GTA V Cheat Maker Has to Pay $150,000 in Copyright Damages

Rockstar Games’ parent company Take-Two Interactive has won a default judgment against the developer of the GTA V cheat “Elusive”. The Florida-based man is ordered to pay the game company $150,000, which is the maximum amount of copyright infringement damages. According to the court, the cheat caused irreparable harm.

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Over the past two years, there’s 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.

Last 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.

The “Elusive” cheat was previously sold online at prices ranging from $10 to $30, depending on the package. Before filing the lawsuit, Take-Two attempted to find out exactly how much money was made in the process, but Perez failed to hand over detailed financial records.

Initially, the game company was open to negotiating a settlement but, due to the lack of response, it saw no other option than to take the cheat maker to court. Perez, however, did not respond to the complaint which prompted Take-Two to file for a default judgment.

According to the company, it’s clear that the cheat maker is guilty of both direct and contributory copyright infringement. As such, it asked the New York federal court for the maximum statutory damages amount of $150,000, plus $69,686 in attorney’s fees.

Take-Two argued that these damages are 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.

This week the court ordered on the motion for default judgment, siding with the game company.

“Take-Two has been irreparably harmed by Mr. Perez’s infringing conduct and will continue to be harmed unless enjoined,” US District Court Judge Kevin Castel writes in his order.

“Mr. Perez’s Elusive program creates new features and elements in Grand Theft Auto which can be used to harm legitimate players, causing Take-Two to lose control over its carefully balanced plan for how its video game is designed to be played,” he writes.

In addition, the Judge notes that the cheat discouraged users from future purchases and gameplay and that the unlimited currency cheat undermined Take-Two’s pricing and sales of legitimate virtual currency.

The Court, therefore, finds the cheat maker guilty of both willful direct and willful contributory copyright infringement, as well as breaching Take-Two’s user agreement.

Judge Castel ordered Perez to may the maximum statutory damages of $150,000 and an additional $66,868 in attorney’s fees. To our knowledge, this is the highest damages amount that has ever been awarded in a game cheating case.

In addition to the monetary damages, the Court also issued a permanent injunction prohibiting the cheat maker from continuing infringing activities moving forward.

Elusive hasn’t been available for sale since last year. It was taken offline after Perez was contacted by Take-Two.

“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.

At the time, the cheat maker informed its users that it would donate the proceeds to a charity which Take-Two could pick. However, the default judgment makes it clear that this money should go directly to the game company instead.

A copy of the order granting Take-Two’s default judgment against Mr. Perez is available here (pdf).

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Windows 7 Extended Security Updates will double in price each year

Three years of updates will be available.

Windows 7's free support period ends on January 14, 2020. Microsoft is offering three years of support updates for the operating system on a paid basis with a new program called Extended Security Updates. Unlike previous after-life support options for Windows, which were offered as part of separately negotiated support contracts, the Windows 7 ESU updates will be available to any volume license customer, regardless of size or sales channel.

Pricing for this support has now leaked to Mary Jo Foley. For organizations already subscribing to Windows Enterprise, the first year of updates will cost an additional $25 per device. This doubles to $50 for the second year and $100 for the third year. Organizations can't skip a year, either; previous years must be paid for to obtain the year two and year three support. For companies sticking with Windows 7 Pro instead of subscribing to Windows Enterprise, the first year will cost $50 per device and will double each subsequent year to $100 and then $200.

There's no minimum purchase for the ESU subscriptions, so companies can buy as few as they need. It's not clear if there will be any volume discounts for larger deployments still stuck with the legacy operating system.

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GPD MicroPC keyboard test

GPD has been making handheld computers for a few years, starting with the GPD Win line of small gaming computers and following up with the GPD Pocket line of mini-laptop computers. This year the company is launching a new category, starting with the GP…

GPD has been making handheld computers for a few years, starting with the GPD Win line of small gaming computers and following up with the GPD Pocket line of mini-laptop computers. This year the company is launching a new category, starting with the GPD MicroPC. It’s the company’s smallest mini computer to date — and […]

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Court upholds conviction of girl who urged suicide with texts and calls

“You’re just making it harder on yourself by pushing it off,” one message said.

Michelle Carter

Enlarge / Michelle Carter

The Massachusetts Supreme Court has upheld the involuntary manslaughter conviction of a 17-year-old girl who goaded her boyfriend to commit suicide in a series of text messages and phone calls. The state's highest court rejected her lawyer's arguments that she couldn't be held responsible for his death because she wasn't physically present and that prosecuting her violated her First Amendment rights.

Defendant Michelle Carter was sentenced to 15 months in prison in 2017, but the sentence was put on hold pending appeal.

It's a chilling case. Carter didn't just suggest that Conrad Roy kill himself once or twice. Text messaging records show her repeatedly urging Roy to kill himself over several days prior to his 2014 death.

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2018 ranks as fourth-warmest year for globe

With US government shutdown over, the data finally gets released.

NASA's 2018 temperatures compared to the 1951-1980 average. (Numbers shown in K are identical to degrees Celsius.)

Enlarge / NASA's 2018 temperatures compared to the 1951-1980 average. (Numbers shown in K are identical to degrees Celsius.) (credit: NASA)

It’s that time of year again… or at least it was. NASA and NOAA normally release the final global temperature data for the previous year around January 18, but the government shutdown delayed that release. It finally happened on Wednesday, with both agencies finding that 2018 ranks at number four on the ever-changing list of the warmest years on record.

That matches the ranking from the independent Berkeley Earth dataset, which they released on January 24 by accessing raw US data during the shutdown. The UK Met Office also released its data today, ranking 2018 similarly.

So why 4th place? Last year settles in just behind 2016, 2017, and 2015 as part of a continuing and human-caused global warming trend toward record temperatures—that's the reason the top years are all quite recent. Whether a year wiggles into 5th or 1st depends primarily on short-term natural variability that's layered on top of the human-driven trend.

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Landkreis Cham: Landrat droht M-net wegen Panne beim Glasfaserbau mit Klage

Eine Einigung für den gescheiterten Glasfaser-Ausbau im Landkreis Cham gibt es weiter nicht. M-net braucht einen neuen Bauträger, der Landkreis will klagen und doch mit M-net weitermachen. (Glasfaser, Internet)

Eine Einigung für den gescheiterten Glasfaser-Ausbau im Landkreis Cham gibt es weiter nicht. M-net braucht einen neuen Bauträger, der Landkreis will klagen und doch mit M-net weitermachen. (Glasfaser, Internet)

Daily Deals (2-06-2019)

In the market for an inexpensive laptop that doesn’t ship with Windows or MacOS? Dell is currently selling its newest XPS 13 Developer Edition laptop with Ubuntu Linux for as little as $690 — although you’ll have to pay considerably m…

In the market for an inexpensive laptop that doesn’t ship with Windows or MacOS? Dell is currently selling its newest XPS 13 Developer Edition laptop with Ubuntu Linux for as little as $690 — although you’ll have to pay considerably more than that if you want a model with more than 4GB of RAM. Another option […]

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French auditor says Ariane 6 rocket too conventional to compete with SpaceX

“This new launcher does not constitute a sustainable response.”

Artist's view of the configuration of Ariane 6 using two boosters (A62) on the ELA-4 launch pad together with its mobile launch gantry.

Enlarge / Artist's view of the configuration of Ariane 6 using two boosters (A62) on the ELA-4 launch pad together with its mobile launch gantry. (credit: ESA - D. Ducros)

France's independent state auditor, the Cour des comptes, has raised concerns about the viability of Europe's new rocket, the Ariane 6 launcher. In its 2019 annual report, the auditor said the France-based launch company Arianespace is also being too cautious as it grapples with competitors like the US-based SpaceX.

"In 2017, Arianespace lost global leadership in the commercial market to the American company SpaceX," the report finds. "This competitor's business model is based on the breakthrough model of reusable rockets."

The report discusses the potential for further losses of market share and revenues against the rise of competition from SpaceX and a global dip in demand for the launch of commercial satellites to geostationary orbit. It also criticizes the choices European leaders made in 2014, when they selected the design for its next-generation rocket, the Ariane 6. This booster may fly for the first time in 2020 from the European spaceport in Kourou, French Guiana.

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Remastered: Ubisoft überarbeitet Assassin’s Creed 3

Ein ganz neues Assassin’s Creed soll es 2019 nicht geben – aber eine Neuauflage von Serienteil 3: Der schickt Spieler mit schönerer Grafik und optimiertem Gameplay in die Zeit des amerikanischen Unabhängigkeitskriegs. (Assassin’s Creed 3, Ubisoft)

Ein ganz neues Assassin's Creed soll es 2019 nicht geben - aber eine Neuauflage von Serienteil 3: Der schickt Spieler mit schönerer Grafik und optimiertem Gameplay in die Zeit des amerikanischen Unabhängigkeitskriegs. (Assassin's Creed 3, Ubisoft)

Charter raises sneaky “broadcast TV” fee for second time in four months

Charter fee rose from $9 to $10 in November and will go up to $12 in March.

A Charter Spectrum service vehicle.

Enlarge / A Charter Spectrum vehicle. (credit: Charter)

Charter Communications will raise its "broadcast TV" fee from $9.95 to $11.99 on March 1, only four months after the previous fee increase.

Charter and other cable companies say they charge broadcast TV fees to recoup the cost of paying broadcasters for the right to retransmit their signals over cable systems. But Charter doesn't include the fee in its advertised rates, instead revealing the fee in the fine print, often giving customers bill shock when they learn that they have to pay more each month than expected.

Additionally, increases to the fee apply even to customers who agreed to deals that ostensibly lock in a specific monthly rate during a set period. In summary, Charter uses the broadcast TV fee to advertise lower rates than it actually charges and to raise prices on customers even before their promotional rates expire.

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