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<blockquote data-quote="Trischa S." data-source="post: 7730175" data-attributes="member: 6922866"><p><span style="color: #3E3E3E"></span></p><p><span style="color: #3E3E3E"></span></p><p><span style="color: #3E3E3E"><strong>Go and consult an attorney.</strong> </span></p><p><span style="color: #3E3E3E"></span></p><p><span style="color: #3E3E3E">Creating a dirivate work only grants you copyrights if you create a substantial transformation. Software is not even copyrightable, the look and feel of a game is though. Cheat software is <strong>not</strong> a substantial transformation, thus it is infringing copyright. The 3rd Party software to cheat infringes on Epics Copyright on the fortnight look and feel. Epic has a lawsuit against the creators of that software too.</span></p><p><span style="color: #3E3E3E"></span></p><p><span style="color: #3E3E3E">Now, the child case:</span></p><p><span style="color: #3E3E3E"></span></p><p><span style="color: #3E3E3E">Cheating is not illegal, <strong>but breech of contract is illegal</strong>, and the ToS are a binding contract that explicitly forbids cheating, manipulating the software, producing or <em>using derivates</em>. By using and promoting such, he broke the ToS he was bound to </span><span style="color: #3E3E3E">and</span><span style="color: #3E3E3E"> (because he is minor) his parents were bound to enforce it due to <em>letting</em> him play it.</span></p><p><span style="color: #3E3E3E"></span></p><p><span style="color: #3E3E3E"></span></p><p><span style="color: #3E3E3E">Of course you are allowed to use the original software to show the look and feel of the original game, provided you use fair use and provide transformation or commentary to add to it. Using an alternate software to show the not-fair-use-altered game (aka cheating) is however displaying not the original but the plagiate, and this can be copyright infringing, as you show a non-substantial transformation of the game, EVEN if you do gain fair use cover if you would have used the original. The fine point is: he used the illegal, infringing derivate.</span></p><p><span style="color: #3E3E3E"></span></p><p><span style="color: #3E3E3E">And you can sue anybody, as long as your claim is valid. If the party sued is not of age or otherwise incapacitated, the lawsuit will be redirected to the appropiate party: parents or caretakers usually, and would be "negletient supervision" atop any other charge. PLUS: he is <strong>14. </strong>Court will have to check, and can choose to allow the lawsuit, with 14 they even presume he is liable by default. L<a href="http://blogs.findlaw.com/injured/2013/08/can-children-be-sued.html" target="_blank">iability of children</a> is a complicated matter.</span></p><p><span style="color: #3E3E3E"></span></p><p><span style="color: #3E3E3E">In the end: <strong>His family</strong> <strong>is liable for his actions</strong>, and Epic has many rights to persue substantial financial remedies.</span></p></blockquote><p></p>
[QUOTE="Trischa S., post: 7730175, member: 6922866"] [COLOR=#3E3E3E] [B]Go and consult an attorney.[/B] Creating a dirivate work only grants you copyrights if you create a substantial transformation. Software is not even copyrightable, the look and feel of a game is though. Cheat software is [B]not[/B] a substantial transformation, thus it is infringing copyright. The 3rd Party software to cheat infringes on Epics Copyright on the fortnight look and feel. Epic has a lawsuit against the creators of that software too. Now, the child case: Cheating is not illegal, [B]but breech of contract is illegal[/B], and the ToS are a binding contract that explicitly forbids cheating, manipulating the software, producing or [I]using derivates[/I]. By using and promoting such, he broke the ToS he was bound to [/COLOR][COLOR=#3E3E3E]and[/COLOR][COLOR=#3E3E3E] (because he is minor) his parents were bound to enforce it due to [I]letting[/I] him play it. Of course you are allowed to use the original software to show the look and feel of the original game, provided you use fair use and provide transformation or commentary to add to it. Using an alternate software to show the not-fair-use-altered game (aka cheating) is however displaying not the original but the plagiate, and this can be copyright infringing, as you show a non-substantial transformation of the game, EVEN if you do gain fair use cover if you would have used the original. The fine point is: he used the illegal, infringing derivate. And you can sue anybody, as long as your claim is valid. If the party sued is not of age or otherwise incapacitated, the lawsuit will be redirected to the appropiate party: parents or caretakers usually, and would be "negletient supervision" atop any other charge. PLUS: he is [B]14. [/B]Court will have to check, and can choose to allow the lawsuit, with 14 they even presume he is liable by default. L[URL="http://blogs.findlaw.com/injured/2013/08/can-children-be-sued.html"]iability of children[/URL] is a complicated matter. In the end: [B]His family[/B] [B]is liable for his actions[/B], and Epic has many rights to persue substantial financial remedies.[/COLOR] [/QUOTE]
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