AimJunkies.com has asked a federal court in Washington to dismiss the lawsuit filed a few months ago by "Destiny 2" creator Bungie. The defense argues that cheating isn't against the law and notes that Bungie's copyright infringement claims fall flat. As it turns out, two Destiny copyrights were registered after the cheats were sold in public, which may cause problems.
Over the past several years a wave of copyright infringement lawsuits have been filed against alleged cheaters or cheat makers.
Several game companies including Take-Two Interactive and Epic Games, have taken cheaters to court. More recently, American video game developer Bungie joined in on the action.
Bungie is known for the Halo and Destiny series, which have millions of fans around the world. The popularity of these games also attracts cheaters, including those who used the âDestiny 2 Hacksâ suite that was offered for sale at AimJunkies.com.
Bungie Sued AimJunkies
In a complaint filed at a Seattle federal court last June, Bungie accused AimJunkies.com of copyright and trademark infringement, among other things. The same accusations were also made against Phoenix Digital Group, the alleged creators of the software.
Initially, the parties entered settlement discussions. AimJunkies has already removed the Destiny 2 cheats from its site and was willing to negotiate. However, when Bungie moved for a default judgment, reportedly without prior warning, the mood changed.
Yesterday AimJunkies returned fire, asking the federal court to dismiss the lawsuit. The cheat seller, represented by attorney Philip P. Mann, argues that Bungie misuses the law to go after cheaters while cheating itself isnât unlawful.
âCheating Isnât Against the Lawâ
This goal is clear from Bungieâs complaint where Bungie mentions that, through the lawsuit, it hopes to âput cheaters on noticeâ that the game company âwill not tolerate cheating.â
âWhat is really going on here is Bungieâs transparent misuse of the legal system to achieve ends not actually permitted under laws actually passed by Congress,â AimJunkies writes, adding that âCongress, not Bungie, sets the rules.â
âBungie apparently hopes to bamboozle this court into proscribing entirely lawful activities. This court should not be party to such questionable tactics and should apply the laws that actually exist, not those Bungie apparently conjures out of thin air.â
While cheating may not be outlawed, Bungieâs claims are rooted in law. This includes several copyright infringement allegations. According to Bungie, AimJunkies copied and distributed its copyrighted work, to develop and advertise its cheat software.
Copyright Questions
In response, AimJunkies argues that these copyright infringement allegations are vague and not specific enough to allege a plausible claim. The cheat software itself certainly isnât a copy of Bungieâs work, they add.
The cheat maker also highlights another problem with Bungieâs copyright claims. The original complaint lists four copyright registrations but two of these were first published on November 10, 2020, well after the cheats were first made available.
Based on this finding, it would have been impossible for AimJunkies to use the copyrighted work to create its cheats, as the copyrights had yet to be fully registered.
â[T]he âcheat softwareâ Bungie complains of in this action was created and distributed long before November 10, 2020, and, therefore, could not have been âcopiedâ from these work.
âFor this reason, there is no set of facts on which Bungie can plausibly claim that Defendantsâ earlier created work was based on or otherwise copied from Bungieâs later created works. It is a factual and legal impossibility long recognized by the courts.â
AimJunkies further notes that Bungie has no plausible trademark infringement claim and wants these dismissed as well. The cheat seller also questions the courtâs jurisdiction and counters the other accusations, including âbreach of contract,â âtortious interference,â and âunjust enrichment.â
The latter claims donât belong in federal court either, AimJunkies notes. It points out that Bungieâs own License Agreement (LSLA) prescribes that, aside from copyright and trademark issues, mandatory arbitration is the âsole meansâ by which disputes are to be resolved.
âBungie is a Bullyâ
According to AimJunkies, it is clear that Bungie is trying to use its power to âbullyâ others into submission, but itâs not having any of it.
âThis is another case of well-heeled companies using their superior resources to bully others and achieve through the courts what they cannot accomplish in the marketplace. Although the rich have as much right to seek redress through the courts as the poor, they nevertheless need to follow the rules that apply to all. Bungie has not done that here.â
In conclusion, the cheat seller asks the federal court to dismiss the complaint or â if thatâs not an option â refer the appropriate claims to arbitration.
Needless to say, Bungie will likely see things quite differently and the company is expected to respond to AimJunkieâs arguments in a few weeks.