Bungie has emerged victorious in a groundbreaking jury trial against Phoenix Digital, also known as AimJunkies, a prominent cheat maker for Destiny 2. The jury awarded Bungie $63,210 in damages, a relatively small amount for the gaming giant, but the legal precedent set by this case is significant for the industry.
The lawsuit was first reported by independent journalist and former Kotaku editor-in-chief Stephen Totilo. This case marks the first time a game developer has taken a cheat maker to a jury trial. While developers have sued cheat makers before, these cases usually end in settlements. This time, however, Phoenix Digital counter-sued, claiming Bungie illegally accessed one of their computers.
The core legal argument centered on copyright infringement, with Bungie asserting that reverse engineering their game to create cheats violates their copyright. Phoenix Digital’s counterclaim alleged that Bungie’s actions in accessing their systems were also a copyright violation. Bungie defended their actions as part of their anti-cheat measures, covered under Destiny 2’s End User License Agreement (EULA).
Despite the modest monetary award, the jury’s decision reinforces the legal strategy used by Bungie and other developers like Riot Games in combating cheats through copyright law. This victory is expected to make it easier for game companies to take legal action against cheat makers in the future.
Phoenix Digital has expressed their intention to dismiss the verdict or appeal the decision. However, given the track record of similar legal battles, their chances of success appear slim.
This case highlights the ongoing tension between developers and cheat makers and raises concerns about the broader implications of using copyright law to regulate game modifications. While this decision may not immediately threaten modders or emulator developers, it underscores the increasing consolidation of copyright law in favor of large corporations.
