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The Claimants alleged that the defendants had 1) breached various terms of the end-user licence agreement as well as the terms of service and online code of conduct to which all players of GTA V must agree in order to install and play the game 2) knowingly induced breaches of contract by the defendants' own customers (the users of the Epsilon mod menu) and 3) infringed the copyright in the GTA V software. The Claimants dropped the strike-out claim but pursued the claim for summary judgement. Shortly after the filing of this application, the defendants did file evidence.

They didn’t serve any evidence, as required by the Costs and Case Management Order, so the Claimants sought either a strike-out or, alternatively, summary judgement on the basis that there was no real prospect of defending the claim. The fourth and fifth defendants filed defences to the claims, which had been settled by counsel, but they were unrepresented at the Hearing. The claims relate to GTA Online - the multiplayer mode within GTA V. Epsilon is a ‘mod menu’ capable of altering the operation of a game in-play, enabling players to gain a wealth of unfair advantages such as spawning copies of weapons, vehicles or ammunition generating spoofed virtual currency and interfering with other players' gameplay experience (by, for example, blowing them up remotely). The claim brought against the fourth and fifth defendants (the claims against the first, second and third were settled by consent order) related to the cheat software Epsilon. The developers and publishers of the world’s best-selling computer game, Take-Two Interactive and Rockstar Games, have secured summary judgement from the High Court against several individuals that created cheat software for Grand Theft Auto V (GTA V) - the best-selling video game of all time.

Here, we break down this case from a legal perspective, looking at what claims were brought against the players and how they were prosecuted for copyright infringement. Several GTA V players have been locked in court proceedings against Take-Two and Rockstar over the Epsilon mod menu.

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