Bungie is set to lose a little bit this week at Ongoing legal war against Cheat makers and sellers. On Wednesday, a federal judge dismissed Bungie’s copyright infringement claims against AimJunkies while agreeing to the fraudulent seller’s legal defense that Saucepan Publisher’s other non-trademark claims shall bypass court and be resolved by arbitration. However, this is not the end of the case.
As I mentioned TorrentFreakUS District Judge Thomas Zelley sided with AimJunkies and its legal team and Denying Bungie’s Copyright Claims Against the site after Saucepan Maker failed to show that AimJunkies had actually copied anything.
“It is noteworthy that Bungie has not defended any facts explaining how the cheat software constitutes an unauthorized copy of any of the copyrighted works identified in the complaint,” Judge Zilly wrote. Bungie’s complaint must contain more than a “formal recitation of the elements of the cause of action.”
Bungie will be allowed to fix its copyright claim and add more evidence, but at least for now the judge has rejected it outright.
Judge Zilly similarly agreed with AimJunkies regarding several other allegations in Bungie’s lawsuit relating to breach of contract, harmful interference, and wrongful enrichment. The judge referred all non-trademark claims to arbitration, which complies with Bungie License Agreement. This agreement clarifies that, apart from copyright and trademark disputes, all other legal disputes must be resolved by mandatory arbitration. Last year, AimJunkies argued against much of Bungie’s lawsuit and cited the agreement’s mandatory arbitration clause as part of its defense. Now, Judge Zilly appears to be standing with the cheat sellers, proposing that both parties find a solution to their non-trademark and copyright disputes out of court.
Kotaku I contacted Bungie about recent dismissals and Judge Zilly’s decisions.
However, while AimJunkies may be pleased with these rulings and dismissals, the case is far from over. Bungie’s claims that the site infringed trademark laws remain untouched, with a judge agreeing that Bungie’s other accusations are “sufficiently stated” and that the case can proceed based on the remaining allegations. These other allegations include trademark infringement and false claims of origin.
He reportedly said AimJunkies TorrentFreak He has not commented on the matter yet. However, the owner of the site explained that they are in the final stages of selling the company to a group of investors in Ukraine.