Court finds that Destiny 2 cheat seller infringed copyright in landmark case

A jury has found that Destiny 2 cheat seller AimJunkies infringed on the game’s copyright and trademarks.

Last year a judge concluded that AimJunkies had to pay Bungie more than $4.3 million, after Bungie filed a complaint in June 2021 suing AimJunkies and its parent company Phoenix Digital for copyright infringement.

Bungie’s complaint was partially dismissed in April 2022, after a Seattle federal court said Bungie hadn’t sufficiently explained how cheat software constituted an unauthorised copy of its work.

However, it did refer to arbitration the other claims that weren’t related to copyright, most notably claims that the software violated the DMCA’s anti-circumvention provision. This is what led to the $4.3 million penalty.

Now, in a separate case focused primarily on the previously dismissed copyright side of the argument, a Seattle jury has found that AimJunkies, its website’s operating company Phoenix Digital Group and third-party developer James May were all liable for copyright infringement.

A total of $63,210 now has to be paid to Bungie by Phoenix Digital, AimJunkies and James May, as reported by TorrentFreak.

May also made a counterclaim, saying Bungie “circumvented technological measures” and claiming it hacked his computer. The jury did not agree, and decided against May.

This is the first trial in US history where a cheat seller has been found liable for copyright infringement, setting a potential precedent for other cheat software.

Speaking to Game File reporter Stephen Totilo, Bungie’s lawyer James Barker said: “We are grateful for the diligence, professionalism, and care exercised by the Judge, his staff, and the Jury.

“We’re committed to our players and will continue to protect them against cheats, including taking this and future cases all the way to trial.”