LAWYER LOOKS | AimJunkies Accuses Bungie of Destiny 2 Computer Fraud (VL718)

Key Points

• Aim Junkies has filed counterclaims against Bungie, asserting that Bungie's actions, such as accessing personal files on an individual's computer without authorization, could be considered unauthorized access and theft of computer data under the law.
• The legal distinction between contractual covenants and license conditions is central to the argument, with Aim Junkies citing the MDY Industries LLC v. Blizzard Entertainment Inc. case to claim that breaches of license terms are not inherently acts of copyright infringement.
• The Galoob Toys Inc. v. Nintendo of America Inc. case is referenced to argue that using software to enhance a player's performance does not create a derivative work or infringe copyright, though this may not fully apply due to the distinction between permanent modifications and ephemeral changes, and the impact on other players in a multiplayer environment.