my favorite pullquote i've ever selected https://www.theverge.com/2018/5/9/17333292/fortnite-cheater-lawsuit …pic.twitter.com/YKJvsANrdy
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I never managed to wedge in a comment about the tortious interference claim in the lawsuit, which I would have very much liked to mention, but unfortunately the CMS does not support law review-style footnotes
basically i'd like some sympathy for all the terrible obstacles in my life
1. Great article 2. My son will be pissed, no wonder he keeps getting killed 3. On linking out, if you haven't seen it you might be interested in Universal City Studios v. Remerdes, which addresses different types of linking in a DMCA trafficking case https://scholar.google.com/scholar_case?q=111+F.+Supp.2d+294&hl=en&as_sdt=2,5&case=4887310188384829978&scilh=0 …
Since there wasn't a 1201 claim in the lawsuit I didn't delve into 1201 law! And aside from that, no detail from lawsuit or details I could independently recover regarding what kind of hyperlink it actually was
The associated cases do have 1201 claims, suggesting the lawyers themselves believed the 1201 claim in this particular case was too weak to add
Interesting. I was speaking only as an analogy about when a link might be wrongdoing (there are some other interesting linking cases for contributory infringement but I like how Remerdes categorized the type of link) - I didn't realize that the other cases had 1201 in them!
And for complete overkill, here's the case I used to teach in Internet Law that allowed for inducement liability for posting a link with a download suggestion in the pre-512 takedown world. I can see Epic claiming that the link in YouTube induced others... http://www.law.uh.edu/faculty/cjoyce/copyright/release10/IntRes.html …
Related: there's a tortious interference claim that would survive the part where he's a minor. I think it has legs.
Youch. Don't mess with Big Content
I've wondered at the common allegations in these lawsuits that running a cheat program injects code into the game and modifies it. Does anyone know if that accurately describes what happens?
While I haven't run a laboratory analysis I find it difficult to imagine that it happens any other way (I believe it injects code into local files which communicate with the servers, rather than injecting anything remotely)
The example that one person on Twitter brought up today was aimbots, which modify local code, and when it communicates with the server, conveys only information such that you can't tell whether the player is using an aimbot or is just very, very good
Thanks! I think my ignorance of what "injects code" means here makes it hard to evaluate the argument "injects code" --> "creates a derivative work."
wanna play fortnite
not really my speed
Oh, wow: the court asked Epic to respond to the mother's letter as if it were a motion to dismiss, and their response argues that C.R. is bound to the EULA even though he's a minor. (at pp. 13-14): https://hollandlawllp.com/wp-content/uploads/2018/05/20-response-to-MTD-letter.pdf …
When the judge asks you to treat the letter from an unrepresented minor defendant's mother as a motion to dismiss, it's time to tread carefully.
This article is so good.
Sarah, I read your article on Fortnite and it is a nice piece of journalism - great job!
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