Over the past year there has been a wave of copyright infringement lawsuits against alleged cheaters or cheat makers.
Take-Two Interactive Software, the company behind ‘Grand Theft Auto V’ (GTA V), is one of the major players involved. The company has filed several lawsuits in the US and abroad, targeting alleged cheaters.
In August the company filed a case against Florida resident Jhonny Perez, accusing him of copyright infringement by creating and distributing a cheating tool. The software, known as “Elusive,” could be used to cheat and grief, interfering with the gameplay of others.
“In essence, Defendant is free riding on TakeTwo’s intellectual property to sell a commercial product that interferes with the carefully orchestrated and balanced gameplay that Take-Two created for its players,” Take-Two notes in the court filing this week.
The defendant has a clear profit motive, according to the company, which notes that “Elusive” was sold at prices ranging from $10 to $30, depending on the package. Buyers could pay through PayPal, but Steam and Amazon gift cards were also accepted.
How much money was made in the process remains unknown. Prior to filing the lawsuit, Take-Two requested detailed financial records from Perez in an attempt to reach a settlement. However, the defendant didn’t hand over the requested information and eventually stopped responding.
This lack of response continued after the lawsuit was filed, which prompted Take-Two to move for a default judgment. According to the company, it’s clear that the cheat maker is guilty of both direct and contributory copyright infringement.
Take-Two submitted its proposed default judgment to a New York federal court this week, asking for the maximum statutory damages amount of $150,000.