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The studio said in March that it was investigating a series of copyright takedowns on YouTube that had not originated from the company or its partners.
Later that month it filed a lawsuit claiming that John Does had used “a hole in YouTube’s DMCA-process security” to impersonate the studio and sabotage the work of Destiny content creators.
Destiny 2 ViDoc: Light in the Darkness
Last December the YouTube channel of Lord Nazo was issued a takedown notice after publishing music from the original soundtrack for Destiny expansion The Taken King, which Bungie said infringed copyrights and violated its policy on fan use of intellectual property.
Rather than remove the video, Minor is alleged to have left it online until YouTube deleted it in January.
Bungie claims that, seemingly in retaliation, Minor created fake Gmail accounts in order to pose as the studio’s brand protection vendor CSC and send out a wave of fraudulent takedown notices targeting videos posted by members of the Destiny community including My Name is Byf, Aztecross, The Phoenix, and Promethean.
“This case arises out of Nick Minor’s malicious campaign to serve fraudulent takedown notices to some of the most prominent and passionate members of that fanbase, purportedly on Bungie’s behalf, in apparent retaliation for Bungie enforcing its copyrights against material Minor uploaded to his own YouTube channel,” the lawsuit alleges.
It adds: “Using the confusion engendered by his own false DMCA notices, Minor also sent a counternotification to YouTube, specifically challenging Bungie’s identification of his videos as infringing based on the idea that the notifications may have been part of his own wave of fraudulent takedowns.”
The Destiny maker claims it is “entitled to damages and injunctive relief, including enhanced statutory damages of $150,000 for each of the works implicated in the Fraudulent Takedown Notice that willfully infringed Bungie’s registered copyrights, totaling $7,650,000”.
Aside from relief related to copyright infringement, Bungie is seeking “damages in an amount to be proven at trial” related to allegations of defamation, breach of contract, and violation of the Washington Consumer Protection Act.
Bungie recently settled a lawsuit that will see a Destiny 2 cheat company pay it $13.5 million in damages.
Sony announced in January that it intends to purchase Halo and Destiny creator Bungie in a deal worth $3.6 billion.