Earlier this month (June 9) Elite Boss Tech owner Robert James Duthie Nelson and other defendants, agreed that their cheating software injects third-party code into Bungie’s copyrighted code which constitutes “unauthorised, derivative work.”
They admitted they did this wilfully. According to court documents (via Torrentfreak), the cheat software was downloaded 6765 times, with every download a separate infringement earning the defendants a £1588 ($2000) fine.
As part of this agreement, the cheat makers had to agree to never create or distribute any kind of software that infringes upon Bungie’s copyrighted works again.
“This permanent injunction is binding against Defendants worldwide, without regard to the territorial scope of the specific intellectual property rights asserted in the Complaint and may be enforced in any court of competent jurisdiction wherever Defendants or their assets may be found,” the motion reads.
“Any violations of this order by Defendants will subject them to the full scope of this Court’s contempt authority, including punitive, coercive, and monetary sanctions.”
In April, Bungie had its legal case against cheat site AimJunkies dismissed.
“Notably, Bungie has not pleaded any facts explaining how the cheat software constitutes an unauthorized copy of any of the copyrighted works identified in the complaint. Bungie’s complaint must contain more than a ‘formulaic recitation of the elements of a cause of action’,” wrote Judge Zilly.
It’s one of many lawsuits Bungie currently has active, with the studio teaming up with Ubisoft to file a suit against one subscription-based site that’s apparently cost them “millions”.