Destiny 2 is regularly the target of cheating software and the Bungee studio multiplies the proceedings against companies that design and market this software.
In 2021, Bungee therefore initiated prosecution against the company Phoenix Digital Group (which operated websites used to distribute cheating software) and Planned Last, Phoenix Digital Group contract was in turn engaging in prosecution against Bungie-was lifted.
The two parties saffron ton several distinct but among the most significant points of law, Phoenix Digital Group argued in particular that cheating is not an illegal practice and that its activities should not be able to make the prosecution.
Affairs’s conclusions were expected insofar as a decision unfavorable to Bungee could have had significant legal consequences on struggles for struggles against cheating in video games.
More than $4.39 million in damages
The jurisdictional meanders of Affairs led before an arbitral tribunal which has just made its conclusions and the arbitral judge rules in favor of Bungee.
According to judge Ronald Cox, the evidence shows that the later of the cheating software has repeatedly bypassed the anti-trickered measures implemented by Bungee, in DMCA violation, the American legislation against computer hacking-the pirate is in particular
Banned repeatedly and has used bypassing means to overcome its suspension.
In total, the judge counts 102 bypasses and for each two, the software weary of a financial sanction of $2,500 dollars (a total of $255,000).
In addition, even if the software was not an employee of Phoenix Digital Group, the judge believes that the cheating software was designed to be marketed by the company Phoenix Digital.
Consequently, the responsibility of the company is also engaged.
And here again, the judge retains a financial sanction of $2,500 for each of the 1361 copies of the software sold-a penalty of a little more than $3.4 million.
To make a good measure, Phoenix Digital Group is sentenced to costs and will therefore have to cover the legal and procedure costs of Bungee, for an amount of more than $700,000.
In total, Phoenix Digital Group will therefore have to sac ride more than $4.39 million in damages from Bungee.
A decision that calls others
The amount may prove to be dissuasive in encounter of companies specializing in cheating software, but especially for the next Bungee procedures.
The development studio sap pus on the decision of the arbitral tribunal to thwart the arguments of Phoenix Digital Group: in another part of Affairs, the seller of cheating software argues in particular that Bungee himself violated the DMCA by proceeding to the reverse-engineering
cheating software to understand how it works and prevent its operation.
According to Bungee, the software being deemed illicit, Phoenix Digital Group should not be able to take advantage of the DMCA to protect the code.
The judges will have to decide Affairs in the current of Planned.
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