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Destiny 2 Twitch Streamer Hacking Lawsuit Granted Permission to Proceed, Court Confirms

A court has ruled that a lawsuit involving a Destiny 2 Twitch streamer and allegations of hacking can proceed. The streamer, who was a minor at the time, is accused of using hacks and evading account bans while streaming on Twitch, an Amazon-owned platform. While the judge determined that Bungie, the developer of Destiny 2, did not meet all the criteria for some counts, they granted Bungie the opportunity to revise its complaint. However, the judge agreed that the defendant, referred to as L.L. to protect their identity as a minor, failed to provide sufficient defenses against many of Bungie’s claims, which justified the denial of the defendant’s Motion to Dismiss.

L.L. allegedly live-streamed themselves using cheat software, creating new accounts in violation of Bungie’s terms of service, and even tweeted threats of ‘arson’ and ‘death’ directed at a Bungie employee. Furthermore, L.L. is accused of selling digital emblems on unauthorized third-party platforms.

Following the threats, Bungie took action in July 2022 by filing claims related to “unauthorized derivative work” through modding tools, violations of the Digital Millennium Copyright Act’s anti-circumvention provisions, and fraud under Bungie’s Limited Software License Agreement (LSLA). Bungie argued that L.L. created multiple accounts and agreed to the terms without any intention of following them.

In response, the defendant filed a motion to dismiss, claiming that cheating is not illegal and that they were merely mocking Bungie’s supposedly ineffective cheat prevention measures. Additionally, L.L. contended that, as a minor, they had the right to disaffirm any contracts as null and void within a reasonable time of reaching adulthood, and they claimed to have already done so.

Bungie consented to the dismissal of the claims related to the Limited Software License Agreement (LSLA) and subsequently amended its case to argue that without the license, the defendant engaged in copyright infringement each time they downloaded and played the game. In another filing, Bungie referenced a court case that addressed the legal aspects of circumventing technological measures providing access to copyrighted works.

In the recent ruling, the court dismissed Bungie’s breach of contract claims since the LSLA was considered void. However, the claims of fraud associated with the LSLA, based on the defendant’s alleged lack of intention to comply with the rules, were not dismissed.

The judge found Bungie’s copyright infringement claims persuasive regarding the defendant’s creation of unauthorized derivative works.

Regarding the anti-circumvention claims, the court allowed them to proceed as the defendant’s Motion to Dismiss interpreted the Digital Millennium Copyright Act (DMCA) in a narrow manner.

However, the court granted the defendant’s Motion to Dismiss the emblem sales. Bungie failed to establish all the necessary aspects of its claim under the Washington Consumer Protection Act, which requires the defendant’s conduct to be of public interest. Nonetheless, Bungie has the opportunity to amend its complaint to address this issue, as reported by TorrentFreak.

This represents another significant action taken by Bungie in its ongoing efforts to combat cheating and address hacking and cheating websites. Recently, Bungie obtained a default judgment of $12 million against a cheat maker. Additionally, the game development studio is involved in a major lawsuit against an individual accused of falsely implementing strikes against Bungie’s own channel and popular Destiny 2 YouTubers using the DMCA.

These cases serve as a clear indication that Bungie is an uncompromising force when it comes to addressing such misconduct, establishing a powerful precedent in the broader gaming community.

As Destiny 2’s 21st season approaches, players have a remaining window of opportunity to acquire the latest Destiny 2 Lightfall Exotics. Obtaining these items will ensure that players are suitably equipped for the upcoming multiplayer game’s exploration into the depths of Titan.

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