Destiny 2 Cheat Maker Asking for New Trial, Claims Bungie Failed to Provide Evidence They Copied Source Code

by Alex Co July 14, 2024 2:43 pm in News

With how games are big business these days, it’s almost inevitable that an online game will somehow be infested with cheaters regardless if it’s a free-to-play game or a premium title. Cheat makers will try to peddle their wares to gamers who have no conscience in ruining other people’s gaming experience just to gain an advantage. One of the games plagued with cheaters is Bungie’s Destiny 2.

Fortunately, the studio has fought back against these cheat makers, though one seems to want tussle in the court room yet again. Cheat maker Aimjunkies, who lost a jury trial in May, is asking for a new trial. According to the company, Bungie has failed to provide compelling evidence that they (Aimjunkies) copied parts of Destiny 2’s source code stating that Bungie’s experts didn’t actually looked at it in the first place.

There’s a lot to take in here, but here are bits of it where Aimjunkies’ legal counsel pokes holes at Bungie’s defendants’ claims.

2.The Evidence At Trial

At trial, Bungie called three witnesses to provide expert testimony, namely Dr.Edward Kaiser, Mr. Steven Guris and Mr. Drew Voth. In addition, Bungie called each of theindividual Defendants, Messrs. Schaefer, Green, Conway and May, as adverse witnesses.Significantly, only one of these witnesses, Dr. Kaiser, purported to provide any evidence whatsoever of “copying.”

Initially, neither Mr. Guris nor Mr. Voth even pretended to opine that any of the defendants engaged in copyright infringement. In particular, Mr. Guris admitted numerous times he was never even asked to opine as to whether the “Cheat Software” at issue in the case infringed any Bungie copyright. In particular, Mr. Guris testified at trial as follows:

Q. Now, the question I have for you is, it’s a fact that you’ve never actuallyseen the cheat software itself, correct?

A. Physically in my hands? No, sir, that is correct. I’ve never seen the cheat software.

Q. And you’ve never actually operated the cheat software, have you?

A. No, sir

Q. You never saw the source code for the cheat software, have you?

A. No, sir.

Q. You’ve never seen the object code for the cheat software, correct?

A. That’s correct

Q. So if I ask you to point to the substantial similarities between the sourcecode for the cheat software and the Destiny 2game, you would be unable to do that?

A. Having never seen the source code for either, no sir.

Q. And same question: You haven’t seen the object code either, correct?

A. No, sir

Q. So, again, you can’t testify that there’s substantial similarities between the object code of the cheat software and Destiny 2 game, correct?

A. I don’t believe I’ve been asked to, sir. Correct.

The filing mentions that what Bungie’s experts never reviewed the actual cheat software but only a “loader” that was obtained from a third-party and not from any of the defendants.

As someone who’s vehemently against any form of cheating in online games, I really, really hope this doesn’t go anywhere. I mean, outside of the cheat makers earning money, I fail to see how this benefits anyone in the Destiny 2 community at all.

[Court filing via Game File (subscription required)]

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Alex Co

Father, gamer, games media vet, writer of words, killer of noobs.