upgrade their video card, is a person who is savvy enough to know [BitTorrent] to know all the elements so they can pirate software. Therefore, high-end videogames are suffering very much on the PC.”

Certain developers have been exaggerating the effects of piracy on PC for years, going further back than 2011 with Ubisoft claiming that 95% of PC consumers would pirate their product, a factor that runs in direct contradiction to their investor reports which consistently show great sales on PC. As a result of his snubbing of the community, Bleszinski’s name has been somewhat dragged through the mud over the years.

Now Bleszinski apologized for his comment at the 2015 Game Awards, alongside showcasing his upcoming (now released) game Lawbreakers. Well Lawbreakers has launched and while it is receiving very positive reviews, from critics and gamers (87% positive on Steam), the population on PC has been slow to adopt the title. Steam Charts shows a launch day peak of 3,000 which has been steadily dropping over the past week. By comparison, Battleborn launched to a day one peak of 12,000 and is presently sitting at a peak of 280 over the last 30 days, including free trial players.

Bleszinski, for his part, has already responded to news comparing Lawbreakers to Battleborn, noting that the game is “a marathon not a sprint,” and that he would “rather be the underhyped game that slowly ramps up into something that people adore than something that comes out with way too much hype that there’s a backlash for, which is why I think the Steam reviews are so positive.” You can check out the entire interview at Eurogamer.

As for Lawbreakers, we will need to wait and see if the game is able to attract more publicity, and thus a more active population, and what plans are in store should traffic continue to dwindle.

Buyer Found For APB: I Hope It Is Epic


adoración para bulletin

If you’re like me, you still have All Points Bulletin installed on your computer, and occasionally start up the client. For those of you who don’t, you can still read the news ticker here: The ticker is occasionally updated with news on APB and Realtime Worlds, the latter still going through the negotiation process to find a buyer for the former.

A couple days ago, the following appeared on the blog:

=== 22/10/2010 ===
It’s looking like there might be light at the end of the tunnel for APB. The end of the administration process is apparently close and there appears to be a buyer for the game.

You can find more information at the above website, or by launching your APB client. We may see APB come back by the end of the year (or early next year). Perhaps Webzen will take it on, they have something of a history picking up dead MMOs. I think this is the longest an MMO has gone postmortem still being covered here on MMO Fallout.

More on APB as it appears.

Please Buy All Points Bulletin, Epic Games!


Apple Pie Baking

I normally don’t talk about rumors, but if Earth Eternal can get bought up I’d like to think 130,000 player strong All Points Bulletin can get a reprieve as well. There are rumors flying around that Epic Games is gearing up to buy All Points Bulletin, no doubt a disappointment to the players currently working on private servers for the fledgling, if slightly cancelled, MMO. Say what you want about APB, the game didn’t really deserve to crash so early after launch, if anything for the sake of the people who still had 30+ hours of their gametime left (me).

If Epic Games picks up APB, hopefully they will relaunch it as a free to play game with microtransactions and VIP, ala Crimecraft. With the recent updates to the driving and shooting mechanics, APB improved vastly over its previous incarnation.

For those of you who are still wondering how this rumor came to be, Epic’s CEO Mark Rein loves APB. Loves it, almost like a man loves his football. Epic’s spokesperson commented that if there are talks going on, they are in full confidentiality, so there won’t be any information until it goes official, assuming it is credible.

More on APB if it ever appears.