Page:Take-Two Interactive Software, Inc v Anderson.pdf/23

 January 2018 EULA

January 2018 Terms of Service

55 The respondent has failed to establish that he was at the relevant time unaware of these terms, or that he has an arguable defence to any of the applicants' claims based on any such lack of knowledge. All versions of the EULAs and the ToS that applied during the relevant period include terms barring players (or users) from cheating or using unauthorised mods.

The trade and commerce issue

56 The trade and commerce issue is relevant to two alternate claims made by the applicants against the respondent. The first, which is pleaded in [57]–[60] of the statement of claim, alleges that end users of GTA V were when playing the game doing so in trade or commerce. Neither party Take-Two Interactive Software, Inc v Anderson [2021] FCA 1024