Destiny 2 cheat maker AimJunkies has now countered Bungie as part of the pair’s ongoing legal battle, accusing the developer of hacking a private computer and violating the software’s terms of service by reverse engineering after purchasing it under an alias.
The newly minted trial (opens in a new tab) (hosted via The Game Post (opens in a new tab)) lists several counterclaims filed on behalf of James May, an individual under AimJunkies, and Phoenix Digital, the group’s parent company. The lawsuit alleges that Bungie accessed May’s private computer and files without permission, and that it would have had to in order to obtain the evidence it presented in its own legal filings.
These claims invoke the Computer Fraud and Abuse Act and point to an older version of Bungie’s license agreement which, unlike the current version, does not include a clause to check certain files for anti-cheat purposes. The suit alleges May signed Bungie’s LSLA before this clause was added.
This “unauthorized and secret surveillance of private records” is described as “intentional, malicious and willful,” and May is seeking “injunctions and damages.” The claim would also see “any device or product in Bungie’s custody or control” involved in the alleged surveillance seized, modified or outright destroyed.
Phoenix Digital’s claims, meanwhile, focus on the terms of service for AimJunkies products. The company claims that an “employee or agent” of Bungie purchased AimJunkies’ Destiny 2 cheats under the alias Martin Zeniu in early 2020, accepting the company’s terms of service in the process. Those terms prohibit any attempt to “modify, hack, decompile, disassemble, reverse engineer, derive source code, or create derivative works of our software,” and Phoenix Digital is now accusing Bungie of doing just that.
Both counterclaims are pushing for a trial by jury, not to mention a lengthy relief order requiring Bungie and related parties to be barred from accessing May and Phoenix Digital’s computers, and to transfer and then destroy all copies of the files it allegedly . reverse engineered or otherwise obtained.
These claims must be investigated and held up in court, but the fact that this countersuit was filed at all sets this case apart from Bungie’s previous legal battles against cheaters, such as $13.5 million settlement that came from the case against Elite Boss Tech. By the way, that case also cited Bungie’s LSLA, rejected Bungie’s claims of copyright infringement, and was once set to go to trial. But simply put, AimJunkies’ defense seems a little more concrete, so the future of their case is much more up in the air.
Bungie has too sued a Destiny 2 cheater who allegedly threatened to “burn down” the studio.