Counterclaims for Destiny 2 alleged cheat seller AimJunkie, Phoenix Digital, and several individuals were dismissed in federal court in Seattle, Washington, according to a November 10 court document.
The wording of the decision appears to mark a victory for Bungie, which has sued the alleged cheat maker for various copyright and trademark infringements on the popular FPS game. However, the court dismissed the counterclaims without rebuke, which means that the defendant still has some time to amend and resubmit the counterclaims.
Bungie first filed a lawsuit in response to the cheat "Destiny 2 Hacks" sells for $34,95/month on AimJunkies.com. According to TorrentFreak. Phoenix Digital was the seller Destiny 2 Hacks that promised "Destiny 2 Aimbot", "Destiny 2 No Recoil" and "Destiny 2 Item ESP", which refers to ways to find better weapons and armor.
Bungie filed a lawsuit based on trademark and copyright infringement, including allegations that the company copied and distributed the code Destiny 2 and bypassed technological protections in violation of the Digital Millennium Copyright Act.
The defendant, AimJunkie, a company that specializes in developing what Bungie calls "cheating software," attempted to countersue Bungie, arguing that cheating is not illegal.
"Bungie is obviously hoping to deceive this court by banning a perfectly legal activity." It says in a document filed on February 4, 2022. "This court should not be party to such questionable tactics and should apply laws that actually exist, not ones that Bungie apparently makes up out of thin air."
While cheating in video games may not result in any criminal consequences, the methods used to develop cheats sometimes involve modifying the game's source code, which can be considered copyright or trademark infringement.
In this case, the federal court initially appeared predominantly on the side of AimJunkies, suggesting that Bungie successfully claimed trademark infringement but failed to properly claim copyright infringement. However, by dismissing or assigning copyright infringement claims without prejudice, the court allowed Bungie to clarify its claims, which the company then resubmitted an amended complaint.
In the latest ruling dealing with counterclaims, court sided with Bungie, granting Bungie's motion to dismiss the case and thereby dismissing the defendants' counterclaims. While the statement noted that "Bungie has made a strong case that the counterclaims should be dismissed with prejudice," Judge Thomas Zilly dismissed the claims without prejudice, meaning the defendants can amend and refile their claims. However, Zilli gave the defendant until November 21 to file an amended statement of claim.
While the case is still ongoing, the AimJunkies have an uphill battle ahead of them, as documents show the court is leaning in Bungie's favour. Bungie previously sued cheat maker GatorCheats in a lawsuit that was settled for $2 million.
The nature of these lawsuits shows what Bungie is doing to combat hackers and prevent fraud in Destiny 2. If left unchecked, cheating can become a problem in PvP events like Iron Banner and Trials of Osiris.
