Support NeoGAF

[Banjo64]

Judge issues legal permaban, $500K judgment against serial Destiny 2 cheater

Restraining order also issued due to threats and harassment of Bungie employees.

arstechnica.com

Just over a year ago, Bungie went to court to try to stop a serial Destiny 2 cheater who had evaded multiple account bans and started publicly threatening Bungie employees. Now, that player has been ordered to pay $500,000 in copyright-based damages and cannot buy, play, or stream Bungie games in the future.

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 2and its expansions)

Leone also created new accounts to get around multiple ban attempts by Bungie and tried to "opt out" of the game's license agreement as a minor in an attempt to do a legal end run around Bungie's multiple account bans. This made each of Leone's subsequent Destiny 2 logins unlicensed violation of Bungie's copyright, according to the judge's order, which tacks on $2,000 in damages for each of "at least 100" such logins.

Go away and don’t come back​

The judge's order in this case also includes what could be the most extreme permaban in gaming history. Leone is prohibited from "obtaining, downloading, copying, playing, streaming, or otherwise interacting with Bungie’s games" going forward, as well as from possessing and/or promoting any cheat software associated with the game. Leone is also prohibited from buying or selling Bungie accounts and emblems and must halt his use of URLs and websites associated with that illicit business.

​

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."

​

Beyond the cheating, Leone's case also included disturbing accusations of threats and stalking against Bungie employees, including Bungie Community Manager Dylan Gaffner. To prevent that kind of harassment in the future, Leone won't be allowed to come within 1,000 feet of Bungie's offices or the known address of any Bungie employee and is explicitly enjoined from such harassment in the future.

Lawsuits against individual cheaters are relatively rare except in extreme circumstances like those in this case. But Bungie has had a fair deal of success using copyright law as a legal cudgel against the makers of the cheats themselves. While a judge dismissed one such case against cheat maker AimJunkies last year, Bungie has since been awarded $12 million, $13.5 million, $6.7 million, and $16.2 million in damages in four separate copyright-based judgments against cheat makers.

 

[HTK]

Good. Entire gaming industry should have a legal fund for cheat makers and go after them.

 

[StreetsofBeige]

I'm all for it.

White collar crime usually is a slap on the wrist. Thats why cheating, piracy, or stores selling DVD knock off back in the day was so rampant. Nobody seems to care and it happens so much its impossible to crowd control it. But just because it's impossible to control it doesn't mean nothing should happen and it becomes a free for all of stupidity forever.

 

[RaZoR No1]

best case of kick bann block

 

[fart town usa]

What a dork. Imagine going to those lengths to cheat in a game.

 

[Atrus]

That’s the dream scenario.

Detect a cheater, publicly identify them, and ban them from ever playing your games under threat of $500K fines.

I can’t imagine the mentality of needing to cheat so badly and so persistently that they’d threaten employees and risk $500K fines.

 

[BrunoCoel]

Good. Entire gaming industry should have a legal fund for cheat makers and go after them.

Yeah. We really need legal fund for the world issues that really matter.

 

[Pelta88]

$500K in the hole all because he couldn't get good.

 

[Skifi28]

Change your gender & name and do it all over again. It's life's reset button.

 

[StreetsofBeige]

What a dork. Imagine going to those lengths to cheat in a game.

It goes beyond cheating. Bad thing is there's no jail time. And have fun trying to get $500,000 out of him. IMO, the best way to punish rampant wackos is to always add jail time since there is no guarantee the person will even pay the fine. At least if prison is added, the person suffers at minimum a time and freedom penalty no matter what.


Beyond the cheating, Leone's case also included disturbing accusations of threats and stalking against Bungie employees, including Bungie Community Manager Dylan Gaffner. To prevent that kind of harassment in the future, Leone won't be allowed to come within 1,000 feet of Bungie's offices or the known address of any Bungie employee and is explicitly enjoined from such harassment in the future.

 

[Salty Popsicle]

Cheater after receiving the verdict...

 

[Ogbert]

This guy sounds like a riskrunner.

 

[Robb]

Sounds like a maniac in the making, cheating is one thing but then he also had to stalk and threaten employees?

 

[Shubh_C63]

This guy sounds like a riskrunner.

He invited the Vigilance Wing over him.
And now he will lose some Sweet Business.

 

[Kaleinc]

TLDR
If you use mods they can grab you by the balls for copyright infringement too
cause

creates an "unauthorized derivative work"

 

[TheInfamousKira]

That's one to frame and put on the wall.

 

[Tsaki]

"Bungie has since been awarded $12 million, $13.5 million, $6.7 million, and $16.2 million in damages in four separate copyright-based judgments against cheat makers."
lmao they could make a nice AA game from that

 

[Miles708]

I totally get the fine for harassing bungie employees.

I don't get the fine, of any monetary value, over cheating. Ban him and be done with it. It's a  game. It's entertainment, it's not (and it should never be) that important.

 

[NickFire]

I think the permanent injunction and damages (fines) for creating cheat software are well deserved. The damages / fines for creating new accounts and somehow violating copyrights that way sounds a little extreme though. Not that I really care, because screw cheaters who harass people for now allowing cheaters.

 

[ShadyAcshuns]

Yeah. We really need legal fund for the world issues that really matter.

Go join an activist party irl if you feel like it and leave the gaming here to us, please.

 

[AJUMP23]

I think the person deserved what he got, but I don't know how this precedence will affect people down the line.

 

[StereoVsn]

I totally get the fine for harassing bungie employees.

I don't get the fine, of any monetary value, over cheating. Ban him and be done with it. It's a  game. It's entertainment, it's not (and it should never be) that important.

Copyright claim enforcement against what essentially is in memory data manipulation is ridiculous.

The stalking/threatening part sure, that's understandable that it requires legal intervention, but cheating, fuck that . People need to stop standing for giant corporations

 

[Kataploom]

I totally get the fine for harassing bungie employees.

I don't get the fine, of any monetary value, over cheating. Ban him and be done with it. It's a  game. It's entertainment, it's not (and it should never be) that important.

Cheating in an online game can lead to business bankrupt

 

[Miles708]

Cheating in an online game can lead to business bankrupt

Then ban the cheater. Maybe fix your netcode too while you're at it.
Don't financially ruin someone over playing wrong a videogame.

 

[ZoukGalaxy]

GOOD

Cheater found a solution

 

[sono]

What in the world

 

[Gamer_By_Proxy]

ehhh, imo being fined for cheating is like being arrested for free speech. Devs should view it as a white hat hack and fix their shit.

 

[Kataploom]

Then ban the cheater. Maybe fix your netcode too while you're at it.
Don't financially ruin someone over playing wrong a videogame.

You know no software is free of bugs or loopholes? Devs do as much as they can to keep things under control, it's not a matter of will and wishes, they already do.

If some people are cheating and that makes your players fly away to other games because the situation grew so much out of your hands your business can literally fuck up, people get fired, entire families lose income, investment on a legitimate business get lost while criminal groups business that sell these programs grow up... but hey, let's not harm poor cheaters because oh no, they just wanted to get fun... let's also say the same to dumb teenagers stealing parents cars to compete in street racing or stealing guns just too busy with their friends, oh no they just wanted to get fun, boys will be boys and whatnot...

People must be accountable for their actions, is they don't want to get punished, they better get civilized ffs

 

[Keihart]

big corpo won, yay

 

[Miles708]

You know no software is free of bugs or loopholes? Devs do as much as they can to keep things under control, it's not a matter of will and wishes, they already do.

If some people are cheating and that makes your players fly away to other games because the situation grew so much out of your hands your business can literally fuck up, people get fired, entire families lose income, investment on a legitimate business get lost while criminal groups business that sell these programs grow up... but hey, let's not harm poor cheaters because oh no, they just wanted to get fun... let's also say the same to dumb teenagers stealing parents cars to compete in street racing or stealing guns just too busy with their friends, oh no they just wanted to get fun, boys will be boys and whatnot...

People must be accountable for their actions, is they don't want to get punished, they better get civilized ffs

I still think there's a big disparity between the crime (cheating at a videogame) and the punishment (financially ruining someone likely for their entire life).
I get all software has bugs but that's also why it has support, no? To fix them.
Also online gaming is nothing new anymore, you must take chearters into account while making one and if one cheater can ruin your entire game maybe there are big problems in the software that needs to be taken care of.

Again, just to reiterate, i'm totally OK with the fine for harassing and i assume this right here it's an extreme case that's been taken care of by extreme measures. I get it.
Still, as a general way of thinking, the thought of being fined for gaming wrong still sounds ridiculous to me.

 

[Kataploom]

I still think there's a big disparity between the crime (cheating at a videogame) and the punishment (financially ruining someone likely for their entire life).
I get all software has bugs but that's also why it has support, no? To fix them.
Also online gaming is nothing new anymore, you must take chearters into account while making one and if one cheater can ruin your entire game maybe there are big problems in the software that needs to be taken care of.

Again, just to reiterate, i'm totally OK with the fine for harassing and i assume this right here it's an extreme case that's been taken care of by extreme measures. I get it.
Still, as a general way of thinking, the thought of being fined for gaming wrong still sounds ridiculous to me.

One thing is to cheat in a game and the other is when it's a bigger problem, not only groups of people trying to cheat, but also reiterating constantly after being banned and providing cheats for others to do the same, nobody should fined for using wall hack in Warzone once, the thing is the magnitude of it imo

 

[knguyen]

That piece of shit crossed the line when he made public thread toward Bungie Employees. I cheated for fun sometimes with single player games, but cheat online? that's just down right pathetic and selfish.

 

[Brigandier]

Threatening and stalking Bungie staff.... Fucking dick crossed the line with that shit, Sounds like he needs mental evaluation.

 

[BrunoCoel]

Go join an activist party irl if you feel like it and leave the gaming here to us, please.

Don’t worry. You will get all the gaming!

 

[BlackTron]

Git gud or you will meet your Destiny.

 

[Sleepwalker]

There was a similar wacko in the FIFA community, he got banned for life on every EA game and barred for streaming or engaging in the content.

He was threathening live on stream to burn down the offices in vancouver and harrassing individual employees in front of 10k+ people. Then cried and apologized then went back to vitriol when it didnt work.

 

[Bojji]

I still think there's a big disparity between the crime (cheating at a videogame) and the punishment (financially ruining someone likely for their entire life).
I get all software has bugs but that's also why it has support, no? To fix them.
Also online gaming is nothing new anymore, you must take chearters into account while making one and if one cheater can ruin your entire game maybe there are big problems in the software that needs to be taken care of.

Again, just to reiterate, i'm totally OK with the fine for harassing and i assume this right here it's an extreme case that's been taken care of by extreme measures. I get it.
Still, as a general way of thinking, the thought of being fined for gaming wrong still sounds ridiculous to me.

Yeah, it's stupid as fuck.

Cheating is idiotic and complete waste of time but if someone wants to do that then fine but game developers/publishers should be able to ban such people easily. Nothing more, nothing less.

But 500k fine for that? Fuck...

I assume financial fine is for cheating only, he should be punished for all other mentioned actions.

 

[Ceadeus]

What a huge loser. It's so much money he might never recover from that. How stupid you got to be to fuck up your life for a video game. That's one of the dumbest thing I've ever read.

 

[Puscifer]

That’s the dream scenario.

Detect a cheater, publicly identify them, and ban them from ever playing your games under threat of $500K fines.

I can’t imagine the mentality of needing to cheat so badly and so persistently that they’d threaten employees and risk $500K fines.

I think it's also because this is hot off the other harasser lawsuit who did shit like time a pizza delivery and calling a moderator to say he was outside. There's some crazy shit going on with the D2 community, man

 

[HTK]

Yeah. We really need legal fund for the world issues that really matter.

No. There are other funds for that stay on topic.

 

[StreetsofBeige]

For those of you who dont think game cheaters should be punished except for a ban, what's your view on hackers and malware just goofing around messing with your PC? And I dont mean any serious. Most arent.

Should nothing happen to these shady people because at the end of the day nothing really happened except needing to run a virus protector and solve the issue yourself in 60 seconds? Who cares, the guy who wrote the code is just goofing around right?

 

[Cyberpunkd]

He was (or still is) a minor.

Welcome to adult life.

 

[Soodanim]

Copyright claim enforcement against what essentially is in memory data manipulation is ridiculous.

The stalking/threatening part sure, that's understandable that it requires legal intervention, but cheating, fuck that . People need to stop standing for giant corporations

I think people are overlooking this important point. That is precedent you really don't want set.

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 judge somehow was convinced that injected code made it an unauthorised derivative work. That's not justice. That seems more like a judge who doesn't have a clue being manipulated into doing whatever expensive lawyers want.

The rest of it? Throw the book at him, whatever, don't care.

 

[The Pleasure]

Judge issues legal permaban, $500K judgment against serial Destiny 2 cheater

Restraining order also issued due to threats and harassment of Bungie employees.

arstechnica.com

Looks like SenjutsuSage is causing his financial terrorism again.

 

[Pegasus Actual]

The legal reasoning seems sus and dangerous.

 

[rofif]

Was it in a paid tournament?
No. Who cares. It’s just a game bro.

And this conviction is nuts

 

[StereoVsn]

I think people are overlooking this important point. That is precedent you really don't want set.


The judge somehow was convinced that injected code made it an unauthorised derivative work. That's not justice. That seems more like a judge who doesn't have a clue being manipulated into doing whatever expensive lawyers want.

The rest of it? Throw the book at him, whatever, don't care.

Yep, that's what I was basically talking about. This is pretty dangerous.

Theoretically something like Cheat Tables or WeMod could be infringing. So next time you try increase XP gain in AC (Single Player) when they are pushing their shop XP boosts... you could be liable and so would WeMod.

And thats just one example. The whole thing is crazy and unfortunately won't be challenged in Appeals Court in this case.

 

[baphomet]

Not surprising that nearly everyone in here is missing the hugely negative impact the ruling has on gaming.

 

[GymWolf]

500k fine for cheating in a vg? Was the judge a nintendo employee by any chance?

 

[DaGwaphics]

Damn, and all for the ability to "win" in a game even though he knew he wasn't really "winning". I've never gotten the appeal of cheating in multi-player.