Among other things, Take-Two says this is warranted because the cheating activity resulted in severe losses. According to an estimate provided by the company, the harm is at least $500,000. In addition, the maximum in damages should also act as a deterrent against other cheat developers.
“A maximum award would deter Defendant and other infringers from creating similar cheating tools that modify and alter GTAV,” the company argues.
“Indeed, Defendant is not alone in his effort to create, distribute, and maintain a program that alters and modifies Take Two’s game, which is then sold to users for profit. Take-Two already has been forced to bring several lawsuits in the United States and around the world against other infringers.”
On top of the $150,000 in damages, Take-Two also requests $69,686 in attorney’s fees, as well a permanent injunction prohibiting the defendant from continuing infringing activities moving forward.
As far as we know, Elusive hasn’t been available since earlier this year when the developer informed the public that activities were being discontinued.
“After discussions with Take-Two Interactive, we are immediately ceasing all maintenance, development, and distribution of our cheat menu services,” a public announcement read at the time.
“We will also be donating our proceeds to a charity designated by Take-Two. We apologize for any and all problems our software has caused to the Grand Theft Auto Online community,” it added.
That said, Take-Two has experience with developers who say one thing and do another, so the company would like to see details cemented in a court order. Given that the defendant has not responded in court, it is likely that the court will side with the gaming company.