It may be the first time a jury has decided that cheating software violates a game company’s copyrights.
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A jury found on Friday that Phoenix Digital, which owns the cheat mod site AimJunkies, is guilty of violating Bungie copyrights when it created cheats for Destiny 2, reported Stephen Totilo, who has written about Bungie’s cheating lawsuits for Axios. The landmark decision may be the first time a jury has agreed that a cheat creator violated a gaming company’s copyrights.
Yesterday’s jury decision awarded Bungie (PDF) a tidy sum of $63,210. Bungie counsel James Barker said in a statement emailed to The Verge that the company is “committed to our players and will continue to protect them against cheats, including taking this and future cases all the way to trial.”
In 2021, Bungie sued AimJunkies and four defendants (here’s a PDF of the complaint), alleging, among other things, that they hacked Destiny 2 to copy the code used to make cheats. Some of Bungie’s complaints — like that AimJunkies violated a DMCA provision forbidding circumvention of copyright protection tech — went to arbitration and saw Bungie winning $4 million. AimJunkies appealed after the judge confirmed that award. That appeal is still in process, as Polygon wrote this week.
Phoenix Digital founder David Schaefer will move to dismiss the jury’s verdict and appeal it if necessary, according to Totilo. However that shakes out, the verdict is significant, given that cheating lawsuits tend to conclude in other ways, like settlements. (For example, a judge shut down a Grand Theft Auto cheat distributor in 2018 following a Take-Two Interactive lawsuit, or when Bungie settled another cheating lawsuit in 2022 for $13.5 million.)
The win may only mean pocket change for Bungie, and it won’t likely put an end to online cheating, but it does put a jury on record about the legality of creating such cheats. That makes this more significant than the pocket-change-for-Bungie $63,000 award lets on.
