Veteran, LaviCheats and Elite Boss TechnologyDomains maintained by software developers fraud About the game Destiny 2agreed to pay $13.5 million (R$69.58 million) to production company Bungie, which sued them in August 2021.
“fraud“, in the present context, is the name of a program that modifies the system parts of a game to provide automated benefits to those who download it. In practice, these benefits can be of a variety of properties, ranging from automatic sights for shooters, Ammo or unlimited energy; until private content is posted or at the time of purchase.
The lawsuit filed by Bungie alleges three pages of paper held by Elite Boss Tech and 11020781 Canada Inc. – all owned by a certain Robert James Duthie Nelson – plus a series of unnamed “defendants” for violating or violating copyright law (in the United States, by Digital Millennium Copyright Actor “DMCA” for short), in addition to other crimes such as extortion, fraud, money laundering and violations Computer Fraud and Abuse Act.
As of August last year, both parties were determined to file a case for trial, and the defense of the website involved argued that no matter whether the development of cheating software brought strategic benefits in the game, it should not be copied. Destiny 2 Was illegally traded, and no legislation was abused because “cheating is not piracy”.
On the other hand, Bungie argues that the benefits of cheating Gameplay online nature games like this Destiny 2: Due to the fact that many players in the same battle did not participate in the plot, some users destroyed the experience and gained advantages from time to time. In turn, Bungie was “forced” to develop various “defense mechanisms” that would cost the company “hundreds of millions of dollars.”
However, the defendants unexpectedly accepted a settlement recently offered by the prosecution for the aforementioned amounts and admitted that their software “read and tampered with” their proprietary source code. Destiny 2which constitutes a violation of private property.
In addition, Nelson was forced to admit in court that the breach was premeditated, intentional, and that its creation “violated the technical measures Bungie uses to control access to its games, thereby violating the DMCA’s anti-piracy laws.” .
The compensation amount takes into account the number of people who downloaded the cheat program (6,765 downloads), multiplied by the amount of the individual fine per download under DMCA Section 1201: not less than $200 (Reais 1,030.78) and not more than $2000 (10,307.84) Real). In doing so, all other charges (money laundering, racketeering, etc.) were dropped and the defendant escaped jail time.
Finally, defendants may not “create, distribute, or otherwise make available” any cheating software that violates Bungie’s proprietary code, not just Destiny 2. This also applies to anyone affiliated with Nelson and any of Bungie’s companies or partners. Bungie – Worth remembering: PlayStation owner Sony acquired Bungie in January 2022.
For third parties, companies that provide hosting or domain registration services will be legally obligated to terminate their services to the Defendant if it is found that the Defendant has provided any content that violates the guidelines set forth in the agreement. In practice, they would not be able to produce software for this purpose, nor deal with cases, let alone disclose or promote any tool of a similar nature, even if made by someone else.
Based on the order of the process, the guidelines listed are of global value and “are not related to geographic scope”. In other words, the order is still in effect if they move to another country.
Bungie did not comment on the decision.
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