The aggressive approach by Destiny 2 against fraud and cheaters does not spare minors. This was demonstrated by the case of “L.L.” who was sued by Bungie for about 135,900 euros in July 2022. His attempt to dismiss the lawsuit as a “child’s joke” and “legally permissible“ impressed Bungie little. He only made it worse.
Which case is being discussed? The Twitch streamer MiffysWorld was an avid Destiny 2 player who attempted to manipulate the game with cheats and fraud. He repeatedly circumvented bans from Bungie and also streamed his cheating in Destiny 2 live.
- After Bungie had repeatedly banned various of his newly created player accounts, he threatened to “burn down” Bungie’s corporate headquarters.
- He also became increasingly personal against Bungie employees by openly spreading his hatred on Twitter. He specifically threatened Bungie’s former community manager Dylan Gaffner and his family.
In 2022, he was ultimately sued by Bungie for about 135,900 euros. Ten days after the lawsuit was filed, MiffysWorld’s lawyer informed the court that his client was indeed a minor and that Bungie’s lawsuit was “hysterical“.
But despite his young age, Bungie continues as usual and even escalates further.
The defense argues: “Child’s joke” and “Cheating is not illegal”
After it became known that the defendant was 17 years old, the real name of the teenager was no longer used in the case and instead replaced with the initials “L.L.” His young age did not change Bungie’s decision to hold him accountable.
Teen-cheater hires lawyer from cheat provider: The defendant “L.L.” engaged the same defense as the cheat provider AimJunkies, which has already been sued by Bungie.
Presumably, because in the proceedings against AimJunkies, lawyer Philip P. Mann from the Mann Law Group PLLC was already extremely aggressive, effectively countering Bungie’s allegations. In the end, Bungie won the legal dispute and was awarded 4 million euros in damages from AimJunkies.
He is now also representing the case of the minor “L.L.” and immediately showed that he plans an equally aggressive approach here.
For example, the lawyer for “L.L.” argued for dismissal of Bungie’s complaint on the grounds that the developer was “hysterical” and that his minor client had done nothing illegal with his cheating.
This is yet another in a series of thoughtless, unfounded lawsuits filed by Bungie Inc. as part of a highly publicized campaign to inform cheaters and those who support them that Bungie does not tolerate cheating in Destiny 2 and will not tolerate it.
Regardless of what Bungie “tolerates” regarding the actions of others, formal court proceedings such as this case are subject to the law and not Bungie’s wishes.
writes Mann in a motion to dismiss the lawsuit, alluding to the potential dramas of violence, arson and other criminal behavior mentioned by Bungie in the complaint
Additional reasons he cites for dismissal include:
- As a minor, “L.L.” has the right to rescind any contract within a reasonable time after reaching adulthood. Coincidentally, he had already declared all contracts with Bungie null and void.
- Moreover, the lawyer pointed out that “Congress has not currently decided to declare [cheating] illegal.”
- And the comments about Bungie and arson would be an obvious “child’s joke”, a form of free speech protected by the First Amendment.
In a submitted motion for reconsideration, Bungie agreed and stated that the court could dismiss all of its claims regarding the LSLA (Limited Software License Agreement).
However, since there was no license, Bungie stated that any downloading and playing of Destiny 2 constitutes copyright infringement.
By rejecting the LSLA (Limited Software License Agreement) and declaring it null from the outset, “L.L.” has acknowledged this.
Bungie briefly stated
His decision to nullify the licensing agreement through his argument will lead Bungie to file an amended complaint that will contain additional copyright infringement claims and will also consider all of the minor Destiny 2 player’s unauthorized activities.
This means that whenever “L.L.” was banned and then signed up for a new account, he agreed to Bungie’s limited software license agreement without the intention of complying with it. If he had not broken the LSLA himself, these activities would have been allowed.
- Citing violations of the DMCA provisions against circumvention, Bungie is now demanding about 2,300 euros for each incident.
- Through this decision, ‘L.L.’ may find himself in a worse position than before.
Furthermore, Bungie countered the opposing attorney’s statement with:
Cheating may not be illegal, but without circumvention, this kind of cheating wouldn’t exist.
Bungie counters the opposing attorney’s statement
Court mostly follows Bungie’s argumentation
Downplaying anti-cheat provision has failed: As expected, the court dismissed Bungie’s lawsuit for breach of contract relating to the Limited Software License Agreement.
However, Bungie’s arguments supporting its copyright infringement lawsuit were described by the judge as “convincing”.
- A cheat software “transformed Destiny 2 by manipulating the software to add visual elements that were overlaid on the original visualizations in the game,” and since “L.L.” had no permission from Bungie, it constitutes an unauthorized derivative work.
Attempts by the defense to downplay the anti-cheat provision in the LSLA have also failed. Any use of software to cheat in Destiny 2 was announced in the Limited Software License Agreement as grounds for immediate termination of “L.L.”’s license.
As a whole, the law clearly states that evading or circumventing a technical measure violates the DMCA. Therefore, the court denies the defendant’s [L.L.] motion to dismiss the claim for circumvention of technical aspects.
stated District Judge Richard A. Jones
As the case is still ongoing, the court has now ordered Bungie to submit its first amended complaint.
The conclusion from this case is clear: Cheating and fraud in video games may not always be illegal, but it can still have serious consequences. Even if one is still a minor.
And Bungie is rigorously pursuing legal action against cheaters with the utmost determination, which may lead other game developers to consider formal lawsuits against cheaters in the future.
What do you think about the case? Do you think Bungie is really too hysterical about the actions of a minor? Or do you find this is exactly the right approach against fraudsters, even if they are only 17 years old? And do you believe Bungie’s efforts can make a difference or change anything? Feel free to leave your opinion on this topic in the comments.
By the way, Season 21 of Destiny 2 will start soon, and it promises to be quite deep:
Destiny 2: Exciting leaks about Season 21 reveal new content and underwater setting
