US District Court Judge Thomas Zilly has dismissed complaint from cheat provider AimJunkies against Destiny 2 developer Bungie on the grounds that AimJunkies has failed to prove that Bungie illegally accessed the personal laptop of one of the company’s managers, James May, which was the main argument in their countersuit filed back in September, according to TorrentFreak.
AimJunkies owner Phoenix Digital Group then argued that Bungie broke Destiny 2’s Limited Software License Agreement and the Digital Millennium Copyright Act’s anti-circumvention provisions by hacking into May’s laptop between 2019 and 2021.
Per the report:
“May has failed to sufficiently allege that Bungie accessed his personal computer and files without authorisation,” the ruling said. “To support his allegation that Bungie accessed his personal computer, May relies on a document that Bungie purportedly produced during discovery in this matter.
“May, however, does not explain what this document is or how it evidences instances in which Bungie allegedly accessed his computer without authorisation and downloaded his personal information.”
“Importantly, neither May nor Phoenix Digital allege that Bungie accessed any copyrighted work. Further, Phoenix Digital has not pleaded any facts to support that its ‘loader software’ was protected by a technological measure.”
While the dismissal is certainly a blow to AimJunkies, they could still re-file the countersuit with some amendments.
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