General
AimJunkies Aims at Bungie and Files an Appeal
The legal confrontation between Bungie, the renowned game developer, and AimJunkies, a notorious cheat seller, has escalated to the Court of Appeals. AimJunkies is contesting a multi-million dollar damages award for DMCA violations, claiming an unfair arbitration process. This development follows a two-year legal struggle that began with Bungie’s complaint in a federal court in Seattle, accusing AimJunkies.com of copyright and trademark infringement, among other charges.
The Initial Phase of the Legal Battle
Initially, AimJunkies denied the allegations, arguing that cheating isn’t illegal and contesting the copyright infringement claims. They pointed out that some copyrights were registered after the cheats were made available. However, their stance faced a setback when U.S. District Court Judge Thomas Zilly partially favored AimJunkies, ruling that the original complaint lacked sufficient evidence of copyright infringement regarding the ‘Destiny 2 Hacks’. Bungie was allowed to amend its complaint, keeping the copyright dispute alive and moving towards trial.
The Arbitration Outcome
In an earlier development reported by Esports Legal News, Bungie secured a win against AimJunkies, with Judge Ronald Cox ruling in favor of the game developer on several counts, including DMCA anti-circumvention provisions and trafficking violations.
In 2022, several non-copyright complaints were referred to arbitration, including DMCA’s anti-circumvention provision violations. The arbitration, led by Judge Ronald Cox, concluded with Bungie winning nearly USD 4.4 million in damages and fees. The arbitrator found AimJunkies and James May, a third-party developer, guilty of bypassing Bungie’s technical protection measures, constituting a breach of the DMCA’s anti-circumvention provisions and trafficking in circumvention devices. The sole arbitrator held Phoenix Digital, the parent company of AimJunkies, responsible for May’s violations, describing them as “malicious.”
[UPDATE: Esports Legal News could obtain a copy of the award, which can be found at the end of this article.]
AimJunkies’ Challenge in the Court of Appeals
Disappointed by the arbitration outcome, AimJunkies is now challenging the decision in the Court of Appeals. Their argument hinges on the legality of cheating in computer games and the fairness of the arbitration process. They assert that the arbitration was biased, particularly criticizing the limited cross-examination of Bungie’s witness, Dr. Kaiser, whose testimony was pivotal in the arbitration decision.
The Current State and Future of the Legal Battle
The current appeal by AimJunkies questions the credibility of the arbitration process and the excessive damages awarded. They argue that the damages, which are significantly higher than their earnings from the cheat software, would bankrupt the individuals involved. The 44-page brief concludes that the arbitration rules were violated, and AimJunkies seeks to reverse the damages award.
Meanwhile, Bungie will have the opportunity to present its side in the Court of Appeals, and both parties are preparing for the upcoming trial on the copyright infringement claims. This legal battle, highlighting the complexities of copyright law, DMCA violations, and the ethics of cheating in gaming, continues to unfold, with significant implications for the gaming industry.
Image source: TorrentFreak
Bungie Inc v. Aimjunkies.com (2:21-cv-00811) District Court, W.D. Washington
Counsel to AimJunkies and Associated Parties
- Mann Law Group Pllc
- Philip P Mann
Counsel to Bungie Inc.
- Perkins Coie LLP
- Partner William C Rava, counsel Christian William Marcelo, and associate Jacob P Dini in Seattle
