AimJunkies wanted to ban the word “cheat” in the legal dispute with Destiny 2, it sounds too much like cheating

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Cheating itself is not against the law. Thanks to Destiny 2, that could soon change, as Bungie is currently in a jury trial that could soon clarify this very question. But the word “cheat” should not be mentioned there, at AimJunkies’ request.

This legal dispute is about: Two years ago, Bungie filed a lawsuit in federal court in Seattle. AimJunkies and Phoenix Digital Group were accused of developing Destiny 2 cheating software that committed copyright and trademark violations.

  • Initially it seemed as if a quick agreement could be reached. However, the case developed into a lengthy legal battle.
  • Then, in July 2023, Bungie filed a motion for summary judgment to finally resolve the copyright infringement dispute.
  • However, the court rejected these requests because there is no clear evidence that game code was copied. Instead, it was ordered that a jury should now decide.

    • Why is the verdict so important? Cheating may be viewed as unethical and fraudulent, but it is difficult to prosecute criminally due to the lack of clear laws that explicitly criminalize such acts. And what is not criminally relevant is legal.

    But now that the legal battle between Bungie and AimJunkies is reaching a jury trial, it could become the first precedent on this issue.

    If the jury were to classify cheating and the offering of cheat software as a copyright infringement and therefore a criminal offense, the case would also point the way for future legal disputes in connection with cheating in other online games.

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    AimJunkies wanted to ban mention of “cheat”.

    AimJunkies wanted to prevent this: The cheat provider AimJunkies and thus the Phoenix Digital Group is probably one of the toughest opponents in Bungie’s ongoing proceedings.

    But the upcoming trial also seems to make AimJunkies uneasy. Particularly regarding the potentially negative connotations of the term “cheat” and “cheat software.” There was concern that this designation might influence the jury.

  • Both terms will automatically be associated with “fraud” by most people.
  • The words could give the impression that AimJunkies’ actions are legally impermissible despite the legal position to the contrary.

    • To avoid this, AimJunkies has requested that any mention of the terms “cheat” or “cheat software” be banned. However, this request was rejected.

    Destiny 2 wins 4 million euros lawsuit against cheat providers – sue the next person straight away

    This is how AimJunkies will defend itself before the jury: The cheat provider will claim to the jury in the trial that they only sold the software that was created by an unnamed third party.

    The software in question was created by parties other than the defendants. Defendants did not have access to the software that Bungie accuses them of copying, and no software created, developed, marketed, promoted, sold, or otherwise distributed by Defendants infringes Bungie’s copyright.

    AimJunkies’ lawyer states in a pre-trial statement

    What are Bungie’s chances? Bungie’s chances of success in this litigation depend on several factors. The central issue is the question of copyright infringement by AimJunkies.

    If the court concludes that AimJunkies violated copyright regulations, it will strengthen Bungie’s position. AimJunkies’ concern about the negative connotation of the term “cheating” could indicate possible repercussions to their reputation and positively impact Bungie’s chances.

    Ultimately, the jury’s decision depends solely on the interpretation of the evidence and the law. However, the arguments from both sides guarantee an exciting process overall. It is not yet possible to predict exactly when the decision will be made.

    Do you think the ruling could have a big impact on the gaming world? And what do you think of AimJunkies’ attempt to ban the mention of the terms “cheat” and “cheat software” in the process? Please leave us your opinion in the comments.

    Since the layoffs, Destiny 2 has been overrun by cheaters who are making PvP “borderline unplayable.”

    mmod-game