For something like cheating and streaming your exploits on Twitch, it makes sense for a suit like this. Bungie’s reputation would suffer even more due to his audience being much more likely to seek out cheating tools, to associate the game with cheating, and to spread both those pieces of information themselves.
In a case where the damages are real and not contrived, copyright feels a bit more legit.
$500k feels extreme, though, even in this case. Is this based off real sales, stock prices, or back of the napkin math? Maybe mark it down to his scale of income. So they have $100 million in annual ebitda (and excluding any funny business like stock buybacks) and he makes $50k before taxes but after living expenses. That $500k is worth 1/600th of their annual income and so should be 1/600th of his: $250. Multiply that by as much as 10 due to the severity of his actions (or divide by as much as 10) and you’ve got $2500 in damages. Much more reasonable.
Bit rough going the opposite way, but fair’s fair.
[Very sarcasm] It’s nice that copyright just means a copyright holder gets to do literally anything they want as long as a relevant work is involved. Wouldn’t want anyone to get away with any kind of local modification, tinkering, tweaking an old piece of software to work in a modern environment, some forms of modding… All obviously reprehensible violations of a wank gesture, eyeroll Copyright Holder’s right to control distribution of their work!
IP law is so fucking vile, and yet proves it can continually get even worse :|
Edit to preempt, just in case: Also, no I don’t need another bullshit lecture on how “IP law isn’t a real thing, it refers to separate segments of law blah-blah-blah” but somehow can’t be used as a term because some wankstain feels like being condescending.
This is the best summary I could come up with:
In a consent judgment that has apparently been agreed to by both sides of the lawsuit (as dug up by TorrentFreak), district court judge Richard Jones agrees with Bungie’s claim that defendant Luca Leone’s use of cheat software constitutes “copyright infringement” of Destiny 2.
Specifically, the cheat software’s “graphical overlay” and use of “inject[ed] code” creates an “unauthorized derivative work” that violates federal copyright law.
The judgment imposes damages of $150,000 for violations on each of the two infringed works (seemingly encompassing Destiny 2 and its expansions)
More than that, though, the judge issued a sweeping order requiring Leone to “disable, remove, or otherwise shut down any social network, video sharing, or digital messaging accounts under his control” that were dedicated to the promotion or discussion of his previous infringement.
Leone will still be able to use personal social media accounts but is warned against posting any content “connected to the use and proliferation of cheating software.”
But Bungie has had a fair deal of success using copyright law as a legal cudgel against the makers of the cheats themselves.
The original article contains 294 words, the summary contains 180 words. Saved 39%. I’m a bot and I’m open source!
I just hope “injected code” and “overlays” don’t become somehow actually illegal because of these rulings because there are plenty of valid uses too.
I’m curious what uses you have in mind–anything that’s an online competitive (i.e., you compete against other players–doesn’t need to be esports sweaty) game I don’t think there’s a strong case for allowing injected code, since that’s an avenue for gaining an unfair advantage and thereby worsening other players’ enjoyment, and anything offline I can’t see it being worth a company’s time and money to prosecute.
Well Nintendo are very litigious they already DMCA’ed a Zelda Breath of the Wild multiplayer mod. (As in it made the single player game multiplayer)
I really wouldn’t want them to have more power to hurt their fans.
The solution is to not be a Nintendo fan.
No, seriously. You support their draconic practices by buying their games.
This. Nintendo is one of the least ethical videogame companies out there. Even when they come up with something new and innovative, it’s so locked down you’re better off waiting to play someone else’s copycat of it.
Destiny 2 isn’t really online competitive for starters.