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Epic Games, Inc. v. Vraspir

United States District Court, E.D. North Carolina, Western Division

December 1, 2017

EPIC GAMES, INC., Plaintiff,
v.
CHARLES VRASPIR, Defendant.

          FOR THE PLAINTIFF: Christopher M. Thomas ( N.C. Bar No. 31834) Parker, Poe, Adams, & Bernstein LLP PNC Plaza Attorney for Plaintiff Epic Games, Inc.

          FOR 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

          JAMBS C. DEVER III CHIEF UNITED STATES DISTRICT JUDGE

         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.

         4. The Parties enter into this Stipulation and Permanent Injunction voluntarily after consulting with counsel and waive any rights to appeal from it

         5. Permanent Injunction and Order. 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 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 RESTRAINED from:

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 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 ...

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