A cheat seller sued by Bungie is now suing it for hacking and DMCA violations
Destiny 2 cheat seller AimJunkies, who was sued by Bungie last year, is now suing after claiming the studio illegally accessed one of its computers.
Bungie filed a complaint in federal court in Seattle last year, accusing AimJunkies and Phoenix Digital (which allegedly created its cheat software) of copyright and trademark infringement, among other things.
But earlier this year, a US judge partially sided with AimJunkies, concluding that the original complaint did not provide sufficient evidence that the company had infringed any copyright.
Later, an amended complaint by Bungie added more details about the copyright infringement, including information about several people allegedly involved, including James May, who the studio claimed was a third-party cheat developer.
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Now, as reported by TorrentFreak, AimJunkies has sued Bungie, alleging that the Destiny developer illegally accessed May’s computer in hopes of finding supporting evidence for its own case against the company.
AimJunkies claims Bungie violated the Digital Millennium Copyright Act (DMCA) by circumventing the cheat software’s technological safeguards.
TorrentFreak also notes that while Bungie now reserves the right to access players’ computers for anti-cheat purposes, the older Limited Software License Agreement (LSLA) signed in May 2019 – and the one presented by Bungie as evidence – did not allow the.
“The LSLA (Limited Software License Agreement) in force at all times does not authorize Bungie, Inc. to surreptitiously access files on Mr. May’s personal computer and/or download information from those files without his direct knowledge and express authorization from Mr. May”, says the counter address.
It is also claimed that Bungie accessed May’s computer on several occasions in violation of the Computer Fraud and Abuse Act, which can be seen as hacking.
“Upon information and belief, Bungie, Inc., after fraudulently accessing Mr. May’s personal computer, used the information obtained to conduct additional surveillance by parties including, but not limited to, Phoenix Digital and its contractors.”
“Upon information and belief, Bungie, Inc. decompiled, reverse engineered and otherwise inspected the internal workings of the ‘cheat software’ product obtained from the AimJunkies website by ‘Martin Zeniu’ on or about January 3, 2020, in violation of Phoenix Digital Terms of Service to which Bungie, Inc. had agreed,” the countersuit states.
May and Phoenix Digital are seeking undisclosed damages.
In a lawsuit filed earlier this year, Bungie said it is seeking over $7,650,000 in damages from a Destiny YouTuber who allegedly impersonated the company to issue a series of fake DMCA strikes against other content creators.
It also recently settled a lawsuit that will see a Destiny 2 cheating company pay it $13.5 million in damages.