After filing a lawsuit before Fate 2 Developer Bungie vs. AimJunkies, the cheat manufacturer is now fighting back. James May from AimJunkies Claims Bungie Violated Fate 2His terms of service hacked his computer to obtain evidence used in the lawsuit against him. While the game’s current terms of service include a clause allowing Bungie to search profiles for evidence of cheating, the 2019 version (which it would have approved in May) did not. The claim a counterclaim Bungie couldn’t have obtained the evidence it used to bring the lawsuit without access to the defendant’s personal files.
Ironically, the counterclaim also alleges that Bungie violated the terms of service for AimJunkies products. These Terms of Service state that users are not permitted to “modify, hack, decompile, disassemble, reverse engineer, derive source code, or create derivative works from our software.”
Positive anti-suit defenses also refer to Lewis Galoob Toys, Inc. against Nintendo of America. AimJunkies refers to this case as creating a precedent that “As a matter of law, using software on a game player’s computer to improve a player’s performance of a game does not unlawfully create a ‘derivative work’ or infringe copyright.” It remains to be seen whether AimJunkies could have made that connection in court, but it’s worth noting that the Galoob line of Game Genie hardware was very different from the cheat software AimJunkies sells. Galoob products have had no effect on the experience of anyone other than the user, while cheating in games like Fate 2 It has an impact on many, many others.
It will be interesting to see how this case goes! Cheats have been a major source of frustration for developers as well as gamers over the past few years. Companies like Bungie have found great success in these types of lawsuits, but it’s unclear how this could happen, given the allegations outlined in the counterclaim. AimJunkies is seeking a jury trial in connection with her allegations against Fate 2 Developer.
Are you frustrated because there are cheaters in online games like Fate 2? What do you think of this anti-suit? Tell us in the comments or share your thoughts directly on Twitter at Tweet embed To talk about all things gaming!
[H/T: Games Radar, Kotaku]
.
[ad_2]
