14-Year-Old Fortnite Cheater Defended in Court by Mother



/ 10 months ago

14-Year-Old Fortnite Cheater Defended in Court by Mother

Last month, we reported that Epic Games is taking drastic action to crack down on Fortnite cheaters. In fact, the developer went so far as launching lawsuits against cheaters for breach of end user licence agreement (EULA) and copyright infringement for modding the game. As it turns out, one of those cheaters is 14-year-old Caleb Rogers; indeed, he appeared in a North Carolina court earlier this month. However, rather than being defended by a lawyer, his mother acted as his representative. In fact, Lauren Rogers makes compelling arguments against the excessive lawsuit.

Epic has banned Rogers from Fortnite fourteen times. If found guilty, he could be liable for damages of up to $150,000.

Defended in Court by Mother

Mrs. Rogers argues that Fortnite’s EULA – half the basis of Epic’s case – is not legally binding, and thus her son is not guilty of breaching any formal agreement. Furthermore, she asserts that Epic is yet to prove that Rogers modded the game, and so failed to prove copyright infringement. Finally, Mrs. Rogers reveals that she did not give her son permission to play Fortnite. The relevance of this goes back to the EULA: as a minor, Rogers – as per the EULA – requires parental/legal guardian permission to play.

The Mother’s Argument Detailed

In a letter to the Eastern District of North Carolina Court (via TorrentFreak), Mrs. Rogers makes the following points:

“This company is in the process of attempting to sue a 14-year-old child.

Epic Games has no capability of proving any form of modification. Caleb obtained existing cheats from a website with public view, not affiliated with Epic Games, INC, and used those cheats during a game with live stream via VouTube. I may add a multitude of other individuals have and currently are doing this as this letter is being typed.

However, Epic Games INC failed to legally bind underage users with their EULA agreement, which is the contract between the licensor and purchaser, establishing the purchasers to use the software. This being said, the game itself was in-fact free. No purchase of said game occurred.

Please note parental consent was not issued to Caleb Rogers to play this free game produced by Epic Games, INC. Touching on the subject of the game being free, Epic Games INC is claiming profit loss, their attorneys would need to provide a Profit and Loss statement to prove Caleb Rogers live streaming playing their game caused mass profit loss. This is feasibly impossible. 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 scape goat to make an example of him. The company is in the process of suing a multitude of players for this game Fortnite. Instead of Epic Games INC suing the websites providing the cheat codes, they are going after the individuals using these codes.”

Mrs. Rogers argues that, on this basis, the judge should throw the case out. Epic is yet to respond to Mrs’ Rogers’ letter. The case continues.

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Comments

5 Responses to “14-Year-Old Fortnite Cheater Defended in Court by Mother”
  1. Coy says:

    “However, Epic Games INC failed to legally bind underage users with their EULA agreement, which is the contract between the licensor and purchaser, establishing the purchasers to use the software. This being said, the game itself was in-fact free. No purchase of said game occurred.”

    Yeah, that’s not how EULA’s work. You agree to a EULA with signing up with almost any free service, your purchase is signing into the game.

  2. brello says:

    hes a cheat ..scum really.. regardless.. ban him from the internet full stop.. how sad do you have to be to cheat at a game you aim and fire on… so pathetic.. and mummy.. was probably enjoying the peace whilst son was hacking away ruining normal players gaming time.. i hope he gets a massive fine his parents cant pay so they take him into care because theyve gone to prison and he gets adopted into a hell raising preachers family and beaten for sinning daily!!! 😀

  3. Bothways says:

    Obviously the software developer does not need the money. Yes, it is a “message to all players that engage in illegal activity”, it’s also obvious the manufacturer has property to protect. It’s may also true that the mother lets the child do whatever they choose online. You can forensically prove the kid signed up for the account by investigating the computer, if that happens I would be certain you would find plenty of suggestive behaviors and patterns, the case would be made. It doesn’t matter, the manufacturer would likely settle for something acceptable to both parties. More importantly, if this “child” can’t be trusted to operate a computer unsupervised, maybe the parents should be held reasonably accountable.

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