In late September, Fortnite developer Epic Games settled a lawsuit against a minor accused of cheating (and teaching people to cheat) in Fortnite. But another case against another teenager, Caleb “Sky Orbit” Rogers, remains in North Carolina courts with a similar charge — breach of contract and copyright infringement.
Last week, Epic filed court documents urging the judge to appoint the boy’s mother as a legal guardian for the case, a step necessary in moving the process along. “Defendant has ignored the appropriate orders of this Court,” Epic alleged in the documents, as spotted by Torrent Freak. “It is now appropriate for his mother or another adult to be appointed to officially represent him so that his interests can be protected and this matter can move forward.”
Epic also said that Rogers “mocked the power of this Court” by continuing to cheat on Fortnite — and post videos of himself cheating. (Cheating isn’t necessarily the problem in this case, though Epic surely doesn’t like it. It’s that Rogers posted videos of himself cheating and showing others how to do it, too. Epic is arguing copyright infringement.) The developer referenced a video from Dec. 13 titled “You guys can eat my ass once again,” in which he “taunted Epic.”
In November 2017, Rogers’ mother sent a letter to the court to ask the judge to dismiss the case against her son, citing that Epic did not “legally bind underage users” to its EULA, since Fortnite is a free game.
Epic said in its new court documents that Rogers reportedly discussed his mother’s letter in a different video — now unavailable — saying that she “knew it all” regarding the case, so the family didn’t have to spend money on a lawyer. Epic said these comments are proof that they are deliberately ignoring the courts’ requests.
“His continued cheating, the foregoing and other public statements, and his open taunting of Epic all demonstrate that he thinks he is beyond the reach of this Court and is free to continue his unlawful conduct without consequence,” Epic wrote.
Polygon has reached out to Epic Games for more information.
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