Bungie has suffered a setback in its bid to punish a group of cheaters who sold “hacks” for Destiny 2.
A court has dimissed much of Bungie’s legal action against cheat site AimJunkies, in which it had alleged copyright and trademark infringement, as well as breach of contract, “tortious interference” and “unjust enrichment” (thanks, TorrentFreak).
AimJunkies had argued back and said its cheating software was its own work, not a copy of Bungie’s code. The Destiny developer’s other claims, it continued, should also be kept out of court per clauses in Bungie’s own user license agreement. Now, a US judge has largely agreed.
“Notably, Bungie has not pleaded any facts explaining how the cheat software constitutes an unauthorised copy of any of the copyrighted works identified in the complaint,” US District Court Judge Thomas Zilly ruled. “Bungie’s complaint must contain more than a ‘formulaic recitation of the elements of a cause of action’.”
Zilly also agreed on the issue of Bungie’s other claims which can be settled outside of court.
It wasn’t a complete win for AimJunkies, however. The group – which had advertised its wares using the phrase “Destiny 2 Hacks” were still liable for breach of trademark. This avenue can still go ahead in court, Zilly said. And while other matters may now be handled elsewhere, these may still involve further penalties.
We’ve contacted Bungie for comment.