“Cheating is not against the law” * TorrentFreak

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AimJunkies.com has asked a federal court in Washington to dismiss the lawsuit filed a few months ago by the creator of “Destiny 2”, Bungie. The defense argues that cheating is not against the law and notes that Bungie’s copyright infringement claims fall flat. It turns out that two Destiny copyrights were registered after the cheats were sold in public, which can cause issues.

In recent years, a wave of copyright infringement lawsuits have been filed against suspected cheaters or fraudsters.

Several game companies, including Take-Two Interactive and Epic Games, have sued the cheaters. More recently, US video game developer Bungie joined in 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 have used the “Destiny 2 Hacks” sequel offered for sale on AimJunkies.com.

Bungie sued

In a lawsuit filed in federal court in Seattle last June, Bungie accused AimJunkies.com of copyright and trademark infringement, among other things. The same charges were also brought against Phoenix Digital Group, the alleged creators of the software.

Initially, the parties entered into settlement discussions. AimJunkies has already removed Destiny 2 cheats from their site and was ready to trade. However, when Bungie requested a default judgment, seemingly without warning, the mood changed.

Yesterday AimJunkies fired back, asking the Federal Court to dismiss the lawsuit. The cheat seller, represented by attorney Philip P. Mann, argues that Bungie is abusing the law to prosecute cheaters while being wrong is not illegal.

“Cheating is not against the law”

This goal is clear from Bungie’s complaint where Bungie mentions that, through the lawsuit, it hopes to “warn cheaters” that the games company “will not tolerate cheating.”

“What is really happening here is Bungie’s abuse of the legal system for purposes that are not really authorized by the laws actually passed by Congress,” AimJunkies wrote, adding that “Congress, and no Bungie, set the rules. “

“Bungie is apparently hoping to bamboozle this court into outlawing absolutely lawful activities. This tribunal should not be a party to such questionable tactics and should apply the laws that actually exist, not the ones Bungie is seemingly talking about out of nowhere.

bungie

While cheating is not prohibited, Bungie’s claims are rooted in the law. This includes several claims of copyright infringement. According to Bungie, AimJunkies copied and distributed their copyrighted work, to develop and advertise their cheat software.

Copyright questions

In response, AimJunkies contends that these claims of copyright infringement are vague and not specific enough to make a plausible claim. The cheat software itself is certainly not a copy of Bungie’s work, they add.

The cheat maker also highlights another issue with Bungie’s copyright claims. The original complaint lists four copyright records, but two of them were first released on November 10, 2020, long after the cheaters were first made available.

Based on this conclusion, it would have been impossible for AimJunkies to use the copyrighted work to create its tips, as the copyrights had not yet been fully registered.

“[T]The “cheat software” that Bungie complains about in this action was created and distributed long before November 10, 2020 and, therefore, could not be “copied” from this work.

“For this reason, there is no set of facts on which Bungie can plausibly claim that the work previously created by the Defendants was based on or otherwise copied from the works subsequently created by Bungie. This is a factual and legal impossibility long recognized by the courts.

fate 2 cheat

AimJunkies further notes that Bungie does not have any plausible trademark infringement claims and also wishes these to be dismissed. The cheater also questions the jurisdiction of the court and denies other charges, including “breach of contract”, “tortious interference” and “unjust enrichment”.

These latter claims also do not belong to a federal court, AimJunkies notes. He points out that Bungie’s own license agreement (LSLA) states that, aside from copyright and trademark issues, binding arbitration is the “only way” by which disputes are to be resolved.

“Bungie is a tyrant”

According to AimJunkies, it’s clear that Bungie is trying to use his power to “bully” others into submitting, but he fails.

“This is yet another case of high net worth companies using their superior resources to intimidate others and achieve in court what they cannot accomplish in the marketplace. While the rich have just as much right to seek redress in court as the poor, they must nonetheless follow the rules that apply to everyone. Bungie didn’t do that here.

In conclusion, the cheat seller asks the federal court to dismiss the complaint or – if that is not an option – to refer the appropriate claims to arbitration.

Needless to say, Bungie will likely see it very differently, and the company should respond to AimJunkie’s arguments in a few weeks.

A copy of AimJunkie’s motion to dismiss, which also represents Phoenix Digital Group LLC and several individually named defendants, is available here (pdf)

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