The Destiny 2 cheat seller AimJunkies, which was sued by Bungie last year, is now countersuing the company for hacking and DMCA violations. AimJunkies claims that Bungie illegally accessed one of its computers to gather supporting evidence for its own suit against them.
Bungie originally filed a complaint in federal court last year, accusing AimJunkies of creating Destiny 2 cheat software as well as copyright and trademark infringement. AimJunkies got off lightly earlier this year when a US judge partially sided with the company, stating that Bungie’s original complaint didn’t provide sufficient evidence that any copyrights were infringed.
The story escalated when Bungie amended the complaint, adding more copyright infringement details including the names of several people involved in AimJunkies, including James May, who was allegedly one of the third-party cheat developers.
As reported by TorrentFreak, AimJunkies is now countersuing Bungie by claiming that the company had illegally accessed May’s computer in the hopes of gathering more supporting evidence for the lawsuit. AimJunkies also claims that Bungie had violated the Digital Millennium Copyright Act (DMCA) by essentially circumnavigating the protection measures on its own cheat software.
Back in 2019, May signed the Limited Software License Agreement (LSLA) which doesn’t allow Bungie to access any of the developer’s files. This agreement is now the crux of AimJunkies’ countersue, which reads, “The LSLA in effect at all relevant times does not provide Bungie, Inc. with authorization to surreptitiously access files on Mr May’s personal computer and/or download information from those files without the direct knowledge and express authorization of Mr May.”
AimJunkies took it one step further by claiming that Bungie had violated the Computer Fraud and Abuse Act by accessing May’s computer and obtaining information unknowingly – which many might view as hacking:
“Upon information and belief, Bungie, Inc., after fraudulently accessing Mr. May’s personal computer, used the information obtained in order to conduct further surveillance on parties that include, but are not limited to, Phoenix Digital and its principals.”
The rabbit hole continues as AimJunkies also believes that Bungie violated the Phoenix Digital cheat software terms of service by obtaining a license under the alias “Martin Zeniu” and then reverse engineering the program in order to gather more evidence on the case.
As of writing, May and Phoenix Digital are seeking undisclosed damages.