IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF NORTH CAROLINA
`WESTERN DIVISION
`Civil Action No.: 5:19-cv-250
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`
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`EPIC GAMES, INC.,
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`
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`v.
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`C.B.,
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`
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`Plaintiff,
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`Defendant.
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`COMPLAINT
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`
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`Plaintiff Epic Games, Inc. (“Epic” or “Plaintiff”) complains of Defendant C.B.1
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`(“Defendant”) as follows:
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`NATURE OF THE ACTION
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`1.
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`This is a civil action seeking injunctive relief and damages for (i) copyright
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`infringement in violation of the Copyright Act, 17 U.S.C. §§ 106 and 501, et seq.; (ii)
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`contributory copyright infringement in violation of the Copyright Act, §§ 106 and 501, et seq.;
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`(iii) circumvention of technological measures in violation of the Digital Millennium Copyright
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`Act (“DMCA”), 17 U.S.C. §§ 1201(a)-(b), 1203; and (iv) trafficking in technology that is
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`primarily designed, produced, and marketed for the purpose of circumventing a technological
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`measure that effectively controls access to a copyright protected work in violation of the DMCA.
`
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`1 On information and belief, Defendant is a minor. Pursuant to F. R. Civ. P. 17(c) and Local
`Civil Rule 17.1(a), the summons for this Complaint will be filed under seal and the minor’s
`address redacted from the certificate of service, and service of process will be made on the
`minor’s mother and general guardian.
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`2.
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`The Copyright Act protects the owners of creative works from the unauthorized
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`use of those works by others. The right to prepare derivative works based upon a copyrighted
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`work and to publicly perform and display a copyrighted work (or derivatives thereof) are some
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`of the exclusive rights granted to copyright holders under the Act. The definition of derivative
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`work encompasses any form in which the original work may be recast, transformed, or adapted.
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`The exclusive right of public performance includes the public broadcast of audiovisual works,
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`and the exclusive right of public display includes the right to show a copyrighted work, or a
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`portion or an image of it, to the public. With a few exceptions that do not apply here, it is
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`unlawful to make unauthorized derivative works, and to publicly perform and/or publicly display
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`such works without the permission of the copyright owner. It is likewise unlawful to induce,
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`cause, or materially contribute to the creation of unauthorized derivative works by others.
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`3.
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`The DMCA was enacted in 1998 to bring the Copyright Act into the digital age.
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`Among other things, the DMCA provides that a copyright holder may send an Online Service
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`Provider (an “OSP”) a written notification of claimed infringement (a “notice”) which provides
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`the OSP with certain statutorily-mandated information and serves as notice to the OSP that it is
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`hosting content that infringes the copyright holder’s rights. In order to avoid potential secondary
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`liability for hosting the infringing material, the OSP must remove or disable it after receiving the
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`notice and notify the user who posted it. In response, the user who posted it may submit a
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`counter notification stating that the material was removed due to mistake or misidentification.
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`Once submitted, the counter notification commences a 14-day period during which the copyright
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`holder who submitted the notice must file an action which seeks to restrain the user from
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`engaging in infringing activity. If the copyright holder does not file the action, the OSP is to
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`restore the material at issue.
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`4.
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`The DMCA prohibits the circumvention of any technological measure that
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`effectively controls access to a copyright protected work and trafficking in circumvention
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`technology. It grants copyright owners the right to enforce these prohibitions.
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`5.
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`This is a copyright infringement case in which the Defendant is infringing Epic’s
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`copyrights by using, marketing, selling, and trafficking in cheat software, part of which is
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`primarily designed to circumvent technological measures that effectively control access to the
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`code of Epic’s popular game, Fortnite®.2 Defendant’s cheat software injects unauthorized
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`computer code into Epic’s copyright protected Fortnite code to allow its users to cheat at
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`Fortnite. In so doing, Defendant creates unauthorized derivative works of Fortnite by modifying
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`the game’s code and, thus, materially alters the game that the code creates and, with it, the
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`experiences of those who play it and those who watch it being played.
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`6.
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`Defendant posts on his YouTube channel videos of himself playing and cheating
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`at Fortnite by using cheat software (“cheats” or “hacks”) to unlawfully modify Fortnite’s
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`software code.
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`7.
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`Although he claims to “cheat for fun and entertainment, not to essentially steal
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`from those that work hard at what they do,” Defendant uses the videos he creates to induce and
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`enable others to cheat at Fortnite by demonstrating and promoting the hacks he sells, and
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`directing would-be cheaters to websites where the hacks may be purchased. (True and accurate
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`screenshots of Defendant under the name “CBV” discussing his cheating ethos and promoting
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`the sale of hacks are attached hereto as Exhibits A and B with Defendant’s name redacted from
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`Exhibit A.)
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`8.
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`On information and belief, Defendant financially benefits from these sales.
`
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`2 Game names that are registered trademarks of Epic are shown with the federal registration
`symbol the first time each game name appears and without it thereafter.
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`3
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`9.
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`These ill-gotten gains come at the expense of Epic and members of the Fortnite
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`community. Defendant’s cheating and inducing and enabling of others to cheat ruin the game
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`playing experience of players who do not cheat because they create an uneven playing field,
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`violate universally understood notions of fair play, and diminish the integrity of the game.
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`10.
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`Defendant’s conduct is profoundly damaging to Epic because cheating by a
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`relatively small number of players can ruin the experiences of many others.
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`11.
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`The most visible harm from Defendant’s acts may occur in a virtual world but it is
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`felt in the real one. Defendant’s cheating and enabling others to cheat detract from the pleasure
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`Fortnite’s players and audience take from the game.
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`12.
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`Defendant’s conduct is offensive to many members of the Fortnite community,
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`whose enthusiasm about the game is a significant part of what has made the game so successful.
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`13.
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`Defendant is ruining not only the games in which he plays and cheats, but also
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`those in which people play and cheat using the hacks he advertises and sells. Each one of these
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`games is important to the 99 other people playing it. None of those other players enjoy being
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`cheated.
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`14.
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`The use of the cheat software Defendant promotes and sells, both by Defendant
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`and by those he has enabled to cheat, infringes Epic’s copyrights in Fortnite and, on information
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`and belief, violates the DMCA’s anti-circumvention and anti-trafficking prohibitions.
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`15.
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`Neither Defendant’s use of these cheats nor the YouTube videos in which
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`Defendant markets the cheats are fair or fair use. They are unfair and unlawful.
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`16.
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`Accordingly, Defendant should be permanently enjoined from continuing to
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`engage in the conduct complained of herein, his profits should be disgorged, and he should be
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`made to pay Epic damages and its attorney’s fees.
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`JURISDICTION AND VENUE
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`17.
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`This Court has jurisdiction over the subject matter of Plaintiff’s federal claims
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`under 28 U.S.C. §§ 1331 and 1338(a) because this action arises under the Copyright Act, 17
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`U.S.C. §§ 106 and 501, et. seq.
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`18.
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`This Court has personal jurisdiction over Defendant because, as described below,
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`he agreed to be subject to the exercise of jurisdiction over him by the courts in this District. This
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`Court also has personal jurisdiction over the Defendant because he has purposefully availed
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`himself of the privileges of conducting activities and doing business in North Carolina and in this
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`District, thus invoking the benefits and protections of North Carolina’s laws, by entering into
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`contractual agreements with Epic in North Carolina, and repeatedly accessing Epic’s servers,
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`which are located in this District.
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`19.
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`Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b) and 1400(a)
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`because this is a district in which a substantial part of the events giving rise to Plaintiff’s claims
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`occurred, in which Defendant committed acts of copyright infringement, and/or where Plaintiff’s
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`injuries were suffered. Venue is also proper in this District because, as described below,
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`Defendant consented to venue in this District.
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`THE PARTIES
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`20.
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`Epic is a corporation duly organized and existing under the laws of the State of
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`Maryland. Epic is registered to do business in North Carolina and has its principal place of
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`business in Wake County, North Carolina.
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`21.
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`On information and belief, Defendant C.B., a.k.a. “CBV,” is a minor citizen and
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`resident of Illinois.
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`FACTS APPLICABLE TO ALL CLAIMS
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`Epic and Fortnite
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`22.
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`Founded in 1991, Epic is a Cary, North Carolina-based developer and publisher of
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`computer games and content creation software. Epic is recognized worldwide as the creator of
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`the Unreal®, Gears of War®, and Infinity Blade® series of games. Epic is also globally known
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`as the creator of the Unreal Engine® game engine and suite of content creation tools. More
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`recently, Epic released the virtual reality game Robo Recall®, and Fortnite.
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`23.
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`First released in a limited manner in October 2013, Fortnite’s first game mode,
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`now known as “Fortnite: Save the World,” is a co-op survival and building action player vs.
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`environment (“PvE”) game in which players may join together online to build forts, weapons,
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`and traps in an effort to rebuild and defend towns left vacant in the wake of “the Storm” from the
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`monsters that populate this Fortnite world.
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`24.
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`Fortnite was released broadly on July 25, 2017.
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`25.
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`Fortnite’s free-to-play “Battle Royale” game mode was released to the public on
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`September 26, 2017. (A true and correct screen print from the Fortnite page on Epic’s website
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`[available at: https://www.epicgames.com/fortnite/en-US/play-now/battle-royale] that provides a
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`glimpse of the characters that populate Fortnite’s fanciful and cartoonish world is pictured below
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`at Figure 1.)
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`Figure 1
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`
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`26.
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`Like other games in the “battle royale” genre, Fortnite Battle Royale involves
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`dropping (in Fortnite, by glider from a flying “battle bus”) a limited number of players into a
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`large map. Fortnite Battle Royale combines Fortnite’s building skills and destructible
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`environments with intense player vs. player (“PvP”) combat.
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`27.
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`As the game goes on, the encroaching storm shrinks the habitable part of the map,
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`forcing surviving players closer and closer together. The players battle each other until the last
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`player or team remains standing. That player or team wins the game.
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`28.
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`In designing Fortnite Battle Royale, Epic made a conscious choice not to sell
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`items to players that would give any player a competitive advantage. This decision was made to
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`ensure a fair playing field for all.
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`29.
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`Since its broad release on July 25, 2017, the Fortnite community has grown to
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`almost 250 million accounts, and sometimes has more than 8 million concurrent players.
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`30.
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`In addition to the tens of millions of people who actively play Fortnite, tens of
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`millions of others watch “streamers” broadcast (or “stream”) Fortnite game play on various
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`platforms, including YouTube and Twitch, Amazon’s popular online service for watching and
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`streaming digital video, where Fortnite is reportedly one of the most-viewed games.
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`31.
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`The Fortnite channel on Twitch has 30,594,594 followers. In the second week of
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`May 2019, Fortnite ranked number one on Twitch with 29.5 million hours total number of hours
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`watched.
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`32.
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`To encourage and support Fortnite’s players and its audience, in May 2018 Epic
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`announced that it would provide $100 million dollars to fund prize pools for Fortnite e-sports
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`competitions.
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`Epic’s Copyrights in Fortnite
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`33.
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`Epic is the author and owner of all the rights, title, and interest in the copyrights in
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`Fortnite, including without limitation, in its computer software and the audio-visual works that
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`software creates.
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`34.
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`Epic’s copyrights in various versions of Fortnite’s computer code are the subjects
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`of U.S. Copyright Registration Nos. TXu01-895-864 (dated December 18, 2013), TX008-186-
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`254 (dated July 14, 2015), TX008-254-659 (dated March 3, 2016), TX008-352-178 (dated
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`December 23, 2016), and U.S. Copyright Reg. No. TX0008-507-210 (dated March 21, 2018)
`
`(True and correct copies of these certificates of registration are attached hereto collectively as
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`Exhibit C.)
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`Epic’s Terms of Service
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`35.
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`In order to play Fortnite on PC—which is the platform on which Defendant is
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`accessing and cheating at Fortnite—a user must first create an account with Epic. In order to
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`create an account, a would-be user must affirmatively acknowledge that he or she has “read and
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`agree[d] to the Terms of Service” (the “Terms” at pg.1.) (A true and correct copy of the Terms
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`of Service is attached hereto as Exhibit D.)
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`36.
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`The Terms apply to any use of, or access to, Fortnite using one’s PC, as
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`Defendant did in this case.
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`37.
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`The Terms also apply to any use of Epic’s websites by any “guest or [] registered
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`user” of “any content, functionality, products, and services offered on or through” Epic’s
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`websites. (See id. at 1.) This encompasses Epic’s Fortnite website and its guests and registered
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`users.
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`38.
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`The Terms further apply to a user’s “use of other Epic services that display or
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`include [the] Terms.” (Id.) This, too, covers Fortnite and those who use it.
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`39.
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`The Terms request that users read the Terms “carefully” before beginning to
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`access or use Epic’s services. (Id.)
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`40.
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`The Terms provide that “[b]y using [Epic’s s]ervices, [the user] accept[s] and
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`agree[s] to be bound and abide by these Terms . . .” (Id.) The Terms further provide that a user
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`who does not want to agree to the Terms “must not use [Epic’s] services.” (Id.)
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`41.
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`The Terms include a section on “Governing Law and Jurisdiction,” which
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`provides that “[a]ny dispute . . . arising out of or related to these Terms (“Claim”) shall be
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`governed by North Carolina law . . . . For any disputes deemed not subject to binding individual
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`arbitration . . . you and Epic agree to submit to the exclusive jurisdiction of the Superior Court of
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`Wake County, North Carolina, or, if federal court jurisdiction exists, the United States District
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`Court for the Eastern District of North Carolina.” (Id. at 3.)
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`42.
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`The Terms specifically exempt “claims of piracy, creation, distribution, or
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`promotion of Cheats (i.e., means programs, methods, or other processes which may give players
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`an unfair competitive advantage in Fortnite), and intellectual property infringement” from
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`arbitration. (Id. at 3.)
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`43.
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`The Terms further provide that, by agreeing to the Terms, the user “agree[s] to
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`waive any jurisdictional, venue, or inconvenient forum objections to such courts ….” (Id.)
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`44.
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`The Terms explain that the services “including all content, features, and
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`functionality thereof, are owned by Epic, its licensors, or other providers of such material and
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`are protected by United States and international copyright . . . laws.” (Id. at 1.)
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`45.
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`The Terms also inform the user that use and access of certain “software or
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`services . . . may be subject to separate agreement . . . such as end user license agreements.”
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`(Id.)
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`46.
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`The Terms also include an “Intellectual Property Rights” section which sets forth
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`the permissions users have with respect to Epic’s intellectual property and things that users are
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`prohibited from doing. Specifically, the Terms provide that users:
`
`a.
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`are “permitted to use [Epic’s s]ervices for [their] personal, non-
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`commercial use only or legitimate business purposes related to [their] role as a current or
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`prospective customer of Epic”; but
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`b.
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`“must not copy, modify, create derivative works of, publicly display,
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`publicly perform, republish, or transmit any of the material obtained through
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`[Epic’s s]ervices, or delete, or alter any copyright, trademark, or other proprietary rights
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`notices from copies of materials from [Epic’s s]ervices”; and
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`c.
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`“must not reproduce, sell, or exploit for any commercial purposes any
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`part of [Epic’s s]ervices, access to [Epic’s s]ervices or use of [Epic’s s]ervices or any
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`services or materials available through [Epic’s s]ervices.”
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`(Id. at 1-2.) (emphasis added).
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`Fortnite End User License Agreement
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`47.
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`In order to play Fortnite on PC, as Defendant did here, a user must first
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`acknowledge that he or she has read and agreed to abide by the terms in the Fortnite End User
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`License Agreement for PC (“EULA”). (A true and correct copy of the EULA is attached hereto
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`as Exhibit E.)
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`48.
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`The EULA applies to any user who downloads, uses, or “otherwise indicat[es]
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`acceptance” of the EULA. (Id. at 1.)
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`49.
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`Like the Terms, the EULA explicitly requests that individuals read the EULA
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`“carefully.” (Id.) The EULA further makes clear that the EULA “is a legal document that
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`explains [the user’s] rights and obligations” in connection with the access and use of Fortnite.
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`(Id.)
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`50.
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`The EULA includes a section titled “Governing Law and Jurisdiction” under
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`which the user agrees that the EULA will be deemed to have been made and executed in the
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`State of North Carolina. (Id. at 5.)
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`51.
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`This section of the EULA further provides that “[users] and Epic agree to submit
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`to the exclusive jurisdiction of the Superior Court of Wake County, North Carolina, or, if federal
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`court jurisdiction exists, the United States District Court for the Eastern District of North
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`Carolina.” (Id.)
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`52.
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`Under this section of the EULA, the user agrees to “waive any jurisdictional,
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`venue, or inconvenient forum objections to such courts.” (Id.)
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`53.
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`The EULA specifically exempts “claims of piracy, creation, distribution, or
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`promotion of Cheats (i.e., means programs, methods, or other processes which may give players
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`an unfair competitive advantage in Fortnite), and intellectual property infringement” from
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`arbitration. (Id. at 3.)
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`54.
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`The EULA grants an individual user “a personal, non-exclusive, non-transferable,
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`non-sublicensable limited right and license to install and use the Software on compatible devices
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`[the user] own[s] or control[s] for [the user’s] personal entertainment use.” (Id. at 1.)
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`55.
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`Epic also includes a “License Conditions” section in its EULA. (Id.) In that
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`section, the EULA specifically defines certain prohibited activities and states that a player may
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`not:
`
`a.
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` “copy, reproduce, distribute … , display, or use [Fornite] in a way
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`that is not expressly authorized in this Agreement;”
`
`b.
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`“reverse engineer, derive source code from, modify, adapt, translate,
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`decompile, or disassemble it or make derivative works based on it;” and
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`c.
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`“create, develop, distribute, or use any unauthorized software
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`programs to gain advantage in any online or other game modes;” and
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`d.
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`“behave in a manner which is detrimental to the enjoyment of the
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`Software by other users as intended by Epic.”
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`(Id. at 1-2.) (emphasis added.)
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`Defendant and His Unlawful Acts
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`56.
`
`Defendant is a cheater.
`
`57.
`
`58.
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`Nobody likes a cheater. And nobody likes playing with cheaters.
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`Defendant not only cheats, he advertises and sells cheat software that enables
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`others to cheat.
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`59.
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`Defendant uses, markets, and sells what he calls “hacks” to unlawfully modify
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`Fortnite’s software so that he and his customers have an unfair competitive advantage over other
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`players when playing Fortnite.
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`60.
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`These hacks give the cheater using them power to do or see things that others
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`players cannot.
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`61.
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`For instance, “aimbots” enable those who use them to automatically target and
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`kill other players without having to carefully aim their weapons. Hacks that include “ESP”
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`enable those who use them to see what they are not intended to see, including other players who
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`would otherwise be out of sight and valuable hidden “loot.” Likewise, “wallhacks” enable those
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`who use them to see other players hiding behind walls and other obstructions. “Spoofers” allow
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`their users to circumvent cheating bans by disguising the Hardware ID (“HWID”) associated
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`with the computer that they used to cheat.
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`62.
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`Defendant’s hacks give those who use them a decided and unfair competitive
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`advantage over other players.
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`63.
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`Epic does not allow or support cheats in Fortnite, including in Fortnite Battle
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`Royale.
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`64.
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`Defendant downloaded and accessed Fortnite.
`
`65.
`
`66.
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`Defendant has used cheat software while playing Fortnite.
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`Defendant promotes and sells cheat software to third parties for his own personal
`
`financial gain.
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`67.
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`In selling the cheat software he promotes, Defendant has trafficked in technology
`
`part of which was primarily designed, produced, and marketed for the purpose of circumventing
`
`a technological measure that effectively controls access to Fortnite.
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`68.
`
`Both Defendant and third parties who have purchased Defendant’s cheats have
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`used the cheats to (a) unlawfully circumvent technological measures that effectively control
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`access to the Fortnite software and (b) modify Fortnite’s code so that they have an unfair
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`competitive advantage over other Fortnite players.
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`Defendant’s Unlawful Cheat Software
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`69.
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`The cheat software used by Defendant (and by those to whom Defendant sells
`
`such software) improperly injects unauthorized code into the active memory of the game as it
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`runs. The cheats manipulate the functionality of the game and give the cheater an unfair
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`advantage over other players, changing and disrupting the game.
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`70.
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`This unauthorized modification of the game’s code as it runs on the cheater’s
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`computer and of the code that is sent back to Epic’s servers materially changes both the game’s
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`code and the audio visual aspects of the game generated by the code. These changes create a
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`different, but substantially similar, version of the Fortnite game than the Fortnite game generated
`
`by Epic’s copyright protected software.
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`71.
`
`In using cheat software to modify the game’s code in this way, Defendant and
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`other cheaters who use the cheats create unauthorized derivative works based on Fortnite in
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`violation of the Copyright Act.
`
`72.
`
`In an effort to protect Fortnite’s code from cheaters like Defendant and his
`
`customers, Epic put in place certain technological measures to effectively control access to
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`Fortnite’s copyrighted code.
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`73.
`
`The cheats Defendant uses, distributes, and sells are specifically designed to
`
`circumvent these technological measures.
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`Defendant’s Advertising of Cheat Software Using Fortnite Videos
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`74.
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`Defendant operates a YouTube channel under the screen name “CBV,” which is
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`available at <https://www.youtube.com/channel/UCYhPTtfyt2VQOCsvqe5y2MA/featured> (the
`
`“CBV Channel”).
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`14
`PPAB 4971006v2
`Case 5:19-cv-00250-FL Document 1 Filed 06/18/19 Page 14 of 28
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`

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`75.
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`Defendant created and posted on his CBV YouTube channel several videos in
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`which he uses the hacks to cheat while playing Fortnite. He posted these videos to demonstrate,
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`advertise, and market the hacks he sells.
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`76.
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`Defendant’s posting of Defendant’s infringing videos infringes Epic’s exclusive
`
`rights to publicly display and/or publicly perform its copyrighted works in violation of the
`
`Copyright Act.
`
`77.
`
`Between February 3, 2015 and the present, Defendant used the CBV Channel to
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`post videos of himself cheating while playing various videogames, including Fortnite. These
`
`videos
`
`were
`
`available
`
`at
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`<www.youtube.com/watch?v=pONPQ8LTzlg>,
`
`<www.youtube.com/watch?v=IDvPS9kISnA>, <www.youtube.com/watch?v=FKJXYWi20f0>,
`
`<www.youtube.com/watch?v=83Cd6-HHSEc>,
`
`<www.youtube.com/watch?v=dDW-
`
`SAsFw31>, and <www.youtube.com/watch?v=6cwXd1kGyuE>,
`
`(“Defendant’s
`
`infringing
`
`videos”). (True and correct copies of screen prints from the CBV Channel, including those
`
`showing Defendant’s infringing videos, are attached collectively hereto as Exhibit B.)
`
`78.
`
`In each of these videos, Defendant demonstrated his use of the cheats to
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`unlawfully modify the Fortnite game.
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`79.
`
`In one video titled “AIMBOT HACKING GAMEPLAY [Fortnite AIMBOT +
`
`ESP]”, Defendant demonstrated how the cheat software he was advertising allowed him to
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`eliminate 20 out of the 99 other players. (A true and correct copy of a screen print from this
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`video is attached hereto as Exhibit B, pg. 3.)
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`80.
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`Defendant prominently advertised that this hack was for sale, directing viewers
`
`through text instructions and graphic representations, (e.g., “Purchase Down Below” and
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`“DOWNLOAD LINK IN DESCRIPTION”), to purchase the hack. (True and correct copies of
`
`15
`PPAB 4971006v2
`Case 5:19-cv-00250-FL Document 1 Filed 06/18/19 Page 15 of 28
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`

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`screen prints showing Defendant’s advertisements for cheat software are attached hereto as
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`Exhibit B pg. 1; Exhibit B, pg. 2.)
`
`81.
`
`One of Defendant’s customers reached out to Defendant for help, writing on
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`Defendant’s YouTube Community page “I bought aimbot and the video got deleted for
`
`instructions. please help.” (A true and correct copy of a screen print from Defendant’s
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`Community page is attached hereto as Exhibit F.)
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`82.
`
`Defendant openly admits to cheating, recently updating his followers that he
`
`would be “streaming soon <3 and im cheating in fort again,” with a picture of Fortnite showing
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`the game was about to begin. (A true and correct copy of a screen print from Defendant’s
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`YouTube Community page is attached hereto as Exhibit G) (emphasis added.)
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`83.
`
`Defendant’s CBV Channel has over 141,729 views and more than 12,000
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`subscribers, each of whom receive notifications every time a video, like one of Defendant’s
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`infringing videos, is posted.
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`84.
`
`On or around June 5, 2019, Epic submitted to YouTube DMCA notices that
`
`included all the required elements asking YouTube to remove Defendant’s infringing videos.
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`YouTube took down Defendant’s infringing videos soon thereafter.
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`85.
`
`On or around June 6, 2019, Defendant posted on his YouTube Community page
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`“epic just striked all my videos. nice.” (A true and correct copy of a screen print from
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`Defendant’s YouTube Community page is attached hereto as Exhibit F.)
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`86.
`
`On June 6, 2019, Defendant submitted a counter notification responding to Epic’s
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`DMCA takedown notices for the infringing videos in which he stated:
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`this video can NOT be taken down, this 100000% falls under the
`fair use act “Copyright Disclaimer Under Section 107 of the
`Copyright Act 1976, allowance is made for “fair use” for purposes
`such as criticism, comment, news reporting, teaching, scholarship,
`and research. Fair use is a use permitted.” i will NOT be bullied by
`this corporation into not posting content. There are many many
`
`16
`PPAB 4971006v2
`Case 5:19-cv-00250-FL Document 1 Filed 06/18/19 Page 16 of 28
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`youtubers that make videos on YouTube and they decide to strike
`me ? i give very blatant credibility to them.
`
`(A true and correct copy of a screen print of Defendant’s counter notification with the contact
`
`information for Epic’s personnel and Defendant redacted is attached hereto as Exhibit H.)
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`87.
`
`Defendant posted his counter notification on his YouTube Community page on
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`YouTube, bragging that “basically epic has 10-14 days to sue me, if they don’t sue me then i
`
`get my strikes and channel back. sick about to get sued by epic.” (A true and correct copy of
`
`a screen print from Defendant’s YouTube Community page is attached hereto as Exhibit I)
`
`(emphasis added.)
`
`Defendant’s Sale of Hacks/Cheats
`
`88.
`
`On information and belief, Defendant sells his cheats and hacks on Shoppy and
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`other platforms under the user name “ShopCamDad.” Links to ShopCamDad’s hacks and cheats
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`are posted under Defendant’s infringing videos and on the CBV Community page.
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`89.
`
`On or around June 11, 2019—five days after he bragged about how “sick” it was
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`that he was “about to get sued by [E]pic”—Defendant posted a link on his YouTube Community
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`page saying “day keys restocked.” (A true and correct copy of a screen print from Defendant’s
`
`YouTube Community page is attached hereto as Exhibit J.) That link resolves to a Shoppy
`
`purchase page for a “Nexus FN hack/cheat 24 hours” described as “Nexus Fortnite Cheat
`
`Features: - Aimbot - Customizable Player ESP - Customizable FOV - Visibility Check - Player
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`Head Dot - Bounding box - Skeleton ESP - HWID spoofer included! !” (A true and correct copy
`
`of a screen print from the Shoppy purchase page is attached hereto as Exhibit K.)
`
`90.
`
`Along with the Fortnite hacks and cheats posted on the ShopCamDad’s Shoppy
`
`page is an option to “donate to CBV.” (A true and correct copy of a screen print of
`
`ShopCamDad’s Shoppy product page is attached hereto as Exhibit L.)
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`17
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`91.
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`As Exhibit L shows, Defendant is selling at least two types of hacks/cheats: the
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`“Fortnite Aimbot=ESP Hack [LIFETIME] Spoofer INCLUDED!,” which can be purchased for
`
`$250.00, and the “Nexus FN hack/cheat,” which can be purchased for one month ($130.00), one
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`week ($40.00), or 24 hours ($10.00). (True and correct copies of screen prints of ShopCamDad’s
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`Shoppy product pages are attached hereto as Exhibits K through O.)
`
`
`
`
`
`CLAIMS FOR RELIEF
`
`FIRST CLAIM FOR RELIEF
`(Copyright Infringement in violation of
`the Copyright Act, 17 U.S.C. §§ 106 and 501, et seq.)
`
`Epic re-alleges and incorporates fully by reference the allegations in paragraphs 1
`
`92.
`
`through 91 of this complaint, as if set forth fully herein.
`
`93.
`
`Epic is the author, creator and owner of all rights, title and interest in a number of
`
`valid, registered, and enforceable copyrights in Fortnite.
`
`94.
`
`These copyrights are the subjects of the copyright registration certificates
`
`referenced above and attached hereto as Exhibit C, and are incorporated by reference as if fully
`
`set forth herein.
`
`95.
`
`96.
`
`Defendant has had and continues to have access to Fortnite.
`
`Defendant has infringed and continues to infringe Epic’s copyrights in Fortnite by
`
`improperly using computer software that injects code into Fortnite’s code which then materially
`
`modifies and changes Fortnite’s code, thereby creating a substantially similar, unauthorized
`
`derivative work of Epic’s copyrighted Fortnite code.
`
`97.
`
`Epic never authorized Defendant to create derivative works based on Fortnite.
`
`18
`PPAB 4971006v2
`Case 5:19-cv-00250-FL Document 1 Filed 06/18/19 Page 18 of 28
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`98.
`
`Defendant has also infringed Epic’s copyrights in Fortnite by publicly displaying
`
`and/or publicly performing these unauthorized derivative works in Defendant’s in