In addition to having their initiative backfire on them, Epic Games did not count on the mother blasting them with some serious legal arguments that they have yet to respond to. "[The Defendants] and other cheaters who use the cheat create unauthorized derivative works based on Fortnite in violation of the Copyright Act".
Epic said that the video is the big issue, as once the company had the video taken down via DMCA claim, the boy then filed a counterclaim.
This, along with the fact that the gaming juggernaut is suing a 14 year-old, strongly suggests that Epic had no idea who it was suing.
The 14-year-old's mother addressed a number of issues in a letter to the court, arguing that the game developer handled the matter inappropriately in several aspects. She also points out that Fortnite's EULA requires a player get parental consent if they are a minor.
To prove that it has indeed suffered financial damage, the teen's mother is urging Epic Games to make a statement that would certify that her son's cheating was directly responsible for a massive loss in profit. Best to focus on the people actually making and profiting from cheats (which Epic is also doing).More news: Glee Star Naya Rivera Arrested After Alleged Domestic Altercation
She claims that by going after individual players, rather than the websites selling/providing the software necessary to cheat in an online game, Epic is "using a 14 year-old child as a scapegoat".
Finally, the mother says that by releasing her son's name publicly in conjunction with the move that Epic has violated DE laws related to the release of information on minors. "Epic has released the defendant's name publicly, therefore allowing news articles and different online publications to obtain his name and in turn release additional information", she claims. This in itself is a violation of DE laws related to the release of information of minors. The mother says it isn't legally binding as minors require permission from parents or guardians, which never happened in this instance.
For its part, Epic is not backing down - for now.
Epic explained the reasoning behind the lawsuit against the minor in a statement received via email: "This particular lawsuit arose as a result of the defendant filing a DMCA counterclaim to a takedown notice on a YouTube video that exposed and promoted Fortnite Battle Royale cheats and exploits".
"We take cheating seriously, and we'll pursue all available options to make sure our games are fun, fair, and competitive for players".