Actually, Bungie has experience with legal disputes with cheat providers. However, the latest case did not go to court as the makers of Destiny 2 might have expected. Several claims were dismissed, but it is not over yet.
Who is Bungie taking action against? As reported by TorrentFreak.com, there is currently a legal dispute with AimJunkies.
What exactly is the lawsuit about? Since AimJunkies offers Destiny 2 hacks for sale, Bungie sees a violation of the rules and especially copyright, as the hacks rely on systems that are protected against copying and must not be modified.
- Bungie accuses the cheat provider of trademark and copyright violations. The lawsuit was filed in late 2021 in Seattle, Washington.
- The lawsuit is also directed against the Phoenix Digital Group, which is said to have created the software as a basis for cheats.
- Prior to that, there were settlement discussions and AimJunkies had removed the cheats for Destiny 2, but they were still online as backups. After further legal actions by Bungie, the conflict flared up again.
- AimJunkies applied for a dismissal of the case, stating that no law prohibits the offering of cheats. They also claimed not to have violated copyright.
Now a decision has been made in the dismissal proceedings, and it did not go well for Bungie: The lawsuit was dismissed, at least for now.
Although the case is not over, it is not a good start for Bungie. This is how the court justifies its decision.
The judge believes Bungie did not provide enough facts
This is how the cheat provider justifies why the lawsuit is unlawful: It is undisputed that this site actually offers cheats for sale.
- AimJunkie argued that Bungie’s claims were simply too vague and imprecise. The cheat software is not a copy of any code from Destiny 2.
- However, Bungie also made other accusations. These involve breach of contract and unjust enrichment.
- According to AimJunkie, this does not belong in a federal court. Such cases are typically decided in arbitration.
The judge seems to have seen it the same way, as the verdict shows. The court found that Bungie did not provide enough facts and evidence to substantiate the lawsuit.
The presiding judge Zilly said:
In particular, Bungie has not cited facts explaining how the cheat software constitutes an unauthorized copy of any of the copyrighted works cited in the lawsuit. Bungie’s lawsuit must contain more than a ‘formulaic recitation of the elements of a cause of action.’
via TorrentFreak.com
Has Bungie failed? No. They still have the option to collect further evidence for the lawsuit and try again.
However, it is quite possible that the case will not actually be continued in a federal court. The judge agrees that this is actually a case for arbitration due to Bungie’s own licensing agreements.
The judge advises both parties to resolve this matter out of court.
Aside from that, not all accusations by Bungie were dismissed. According to Judge Zilly, the claims regarding trademark law are valid and provide grounds for a case. Thus, at least the issue of trademark infringement should be clarified in court.
Although AimJunkies has achieved a small victory regarding copyright, Bungie still has some leeway to enforce its claims. Perhaps they will indeed present enough evidence to also enforce the copyright lawsuit.
Currently, the cheat provider is also apparently in a sales process to a Ukrainian investor group. So, it remains unclear how this will continue.
This is not the first lawsuit against a cheat provider; there have been several such disputes in the past.
Only at the beginning of 2021, Destiny 2, in conjunction with Valorant, took action against the provider GatorCheats: Destiny 2 and Valorant fought together against a major cheat provider
