Bungie has finally won its lawsuit against Aimjunkies/Phoenix Digital, a company that made cheats for games like Destiny 2. The case initially saw Bungie sue the companies for terms of service, but the case took a wild turn after the accused turned around and countersued Bungie.
Game File journalist Stephen Totilo broke the story, revealing Bungie’s win, which amounts to $63,210 in damages. The real win, though, is the precedent this case sets. Other devs can now point to a case where a jury has voted in favor of a game developer regarding cheats being made for their games.
Though the win was in Bungie’s favor, the case wasn’t without its twists. James May, who Bungie alleged it caught reverse-engineering Destiny 2 to make cheats, claimed that he didn’t infringe Bungie’s copyright. Instead, he claimed Bungie infringed his by snooping on his computer. In reality, Bungie has the right, as per Destiny 2‘s terms of service, to use certain methods to detect if you’re using cheat software.
Following the loss, Phoenix Digital founder David Schaefer insists he’s going to fight this decision. His first move will be a move to dismiss the verdict, followed by an appeal if that fails.
Landmark Destiny 2 cheating lawsuit isn’t the first of its kind – and it won’t be the last
While this case might be the first of its kind that a jury has voted on, it’s not the first time a game developer or publisher has won a lawsuit against companies making cheats. As pointed out by Totilo in a separate Twitter/X post, “Game companies have been getting default rulings against cheat-makers for years, often with giant, multi-million-$ awards. This was the rare case where cheat-makers pushed back, said their actions weren’t illegal and it was left for a jury to decide.”
Bungie, who says it has spent millions directly combatting cheats in Destiny 2 and has received numerous complaints about in-game cheats over the years, has been battling Aimjunkies/Phoenix Digital since mid-2021. The developer sued for $65,000, which is how much it estimated Aimjunkies made from Destiny 2 cheats, but that’s nothing compared to the millions spent on anti-cheat measures.
The outcome of this case is likely to have reaching implications about how such a lawsuit can be applied in the future. Because this was a jury trial, it can be considered precedent for saying that such cheats infringe on a developer or publisher’s copyright.
Bungie has been fighting cheaters for years but cheats inevitably pop up once a game is popular enough, aiming to give those willing to pay an unfair edge.
With Destiny 2 set to receive much less support in terms of new content once The Final Shape has been released, you have to wonder if Bungie will put the energy and money into a lawsuit like this again. Regardless, it’s a good note to end the game’s legal journey on if that’s what this is.
