14-Year Old Video Game Cheater Sued, Mom Says He's A Scapegoat

Last month, Epic took the unusual step of not just banning two Fortnite players from the game for cheating, but taking them to court. It’s since been revealed that one of the accused is only 14 years old, and his mother is not happy.

[Death]

Wow. So the kid posts a vid on how cool it is to cheat at Fortnite. Epic sends a letter demanding he take down the vid or they sick lawyers after him. Instead of taking the vid down he sends a DMCA counterclaim. Epic sends the lawyers. Seems pretty cut and dry.

[C-H-E-F]

exactly, that's what he gets, and his parents SHOULDN'T be letting their CHILD play a shooting game. I wasn't allowed when I was younger, so I had to get my older brother to ask for the games and then i'd watch him play games like Metal Gear Solid until I was old enough to play those games (17).

[DonkeyWalrus]

Wow dude that's pretty lame

[goldwyncq]

Just because you were deprived as a child doesn't mean others have to be as well.

[C-H-E-F]

Seriously? so you'd let a child watch a rated R movie? Porn at the age of 5/6?Yall really don't have an idea of brain development.

Edit: however to each their own, i'll raise my future children the way i see fit and yall do the same... I'll tell you one thing though, most of these mass shootings are happening by people exposed to violence at a young age, not saying games cause it, but violence in general. Rather it's bullying, movies, tv shows, parents assaulting one another etc. So i WILL expose my future children to as little violence as I can while they are adolescents.

[AnubisG]

You could not play it but you could watch it? That makes no sense.

No, no one should let a 5 year old watch porn. What a stupid thing to say. Fortnite is a kiddie game. Very cartoonish, small kids can play that, it's ok. I have a 3 year old and I'm already showing her Spyro the Dragon, Croc, Crash Bandicoot and The Castle of Illusions. Fortnite not just yet. But if she will be around 10, than yeah.

I was 12 when I played all sorts of crazy games and I turned out fine. Did not harm anyone in my life and can tell the difference between real life and a video game.

That is what your parents should have tought you instead of not pletting you play but letting you watch those games. That what happens in video games is not real but make belief.

[BLAKHOODe]

You're trollin', right?

Assuming you're not, there is no denying that violence, rather being a witness to it or being involved directly, can screw up one's mind. But trying to avoid it is practically impossible and therefore irresponsible. It's an unfortunate part of life that you're going to be exposed to violence.. just watch the news. ***The important thing to teach a child is how to differentiate real world violence and "make believe" violence.*** Otherwise, you're going to be raising a wuss that's going to get slaughtered by the real world when they grow up and you're not around to hold their hand crossing the street.

[EatCrow]

Well he is 14. He is getting to that dialogue oriented time period. You can't strangle your kids into submission at this point. This is where you have to be actually talking with them in order to create a more mature relationship instead of maintaining a childlike one.

[FullmetalRoyale]

The first rated M game I played was God of War, and I bought it for myself at seventeen.
I do what my mother did with me for movies as a child; I go through it beforehand to see if I think it is appropriate for my child.
Not all R ratings, and not all M ratings are created equal after all.

[lellkay]

Lame, just because your parents didn't let you doesn't mean he shouldn't. This isn't about age, this is about the kid not taking down the video after being asked to.

[lellkay]

Education in a mature way from parents is far more effective than "not letting them play, but they can watch their brother" jesus thats ridiculous.

It's just a game, and if the kid is mature enough to play it and understand that its just a game, so be it.

[C-H-E-F]

@FullmetalRoyale

And that is true, not all games are bad, nor movies, age appropriate material should be exposed to children.

As to all the clowns out there, my brother played the game I used to sneak and watch him play it. I wasn't supposed to and he educated me on things that are bad in real life that's in the game.

When I play GTAV, i hear so many CHILDREN on that game, that is definitely not a game an 8 year old should play but they do, the same with COD, BF, and other games of that nature. And I went to all genres, from games to movies, tv shows etc. to just show that Games are rated M for mature (17+) why would you allow your child to play GTAV for example at an age earlier but not want to expose them to a rated R movie, or porn or a tv show that shows violence. But hey, this will be yall kids that you're raising so you can do what you will with them.

@gbsrnctaln
As for the millennial crap, dude anyone born after 1978 - early 00's is a millennial, so stop that crap, just following fox news and saying anything that you heard without much research so go back to your cave..

[adamwparker]

My daughter just turned 5 yesterday. YESTERDAY. And throughout her whole last year of being four, she had played Lego Jurassic Park and Minecraft a lot early on. Then, once games like Minecraft trained her how the thumbsticks control a character(left moves, right looks) and she became used to that, she explored on No Man's Sky(creative mode), fights robots on Horizon:Zero Dawn(and has a blast doing it), we team up on FIFA, and we even play ARC:Survival together split screen because she loves riding the dinosaurs and exploring.

What I'm basically saying here is that, even though my girl is very young for video games, with proper teaching and vetting, plenty of games with violence can be fine for them. It's how you show them what's proper and what's not, when it comes to the real world. As long as you've established with them that it's just a game, your child should just be able to have fun like everyone else.

Keep in mind though, with physical violence and scary images throughout many of the games she plays, I still do hold a line at language and nudity. I don't buy GTA games because I can't filter/control the audio. And games like Witcher(which surprised me with some nudes) I waited to play until she was in bed.

The only thing that bothers me about my daughters gaming experience is how the PS4 controller is so darn big in her hands and I know it is uncomfortable for her.
Luckily, child size controllers are FINALLY coming out in a couple weeks! #ChristmasPresent

Some small children get video games quickly, others take more time, but either way, I think it's better to introduce them to the spectrum in a timely and learning manner rather than just shield them until their 16.

[gamer7804]

While i agree he's getting what he deserves, ill leave the parenting aspect up to each parent as they are the ones raising them.

[KwietStorm_BLM]

Sucks for you

[generic-user-name]

Nearly spat my half-chewed cocktail sausage out of my mouth when I got to '17'.

[DialgaMarine]

That’s kindof silly. Fortnite is rated T for Teen, and it’s a relatively juvenile game in terms of dialogue and violence. I see no reason why a 14 year old can’t play it. Not sure how you can possibly compare it to a R rated film or porn.

[Artemidorus]

You missed out on a potential good childhood gaming wise.

[trooper_]

Lol, I was playing some violent games when I was younger. At least I could tell the difference between reality and fiction.

[TheHan]

I agree 100% Kids shouldn’t be playing games that aren’t for their age bracket. Same goes for parents who buys those games for their children. They need to stop and be sure it’s rated properly for the child.

[rainslacker]

Dunno why the mother is upset. Sure, he's a scapegoat. Doesn't mean the kid didn't do something wrong. Just because you are made an example of doesn't mean that you are clear of any wrong doing.

Maybe discipline the kid, instead of trying to assuage his wrong doing. 14yo is old enough to distinguish between right and wrong, and old enough to be held accountable for one's actions.

[TheSaint]

Him and his mother hit disagree.

[Many-hat5]

This game isn't doing too well,commercially. It has nothing to do with a 14yr old cheating. With that in mind, it is highly unlikely that Epic can win this, and quite frankly, they shouldn't. However, the legal system is as corrupt as any other, we see this time and again. To Epic. You don't take 14yr old boys to court for alleged cheating in a video game, you just don't do that. 14yr old's cheat because they don't have the maturity to understand beyond their own selfishness, It's called growing up. Epic are the ones who should know better, they're the ones behaving like 14yr old's, imo. Just because they can. So,there!

[TankCrossing]

Epic aren't doing anything unreasonable. They submitted a copyright takedown notice to remove a video from Youtube.

Once the DMCA counterclaim has been filed, Epic must either drop their claim and allow the video (and subsequent videos of the same nature) to remain on youtube, or follow through with the legal procedings. He isn't being "sued for cheating", and he opted into these legal procedings of his own accord because he didn't want to comply with the copyright holder removing his video.

They also haven't disclosed the child's identity. He did that himself when he typed his name into the DMCA counterclaim, which is public record.

[Ittoittosai]

He is 14 he cant legally opt in on anything legal or otherwise with out parental consent so there goes that argument.

[TankCrossing]

Ittoittosai hath spoken. Expect the case to be thrown out, and the video to be made available on Youtube immediately.

Oh no wait, you don't know what you're talking about.

[morganfell]

Expect Parental Civil Liability laws to kick in quickly as well as Parental Negligence statutes. Do you think Epic would bring a case their lawyers told them they couldn't win? To do so would be to invite everyone to act like this 14 year old. People need to wise up and realize that it is the parents that will ultimately be held responsible.

Even her opening statement invites it: She says that Fortnite’s terms require parental consent for minors, and that she never gave this consent.

That puts the blame clearly on her as part of Parental Negligence.

[CrimzonRazor]

Not sure why you think the game isnt doing well, its got millions of players.

[Cobra951]

How sick has this industry gotten? Suing a minor for cheating in a game--and not some individual idiot with money doing it for the lols, but freaking Epic Games. So if I play an Epic FREE-to-play game, and I manage to have fun with it for FREE for a long while, do I get sued next? One more thing for me to hate about this predatory business model.

The best ammunition the mother has is the release of the kid's name to the public. A good lawyer should be able to turn that into a wallop of a counterclaim.

[Cryptcuzz]

I hate cheaters, as they ruin so many peoples enjoyment of playing games the normal way. Not everyone has the luxury of playing games any time they would like (work, school, raising kids, etc.) So it's hard to emphasize with the kid who did this. Who knows how many days/evenings of gaming he has ruined for others since this whole incident occurred.

[Mr Lahey]

You guys support Epic on this!?

"She says the case is based on a loss of profits, but argues that it’s a free-to-play video game, and that in order to prove a loss Epic would need to provide a statement certifying that Rogers’ cheating directly caused a “mass profit loss”."

That's basically Epic bringing a kid to court over Microtransactions..

[Ittoittosai]

Yep

[rainslacker]

So, the woman is an idiot and doesn't realize that F2P doesn't mean non-profit, so it's not a valid case?

The case is that Epic filed a DMCA claim. The kid filed a counter-claim, at which point Epic either had to drop the claim, or sue over it. Pretty standard fare. Epic isn't the first company that has done this, nor will they be the last. The thing is though, most people actually just drop it at the DMCA claim, and sometimes, companies don't follow through on the counter claim. Epic is one of those companies that does it to the point of being boilerplate.

All DMCA claims are based on loss of profit, but that profit doesn't have to be significant, or even real.

But lets break it down to what could be harmful to Epic over this....or at least how they're likely to present it in court.

Epic will show that it was possible to circumvent the game code, and thus violated TOS, and that by posting a video of such a thing, it encouraged or demonstrated to others how to do it. Such a thing could indeed cause a loss of profit.

Whether it's about the avoidance of MT or not is inconsequential to the overall problem the kid has right now, because despite MT...or people's feelings over them....Epic is within their rights to protect their own IP, and revenue stream.

[aaronaton]

Here in the UK you cannot disclose personal details of a court case that involves a minor. What is going on with this one? seriously? If this was the UK, EPIC would face huge problems in the high courts. EPIC shares would be flying off faster than a tarts knickers.

[Deep-throat]

They didn't know that he's a minor.

[CitizenFour]

Ignorance is not a legal defense in court.

[TankCrossing]

Where have you seen Epic disclose the kid's personal details?

I'm no Lawyer, and even less knowledgable when it comes to US law, but everything I've seen seems pretty by-the-book.

[CitizenFour]

Not sure why you're getting disagrees. This could be a legal issue for EPIC..
The mother should file a lawsuit in this regard. It's the same thing here in Canada, you cannot legally release this information publicly.

I do the hiring for a company here which requires applicants to submit a criminal record check. We let small things slide, but anything major will result in them not being hired.
In some instances, we've had people show up with "Defer" on their criminal record. Which basically just means it doesn't come up negative (there is a charge). Sometimes this is a charge that occurred when they were a minor.
These people end up missing out on a job opportunity, because we aren't able to see what they were actually charged with. The RCMP can't legally release the information.
The RCMP won't even release details to the very same person who was charged as a minor. It sounds extreme, but it's how the law works...

[CrimzonRazor]

Your not suppose to count a Deffer against a person, it is not the same as a guilty charge. If charges are deffered it means those charges are dropped, after certain conditions are met. If you're not hiring people because of that you are discriminating against them for things they were never charged with or found guilty of and are in the wrong.

[CitizenFour]

Crimzon, Don't jump to conclusions.. I never said we automatically refuse to hire someone with a defer on their record.

Firstly, In those scenarios we simply ask for more details. I work with a gaming commission (casino industry) and Gaming investigators can simply meet with RCMP and the person charged. If it isn't something major, we hire them. It is up to our discretion. HOWEVER, if they were charged as a minor, RCMP can't legally release that information, to anyone, including the gaming commission, therefore we are unable to determine what they were charged with.

Secondly, it doesn't always mean charges were dropped. It can show up for a variety of reasons.

Thirdly, many companies use third party companies that provide criminal background check services. They will provide you with "negative" (clear). Or it can come back "Positive", "Not Clear”, “Not Confirmed”, OR "Defer" (Defer as in DEFER TO LOCAL POLICE)

[CrimzonRazor]

Epic are not the ones who disclosed the kid info he did that himself.

[rainslacker]

Epic, already having a team of lawyers, isn't likely to disclose a single detail about the case, now, or in the future.

Any details for this case come from public record(kids name), or the kid/mother herself(age of kid). The defendant isn't obliged to keep that information secret. The plaintiff generally is, but that's usually because a defendant with an actual lawyer, with a real case that can be won, isn't likely to go public regardless. Epic didn't bring this to the press, and the courts didn't other than what is freely avaiable through filing proceedings/beuracratic stuff, so if they have a problem with it being public, then it's their own fault.

In an attempt to protect her child, she took a rather routine thing for Epic, and made it so he can be publicly scapegoated. If that hadn't happened, and if this kid wasn't 14 with the mother coming forward, chances are, there would be very few people ever hearing about this case for him to be made an example of.

In the end though, Epic isn't likely to say the outcome of this case. They'll seek their remedies, and move on....just like they've done countless times in the past....and if one were to really look, I bet some of those cases involved minors.

[iofhua]

"She says that Fortnite’s terms require parental consent for minors, and that she never gave this consent."

That's not Epic's mistake. That's the mother's mistake. She's at fault for allowing a minor access to rated M content.

The judge should throw the book at her.

[jjb1981]

The game is free, however it is paid early access. He paid with a credit card or used credit. I'm pretty sure she knew he was playing but is covering herself. She might not have known he was cheating but he did. It's pretty ridiculous. Epic should know better and should be putting the site down.

[InTheZoneAC]

Great job epic, off with cheaters' heads

[KwietStorm_BLM]

lol they sued the little bastard. Why not just ban him and be done with it.

[CrimzonRazor]

Because they want to send a clear message to other cheaters

[Revvin]

They did, over 10 times by his own admission

[BadElf]

Well that punk 14 year old should never cheat. And that's what his mom should be pissed at....thag her son is a big ol cheater. Punk

[joinsideke]

I love epic, but I hope they get in deep shit for this. Releasing this kid's information publicly is indicative of a stupid, impromptu and overall ill-advised move to dissuade their community from cheating. Gonna backfire spectacularly and this kids gonna have a nice fat banknote to get him through college.

Thanks Fortnite!

[rainslacker]

The kid put his name on the counter-claim, which then made it public record. It can be retroactively removed from court documents because of his minor status, although likely the counter-claim won't be valid because he's a minor and he can't sign a legal document. But the cat's out of the bag.

The kids age was disclosed by the mother, and the kid himself. He was almost gloating over it, and seeking attention and empathy from the community.

Epic hasn't said one word publicly about this, nor are they likely to, because plaintiffs with actual lawyers don't discuss open proceedings. It's a good way to be found in contempt, and is illegal in some cases.

[XxINFERNUSxX]

Nice one Epic hmmm. So that means now I will torrent and seed games you make as well as games from EA, man my FiOS will be working over time. Just keeping doing what your doing, I will keep taking and taking :D Don't like the video simple take it down. Out of spite I will just seed and not even play your games ...muahaha. You guys would be shocked if you saw my disc binder's and hard drive's LOL. TB's of games. Ok carry on all with your down votes \o/

[Goldby]

ummm. nearly all of Epics games are now Free to play.

and they filed for the kid to take down the video, but the kid messed up by doing a counterclaim. that is what they are suing him (and his parents as they are legal guardians to a minor) over.

[TankCrossing]

Yeah, cos EA and Epic need people like you trying to convince them to pursue micro-transactions as a revenue stream.

That's your big plan, right? Being a cheerleader for loot crates?

[KwietStorm_BLM]

I don't understand your point.

[XxINFERNUSxX]

Love the down votes LOL. Need more. You Righteous SOB's haha. Perfect people here at N4G, I'm sure you are all saint's haha. Just torrent like you don't give a shit, gaming ain't what it used to be. See, I would not mind at all paying for a game then a few months later release an exp. pack for it, for $30.00. But the way the industry is going I say Fcuk em. It's simple do not bite off the hand that feeds you. It looks like they keep on biting it off and you know what? I will not just bite back but take all your game's I see that I can torrent. Even if they ban all torrent sites, there will always be newsgroups, which been around since the 70's early 80's, you pay a little monthly but totally worth it.

[kevnb]

why dont they just ban him like anyone else would?

[Revvin]

They did over 10 times, he kept making new accounts and continued to use the hacks

[HyperMouse]

I dont agree with suing a gamer regardless of age but the kid is a git for cheating and should be removed from the game.

[Duke19]

Good - entitled little shit deserved it

[DialgaMarine]

Sueing the kid seems kindof harsh, but he basically asked for it. Just take the damn video down.

Cheaters only cheat in online video games for one of two reasons: either their real world lives are that sad and depraved that they need to do whatever they can to win in a video game to feel that their life has any value, or they like trolling and just want to piss others off. Maybe his mother should help find another hobby or stop raising him to be such a prick.

[Revvin]

That's the crux of it, if he hadn't been such an entitled little shit he would have realised he overstepped the mark, took the video down and we would never have heard about this. He even restreamed the video with an offensive hashtag aimed at EPIC so he obviously knew he'd done wrong. You'd think any self respecting parent would sit him down an explain he's made a mistake and to apologise and move on. It's clear he's a spoilt little shit in his response video below, it's everyones fault but his.
https://youtu.be/OSVeOQfujO...

[Profchaos]

Sounds like epic broke even more laws then to alleged hacker .

Counter suit case incoming

[Cy]

Don't cheat. Simple as that.

[Many-hat5]

Let's try not to confuse morality with legality,here. What the kid did or didn't do from a moral or ethical standpoint, is debatable. Whether you consider his parents 'good parents' or the kids actions dastardly, really doesn't matter when it comes to the law. The law is concerned with the law, not with what's right or wrong, moral or ethical. A big concern to me is how software companies especially, consider they have the power to include in their contracts anything and everything they choose,just because we use their software. Now that's morally and ethically 'wrong',isn't it? However, many seem to think this is okay, because it's something we are used to. I believe English law views the subject of contacts like this - in theory,anyway. If a contract is not fair and reasonable it cannot be enforceable, irrespective of it's contents. If only software companies were held to such lofty ideals.

[DrShoe]

If he had killed a man, he'd be tried as an adult. I have no sympathy for this kid. Throw the book at him!

[DarkKaine]

Anyone else think it's Epic's job to make sure these things don't happen to begin with? As far as I'm concerned, if your game is swiss cheese you deserve every bit of misfortune you can get. What happened to the simple cat and mouse game of hacks just getting patched instead of going after actual people that release hacks and point out how much of a fuckup they are? Valve has been doing it for years with CS and it works just fine. Seems like a shameless money grab to me.