Over the past few months, Rockstar Games and its parent company Take-Two Interactive have put their foot down regarding cheat makers. In December 2018, Take-Two filed a lawsuit against the creator of the GTA Online cheat tool known as “Elusive”. At the time, the company estimated the harm to be about $500,000 and requested $150,000 on the basis of copyright infringement.
Elusive is a GTA Online cheating program created by Florida resident Jhonny Perez. The tool was reportedly sold online in different packages costing up to $30. As Perez did not share financial details, Take-Two was unable to put an exact number on the profit generated by the cheat.
Due to the defendant’s lack of cooperation in arranging a settlement, Take-Two ended up filing for default judgment. As reported by TorrentFreak, the court has ruled in favor of Take-Two Interactive, as the company was “irreparably harmed”. Consequently, Perez was ordered to pay $150,000 in statutory damages, and an additional $66,868 in lawyer fees to Take-Two. Furthermore, Perez was hit with a permanent injunction which forces him to terminate his “infringing conduct”.
“Take-Two has been irreparably harmed by Mr. Perez’s infringing conduct and
will continue to be harmed unless enjoined,” states Judge Kevin Castel in his court 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.”
Shortly after being contacted by Take-Two, Perez ceased Elusive sales last year. In addition to halting all work on the program, the cheat maker announced that Elusive’s entire revenue would be donated to a charity of Take-Two’s choosing. However, as the case ended up as a default judgment, all the money will go directly to the plaintiff. For the benefit of the gaming industry, hopefully this lawsuit deters those who develop cheating tools for online games.