Epic Games, Inc. v. Vraspir

Filing 12

STIPULATION AND PERMANENT INJUNCTION - Signed by Chief Judge James C. Dever III on 12/1/2017. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Civil Action No.: 5:17-cv-00512
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Plaintiff,
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v.
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CHARLES VRASPIR,
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Defendant.
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EPIC GAMES, INC.,

STIPULATION AND PERMANENT
INJUNCTION

Plaintiff Epic Games, Inc. ("Plaintiff' or "Epic") and Defendant Charles Vraspir
("Defendant" or "Vraspir") (together, the "Parties") have reached an agreement to settle the
dispute between them, including without limitation, the above-captioned action, and, as part of
the settlement between them, stipulate to the entry of this Permanent Injunction.
1.

This Court has proper jurisdiction over the subject matter in this litigation under

28 U.S.C. §§ 1331, 1338(a), 1367(a), and 17 U.S.C. §§ 106 and 501, et. seq.
2.

This Court has personal jurisdiction over Defendant because, among other things,

Defendant entered into contractual agreements with Epic, the terms of which included his
consent to be subject to the exercise of jurisdiction over him by this Court. This Court shall
retain jurisdiction over Defendant for the purpose of implementing and enforcing this Stipulation
and Permanent Injunction.
3.

Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b) and 1400(a).

Venue is also proper in this District because, among other things, Defendant entered into
contractual agreements with Epic, the terms of which included his consent to this District being
the proper venue.

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4.

The Parties enter into this Stipulation and Permanent Injunction voluntarily after

consulting with counsel and waive any rights to appeal from it

Permanent Injunction and Order.

5.

Based on the parties' stipulation and

agreement hereto, it is hereby ORDERED, ADJUDGED, and DECREED as follows:
Defendant, Charles Vraspir, along with his agents, representatives, partners, joint
venturers, servants, employees, and all those persons or entities acting in concert or
participations with hirri will immediately destroy all copies of any cheat software, including,
without limitation, aimbots, (collectively, "cheats" or "hacks") in his possession, custody, or
control that can be used to infringe any of Epic's copyrights or cheat at any of Epic's games, and
is PERMANENTLY ENJOINED and RESTRAINED from:
,

a. infringing any of Epic's currently existing or future copyrighted works, including,
without limitation, infringement by the use of any software or device that copies
or modifies Epic's software in violation of the Copyright Act;
b. creating, writing, developing, advertising, promoting, and/or distributing anything
that infringes Epic's works now or hereafter protected by any of Epic's
copyrights;
c. inducing or materially contributing to the direct infringement of any of Epic's
currently existing or future copyrighted works by others, including, without
limitation, infringement by the use of any software or device that copies or
modifies Epic's software in violation of the Copyright Act;
d. violating Epic's Terms of Service;
e. violating any of Epic's End User Licensing Agreements to which Defendant is a
or becomes a party;

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f.

intentionally interfering with Epic's contracts or contractual relations with any
other party or parties to those contracts or contractual relations;

g. cheating at any of Epic's games or at any game that Epic subsequently develops,
creates, or publishes;
h. materially contributing to cheating by others or inducing others to cheat at any of
Epic's games or at any games that Epic subsequently develops, creates, and/or
publishes;

i.

engaging in any other activity that constitutes or creates an infringement of any of
Epic's copyrights, or of any of Epic's rights in, or rights to use or exploit, its
copyrights;

J.

unfairly competing with Epic in any manner whatsoever; and/or

k. assisting, aiding, or abetting any other person or business entity in engaging in or
performing any of the activities referenced in paragraphs 5(a) through SU), above.
For the purposes of this paragraph 5 only, the term "Epic" includes all of Epic's
subsidiaries and affiliated companies.
6.

No bond or posting of security is required of the Parties in connection with the

entry of this Stipulation and Permanent Injunction.
7.

Plaintiff and Defendant acknowledge that they have knowingly and voluntarily

entered into this Stipulation and Permanent Injunction after reviewing the same with their
counsel or having had ample opportunity to consult with counsel. Plaintiff and Defendant
understand the undertakings, obligations, and terms of this Stipulation and Permanent Injunction.
8.

Except as to Defendant's obligations set forth in this Stipulation and Permanent

Injunction, Plaintiffs claims against Defendant in this Action, and any claims that could have
been asserted in this Action, are hereby dismissed with prejudice.
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9.

This Stipulation and Pennanent Injunction is final and may not be appealed by

either Party. ,"
10.

Nothing in this Stipulation and Pennanent Injunction precludes Plaintiff or

Defendant from asserting any claims or rights that arise after Defendant's stipulation to this
Stipulation and Permanent Injunction or that are based upon any breach of, or the inaccuracy of,
any representation or warranty made by Defendant or Plaintiff in this Stipulation and Pennanent
Injunction, or in the Settlement Agreement reached by the Parties.
11.

Nothing in this Stipulation and Permanent Injunction precludes Plaintiff or

Defendant from asserting any claims or rights against any third party.
12.

Defendant waives any objection under Federal Rule of Civil Procedure 65(d)

(pertaining to injunctions) to paragraph 5, above.
13.

This Court shall retain jurisdiction over this matter to enforce a violation of this

Stipulation and Permanent Injunction's tenns. If any such violation occurs, the Court shall
award, (a) without regard to proof of actual damages, liquidated damages of Five Thousand
Dollars ($5,000); as well as (b) injunctive relief enjoining any further breach of this Order, or
such modifications to the present Order as the Court deems appropriate; (c) attorneys' fees, costs
and disbursements, as determined by the Court; and (d) such other relief as the Court deems just
and proper.
SO ORDERED. This _l_day of December 2017.

JA
S C. DEVER III
Chief United States District Judge

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STIPULATED AND AGREED TO:
FOR THE PLAINTIFF:

FOR THE DEFENDANT:

ls/Christopher M. Thomas
Christopher M. Thomas (N.C. Bar No. 31834)
Parker, Poe, Adams, & Bernstein LLP
PNC Plaza
301 Fayetteville Street, Suite 1400 (27601)
P.O. Box 389
Raleigh, North Carolina 27602-0389
Email: [e-mail]
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff Epic Games, Inc.

ls/Kevin G. Williams
Kevin G. Williams (N.C. Bar No. 25760)
Bell, Davis Pitt
100 N. Cherry Street, Suite 600
Winston-Salem, North Carolina 27101
Email: [e-mail]
Telephone: [phone]
Facsimile: [phone]
LR 83.1 Counsel
ls/Russell M. Spence, Jr.
Russell M. Spence, Jr. (MN Bar No. 241052)
Hellmuth & Johnson PLLC
8050 West 78th Street
Edina, MN 55439
Email: [e-mail]
Phone: [phone]
Attorneys for Defendant

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