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They should just indemnify creators and accept the losses if the sellers don't pay up. They probably aren't doing this because in a majority of cases, their own compensation won't come through.Įither way the onus of due diligence should probably be on Epic given that the marketplace is supposed to be used by smaller devs. In an ideal world, Epic would have a chain of indemnities from the marketplace sellers to the creators such that Epic compensates creators and are compensated by the sellers in breach of the Ts&Cs. The problem with that is that, in practice, most sellers either won't pay up or won't be able to pay up. I have no idea what the current terms are, but they could be expanded such that sellers indemnify Epic against any breaches of policy (which then lead to losses at a creator-level). So my understanding is that the Epic Marketplace has certain Ts&Cs under which sellers represent to Epic that their content isn't breaching copyright. Lawyer here, albeit with limited experience dealing with IP/copyright infringement.

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