United States District Court, E.D. North Carolina, Western Division
THE PLAINTIFF: Christopher M. Thomas ( N.C. Bar No. 31834)
Parker, Poe, Adams, & Bernstein LLP PNC Plaza Attorney
for Plaintiff Epic Games, Inc.
THE DEFENDANT: Kevin G. Williams ( N.C. Bar No. 25760) Bell,
Davis Pitt LR 83.1 Counsel ls Russell M. Spence, Jr. (MN Bar
No. Hellmuth & Johnson PLLC Attorneys for Defendant
STIPULATION AND PERMANENT INJUNCTION
C. DEVER III CHIEF UNITED STATES DISTRICT JUDGE
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.
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.
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.
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.
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.
Based on the parties' stipulation and agreement hereto,
it is hereby ORDERED, ADJUDGED, and
DECREED as follows:
Charles Vraspir, along with his agents, representatives,
partners, joint venturers, servants, employees, and all those
persons or entities acting in concert or participations with
him 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
a. infringing any of Epic's currently existing or future
copyrighted works, including, l without limitation,
infringement by the use of any software or device that copies
or modifies Epic's software in violation of the Copyright
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 ...