Epic Games is not giving up on its copyright infringement lawsuit against “Sky Orbit,” a YouTuber who the company accuses of persistently cheating in Fortnite. The court previously denied a default judgment, as the teenager was not represented by an adult. Epic Games now requests to have his mother assigned as guardian, as she reportedly “knows it all”.
Two years ago, Epic Games decided to take several Fortnite cheaters to court, accusing them of copyright infringement.
Most of these lawsuits have now been settled, but there is one alleged cheater who is proving rather hard to catch.
The person in question, known in Fortnite and on YouTube as “Sky Orbit,” turned out to be a minor when Epic Games filed the complaint. This was made very clear by his mother, who sent a letter to the Court defending her son.
“This company is in the process of attempting to sue a 14-year-old child,” the mother informed the Court back in 2017.
The letter was widely publicized in the press but Epic Games didn’t back off. Due to his young age, the Carolina District Court ordered that the kid should only be referred to by his initials C.R. The case itself continued, however, albeit slowly.
Without any follow-up responses from either the defendant or his mother, Epic Games requested a default judgment. However, the Court denied this a few weeks ago, arguing that the underage defendant was never properly represented by a guardian. The mother’s letter was not sufficient to establish this.
This was a major setback to Epic Games but the company had no plans to drop the case. Especially not when it heard “Sky Orbit” had teamed up with another alleged cheater, CBV, and found other evidence that he wasn’t done cheating yet.
This week Epic asked the Court to officially appoint C.R.’s mother, Lauren Rogers, as a legal guardian, so she can officially represent her son. If that’s not possible, another adult should take this role, the game company argues.
“Defendant has ignored the appropriate orders of this Court. 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 writes.
In an associated memorandum and declaration, the company explains that C.R. allegedly continued cheating over the past several months. Part of the evidence comes from a video titled “Fortnite Streamer Caught Aimbotting LIVE!” uploaded to YouTube by ShelbyRenae.
This video includes a captured video by another player, who’s allegedly cheating. Based on the voice of this person and several comments from people who watched the stream, this is C.R., aka “Sky Orbit.”
“The audio, including cheating player’s voice is available. On information and belief, the voice of the cheating player is Defendant’s,” Epic’s attorney Christopher Thomas writes.
“Although ShelbyRenae does not identify Defendant as the cheating player, at least 15 of the commenters separately identify ‘Sky Orbit’ – the name used by Defendant on his YouTube channel – as the player cheating in the Captured Video.”
The same voice also appears in another high profile video on YouTube. Epic argues that C.R. also appeared in the video where another teenager, CBV, responded to a separate lawsuit that Epic Games filed against him.
“You guys can eat my ass once again!” C.R. allegedly says in the video.
Based on this and other evidence, Epic believes that it’s important for the case to move forward so it can properly protect its rights. As such, the defendant should be represented by a guardian, which can be his mother.
In another video discussing the legal trouble, C.R. said that his mother “knew it all” and didn’t have to pay any lawyer fees, so appointing her as guardian would be appropriate, Epic states.
“Defendant’s statement that he and his mother got a lawyer but didn’t have to spend even ‘a little bit of money’ because his ‘mom knew it all,’ shows Defendant’s faith in Ms. Rogers. His comments also suggest that their decision not to answer in spite of the Court’s order was deliberate.
“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. This should not be permitted to continue.”
It’s clear that Epic Games is not letting this one go easily. The Court now has to decide whether it will appoint Sky Orbit’s mother or another adult as the guardian in this case.
A copy of Epic Games’ Memorandum to appoint Lauren Rogers as general guardian is available here (pdf).
In yet another video
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