A Destiny 2 Twitch streamer hacking lawsuit can proceed, as determined by a court, after the player allegedly used hacks and evaded account bans in the FPS game while streaming on Amazon-owned platform, Twitch. While the Washington judge ruled Bungie failed to meet the criteria for certain counts and granted an opportunity for the Destiny 2 developer to amend its complaint, it agreed that the defendant, who was a minor at the time of the alleged offences, failed to provide adequate defences against many of Bungie’s claims, which warranted the defendant’s Motion to Dismiss.
The defendant, identified only as L.L., allegedly streamed himself using cheat software, creating new accounts in violation of Bungie’s terms of service, and making threats against a Bungie employee. L.L. also allegedly sold digital emblems on third-party platforms without authorisation.
Following the threats, Bungie acted in July 2022, filing claims related to violations of the DMCA’s anti-circumvention provisions, fraud under Bungie’s Limited Software License Agreement (LSLA), and “unauthorised derivative work” via modding tools due to L.L.’s multiple account creations and agreement to the terms without any intent to abide by them.
The defendant attempted a Motion to Dismiss, claiming that cheating was not illegal and that the teen was mocking Bungie’s cheat prevention mechanisms. L.L. also argued that as a minor, he had the right to nullify any contracts within a reasonable time of becoming an adult, which he had already done.
After allowing the dismissal of the LSLA claims, Bungie revised its case to assert that L.L. engaged in copyright infringement every time he downloaded and played the game without the license agreement in place. Bungie pointed to a previous case that addressed the law on circumventing technological measures that provide access to copyrighted works.
The court dismissed Bungie’s breach of contract allegations as the LSLA was considered void. However, fraud claims related to the LSLA due to L.L.’s alleged lack of intention to abide by the terms were not dismissed. The judge found Bungie’s copyright infringement allegations persuasive regarding the unauthorised derivative works claim.
The judge also ruled that anti-circumvention claims could proceed as the defendant’s Motion to Dismiss read too narrowly of the DMCA. Regarding the emblem sales, the court granted L.L.’s Motion to Dismiss as Bungie failed to prove that the defendant’s conduct was “of public interest.” However, Bungie may amend its complaint to address this.
Bungie has taken several steps to penalise cheaters and confront hacking and cheating sites, such as a $12 million judgement against a cheat maker in a default judgment and a lawsuit against a person who allegedly falsely implemented strikes against Bungie’s channel and some popular Destiny 2 YouTubers via the DMCA.
These cases demonstrate that Bungie takes wrongdoing seriously and sets a strong precedent within the gaming community. With Destiny 2 season 21 approaching, players still have an opportunity to acquire the latest Lightfall Exotics and be prepared for the multiplayer game’s next season.
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Eugen Boglaru is an AI aficionado covering the fascinating and rapidly advancing field of Artificial Intelligence. From machine learning breakthroughs to ethical considerations, Eugen provides readers with a deep dive into the world of AI, demystifying complex concepts and exploring the transformative impact of intelligent technologies.