Bungie has declared war on Destiny 2 hackers, legally speaking. Bungie has taken multiple cheat providers to court over their Destiny 2 hacks, including Perfect Aim, Elite Tech Boss, Lavicheats, and VeteranCheats. They’ve even teamed up with other publishers to jointly take down cheat providers in class-action lawsuits.
All of those cheat providers have either removed their Destiny 2 hacks from online storefronts or had those storefronts taken down entirely. However, one is providing to be slightly more difficult than the others.
Torrent Freak reports that Bungie has had its copyright claims against Phoenix Digital Group, the company behind AimJunkies.com, dismissed. The judge in the case ruled against Bungie stating that it had failed to explain how AimJunkies’ cheats constituted an illegal copy of Destiny 2’s code.
The lawsuit was filed last June in Seattle court. AimJunkies was fast to remove the offending Destiny 2 hacks from its website soon after being named defendants and had even entered into negotiations with Bungie to reach an amicable settlement. However, Bungie then moved for a summary judgment against AimJunkies, to which the hack providers responded with a motion to dismiss.
In its notice to dismiss, AimJunkies argued that its hacks don’t actually use any code from Destiny 2 and are therefore not a copyright violation. As for the other charges brought against them, which included breach of contract, tortious interference, and unjust enrichment, AimJunkies argued that Bungie’s own License Agreement requires all non-copyright issues to be settled via arbitration.
On these points, U.S. District Court Judge Thomas Zilly agreed with AimJunkies. In his ruling, Judge Zilly said, “Bungie has not pleaded any facts explaining how the cheat software constitutes an unauthorized copy of any of the copyrighted works identified in the complaint. Bungie’s complaint must contain more than a ‘formulaic recitation of the elements of a cause of action.’”
Not all the charges were dismissed, however. Judge Zilly said the trademark infringement and “false origin” claims were valid enough to go to trial. Judge Zilly’s ruling also allows Bungie to appeal by amending its complaint and refiling.
Bungie is also in a legal fight over a fraudster sending fake copyright claims against Destiny 2 providers. You can read all about it in our previous coverage.
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