On October 17, 2017, Epic Games sued Philip Josefsson and Artem Yakovenko for copyright infringement, trademark infringement, false designation of origin, breach of contract, and, under California law, unfair competition.
The allegations against Josefsson and Yakovenko are similar to those made against Brandon Broom and Charles Vraspir. Specifically, Epic alleges that Josefsson and Yakovenko created, marketed, and distributed cheats for Fortnite.
Interestingly, Epic claims that both defendants, who do not live in the United States, consented to venue in the United States by participating in the YouTube DMCA notification/counter-notification process. Mr. Josefsson is a resident of Sweden, and Mr. Yakovenko is a resident of Russia. Both defendants posted YouTube videos displaying their cheats, and Epic filed DMCA notifications against those videos to take them down. Both Josefsson and Yakovenko filed counter-notifications against Epic’s DMCA notifications. Because Josefsson and Yakovenko, per the terms of the counter-notification, thereby “consent[ed] to . . . if my address is outside of the United States, the judicial district in which YouTube is located,” Epic argues in its complaint that both parties consented to be sued in the Northern District of California.
This suit appears to be the latest in a string of suits by Epic to take “every measure to ensure [that] cheaters are removed from Fortnite Battle Royale.”