A Destiny 2 Twitch streamer hacking lawsuit can go forward, a court has determined, after the player allegedly showed themselves using hacks and circumventing account bans in the FPS game while streaming on the popular Amazon-owned platform. Although the judge in the Washington court ruled Bungie hadn’t met the criteria for some counts and granted an opportunity for the Destiny 2 developer to amend its complaint, it agreed that the defendant, who was a minor at the time they allegedly committed the offences, failed to raise adequate defences against many of Bungie’s claims that would warrant the defendant’s Motion to Dismiss.
The defendant, known simply as L.L. due to his status as a minor at the time of the actions, allegedly streamed himself using cheat software, making new accounts in violation of Bungie’s terms of service, and eventually tweeted threats of ‘arson’ and ‘death’ alongside the name of a Bungie employee. L.L. also allegedly sold digital emblems on third-party platforms without authorisation.
Prompted by the threats, Bungie moved into action in July 2022, filing claims related to “unauthorised derivative work” via modding tools, violations of the DMCA’s anti-circumvention provisions, and fraud under Bungie’s Limited Software License Agreement (LSLA) due to L.L.’s multiple account creations agreeing to the terms without any intent to follow them.
The defendant sought a motion to dismiss, claiming that cheating is not unlawful and that the teen was apparently making fun of Bungie’s supposedly ineffective cheat prevention mechanisms. L.L. also contended that, as a minor, they had a right to disaffirm any contracts as null and void within a reasonable time of becoming an adult and that they had already done
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