Online multiplayer games on different systems are plagued by people who use cheat codes or take advantage of flaws in the game's inner workings to gain an edge on other players who play fairly. Caleb's mom was not having any of that, and in a law-savvy turn of events, she filed a counterclaim in court defending her son against the Fortnite creators.
Not only that, but the mother makes a convincing argument that it would be hard for Epic to prove in court that her underage son was bound by its end user licensing agreement (EULA) given that Fortnite is a free-to-play game and its EULA did not contain an option for underage users to obtain parental consent, which she says she never gave. Perhaps more importantly, she highlights that the EULA, which the game publisher relies heavily upon in the complaint, isn't legally binding.
The mother of the 14-year old has responded to the lawsuit filed by Epic Games and points out a few important things like how the cheating translated to financial loss for the company given Fortnite Battle Royale is a free-to-play game, and more.
The mother - who appears to be either a lawyer, a friend or family member of one, or a very dedicated researcher - lays out an impressive case for why the suit against her son should be thrown out. Cheating sucks, but Epic's heavy-handed approach could come back to haunt them.
Another valid argument is that by attacking the player rather than the websites that sell/provide the cheating software, Epic has ultimately made a scapegoat out of a 14 year old.
First of all, she points out that her son merely used the cheat code and explained how to install it on his YouTube channel, contrary to the accusations of him being directly involved in its development.
Although Epic was just pursuing what it legally thought was right to do to protect its game, the company made the mistake of publicly naming the 14-year-old cheater, which is not legal according to DE state law.
On a grander scale, the lawsuit speaks to the contentious debate around the legal enforcement of licensing agreements and terms of service contracts.
Just about every game company hates cheaters, but they are a fact of life.
She emphasises that given that the game is free-to-play, there was no question of loss of revenue for the company. We agree to these contracts without reading them or even understanding what types of behavior scale from prohibited to illegal.
Epic is claiming that they allegedly acted as support personnel for the site and using aimbot software "They also helped to stream snipe popular Twitch broadcasters". By law the company was obliged to remove, or to go to court.