A judge has dismissed a Destiny 2 cheat maker's attempts to countersue Bungie for allegedly hacking a private computer and breaking the terms of service of the cheats it sells, with the judge essentially telling the company to come back and prove its claims.
AimJunkies, which proudly sells "cheats and mods that give a user an improved experience and an advantage" for dozens of games, countersued Bungie in September for allegedly falling afoul of the Computer Fraud and Abuse Act and conducting "unauthorized and clandestine surveillance of private records."
As TorrentFreak spotted, a new court document signed by judge Thomas Zilly categorically dismisses AimJunkies claims of computer fraud and abuse, anti-circumvention, and breach of contract. The court notes that defendant James May, an individual within AimJunkies, "has not sufficiently pleaded the requisite loss necessary to pursue a [Computer Fraud and Abuse Act] action," which specifies a loss of $5,000 or more.
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"Moreover, May has failed to sufficiently allege that Bungie accessed his personal computer and files without authorization," the document continues. "To support his allegation that Bungie accessed his personal computer, May relies on a document that Bungie purportedly produced during discovery in this matter. May, however, does not explain what this document is or how it evidences instances in which Bungie allegedly accessed his computer without authorization and downloaded his personal information."
The rest of the dismissals read very similarly. The court states AimJunkies parent Phoenix Digital "has not sufficiently pleaded damages" resulting from the alleged breach of contract. Regarding anti-circumvention claims, the court adds: "Further, Phoenix Digital has not pleaded any facts to support that its 'loader software' was protected by a technological measure. Instead, Phoenix Digital merely recites this element of the cause of action."
All that being said, the court has given May and Phoenix Digital time to amend their claims. The defendants have until November 21 to file amended claims; if things stay the way they are, this case may end up like Bungie's previous lawsuits against cheaters and lead to a settlement.
Bungie lawyers clearly maintain that suing cheaters is "good business."
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