Cheating itself does not violate the law. However, thanks to Destiny 2, this might change soon, as Bungie is currently involved in a court case that could clarify this question soon. However, the word “cheat” should not be mentioned there, at AimJunkies’ request.
This is the lawsuit in question: Two years ago, Bungie filed a lawsuit in a federal court in Seattle. AimJunkies and Phoenix Digital Group were accused of developing cheating software for Destiny 2 that violates copyright and trademark laws.
- Initially, it seemed that a quick settlement could be reached. However, the case developed into a protracted legal battle.
- In July 2023, Bungie filed a motion for a summary judgment to finally resolve the copyright infringement dispute.
- However, the court rejected these motions, as there was no clear evidence that game code was copied. Instead, it ordered that a jury should decide.
Why is the verdict so important? Cheating may be considered unethical and fraud, but it can be difficult to prosecute criminally, as there are no clear laws that explicitly criminalize such actions. And what is not criminally relevant is legal.
However, now that the legal dispute between Bungie and AimJunkies is reaching its climax in front of a jury, it could become a landmark case in this regard.
If the jurors classify cheating and the offering of cheat software as copyright infringement and thus as illegal, the case would also be groundbreaking for future legal disputes related to cheating in other online games.
It has become peaceful in Destiny 2, as the Guardians are currently celebrating the Dawn:
AimJunkies wanted to ban mention of “cheat”
This is what AimJunkies wanted to prevent: The cheat provider AimJunkies and thus Phoenix Digital Group is one of the toughest opponents in Bungie’s ongoing litigation.
However, the upcoming trial seems to be causing AimJunkies some discomfort. In particular, regarding the potentially negative connotations of the terms “cheat” and “cheat software”. There were concerns that these terms could influence the jurors.
- Both terms are automatically associated with “fraud” by most people.
- The words could create the impression that AimJunkies’ actions, despite their contrary legal position, are legally inadmissible.
To avoid this, AimJunkies has requested to prohibit any mention of the terms “cheat” or “cheat software”. However, this request was rejected.
This is how AimJunkies will defend itself before the jury: The cheat provider will argue in the trial that they merely sold the software created by an unnamed third party.
The software in question was created by parties other than the defendants. The defendants had no access to the software, the copying of which Bungie accuses them of, and no software created, developed, marketed, advertised, sold, or otherwise distributed by the defendants infringes Bungie’s copyright.
States the lawyer for AimJunkies in a pre-trial statement
How good are Bungie’s chances? Bungie’s chances of success in this legal dispute depend on several factors. Central is the question of copyright infringement by AimJunkies.
If the court concludes that AimJunkies has violated copyright provisions, this strengthens Bungie’s position. AimJunkies’ concern about the negative connotation of the term “fraud” could indicate possible impacts on their reputation and positively influence Bungie’s chances.
Ultimately, however, the jury’s decision depends solely on the interpretation of evidence and laws. The arguments of both sides guarantee an exciting trial overall. When exactly the decision will be made is still uncertain.
Do you think the verdict could have significant impacts on the gaming world? And what do you think about AimJunkies’ attempt to ban the mention of “cheat” and “cheat software” in the trial? Feel free to share your thoughts in the comments.
