Monday, November 29, 2021

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Cheat Seller AimJunkies Accuses Destiny 2 Creator Bungie of "Sharp Practices"
Ernesto Van der Sar, 29 Nov 12:58 PM

aimjunkiesA small minority of gamers have the urge to artificially boost their skills and egos by using hacks and cheats.

These players generally ruin the fun for the rest, which is a serious concern for game companies.

To address this issue, several game companies including Take-Two Interactive and Epic Games, have taken cheaters to court. More recently, American video game developer Bungie joined in on the action.

Bungie is known for the Halo and Destiny series, which have millions of fans around the world. The popularity of these games also attracts cheaters, including those who used the 'Destiny 2 Hacks' suite that was for sale at AimJunkies.com.

Bungie Sued AimJunkies

In a complaint filed at a Seattle federal court last June, Bungie accused AimJunkies.com of copyright and trademark infringement, among other things. The same accusations were also made against Phoenix Digital Group, the alleged creators of the software.

"The cheats directly harm other players, who may quit playing because of them. This hurts the image of the game directly and could lead to a decrease in sales. At the same time, the cheaters get in-game rewards, without really earning them," Bungie wrote.

The "Destiny 2 Hacks" listing was swiftly pulled from the AimJunkies site but an archived copy of the page remains available.

destiny 2 cheat

Months have now passed since the complaint was filed and the defendants have yet to file a response in court. This deadline was extended twice, as the parties indicated they were engaged in constructive settlement discussions.

Settlement Discussions & Default

The most recent extension ended two weeks ago but no response was filed. So, despite the settlement discussions, Bungie asked the court to enter a default. If granted, that would allow Bungie to continue the case without the opposition being heard.

"Defendants had until November 15, 2021 to answer or otherwise respond to the Complaint. The time for answering the Complaint has now expired, and Defendants have not appeared or answered or otherwise responded to the Complaint," Bungie informed the court.

The defendants indeed failed to file a response to the complaint in time, as the court required. However, Bungie's request came as a total surprise to the defendants, who believed that both parties were still trying to resolve the matter and financial compensation had been offered to Bungie.

'Sharp Practices'

Despite the ongoing negotiations, Bungie requested a default, 'seemingly' out of the blue. The defense attorney classifies this as "sharp practices" and asked the court to set this request aside.

"The latest settlement terms were exchanged between the parties on November 16, 2021, including a viable monetary component addressing Plaintiff's alleged 'damages', but still Plaintiff saw fit, just three days later and without notice, to attempt a default against Defendants in this Court.

"These sharp practices by Bungie, Inc. and its counsel should not be countenanced by the Court," the defendants' attorney adds.

Technically Bungie hasn't done anything wrong, as the defendants indeed failed to reply in time. However, AimJunkies note that the delay on their part was due to the fact that they had to retain an attorney to represent them at the Seattle federal court. They only managed to do so recently.

Now that the defendants have the proper legal representation they promise to answer the complaint and submit a potential cross-complaint. However, in order to do so, they request a three-week extension, so they can get all the paperwork in order.

A copy of Bungie's motion for an entry of default is available here (pdf), and the response from Aimjunkies and the other defendants can be found here (pdf)

From: TF, for the latest news on copyright battles, piracy and more.

"The Pirate Bay Can't Be Stopped ," Co-Founder Says
Ernesto Van der Sar, 28 Nov 01:10 PM

pirate bay logoThis year, The Pirate Bay officially reached adulthood, which is quite an achievement considering the immense legal pressure it has faced over the years.

The site was launched in 2003 under the wings of the now-disbanded pro-culture organization "Piratbyrån", which is Swedish for Bureau of Piracy.

The group was formed by political activists and hackers in the same year. By then, many of the members had already launched other web projects challenging political, moral, and power structures. The Pirate Bay fitted this category and became a synonym for file-sharing in the following years.

The site remains online today but it's not without scars. Swedish police tried to shut the site down twice, raiding dozens of servers. This ultimate goal failed but local authorities did prosecute the site's three co-founders, who all served time in prison for their involvement.

This week the Swedish news site M3 ran a piece on TPB, bringing together some key players from the Pirate Bay trial. On one side there's entertainment industry lawyer Monique Wadsted, who represented Hollywood, and Pirate Bay co-founder Peter Sunde chimed in as well.

No Regrets

The piece doesn't go deep into detail but it shows that the entertainment industry lawyer doesn't regret going after the site and its founders, despite the mixed result. When Wadsted was asked whether it was worth the time and money, she replied with "Absolutely!"

"Even though it was the American film companies that paid for my work, that work benefited all the authors and copyright holders. This is a very important but often forgotten aspect," Wadsted told M3.

Reading between the lines it's clear that Wadsted hasn't developed any sympathy for the pirate movement over the years. While companies such as Spotify and Netflix have publicly admitted that piracy was seen as both competition and inspiration, the lawyer doesn't believe TPB should get much credit.

"It is a cultivated myth that we would not have any streaming services for music, film and TV series if Pirate Bay did not exist. Those who claim it do not understand how technology development works. For example, it was not a pirate movement that forced the development of smartphones," Wadsted noted.

That last comment is a bit confusing as streaming services were around before smartphones. When Spotify and Netflix launched, smartphones were not a thing yet, and the iPhone had yet to launch.

That said, The Pirate Bay can't be credited for all technological revolutions but many people believe that piracy has helped to speed up the development of legal services. Spotify reportedly built its first content library with pirated music, and Napster's rise motivated the music industry to team up with iTunes.

Paving The Way

Pirate Bay co-founder Peter Sunde also believes that file-sharing paved the way for legal streaming services.

"File-sharing has definitely helped the rise of services like Spotify and Netflix," Sunde told M3, noting that this wasn't what the Pirate Bay team envisioned. Instead, they wanted to move the power back from large companies to individual artists.

Today, creators arguably have more control, but the entertainment industry is still dominated by major media companies. With the rise of legal options, piracy is less of an issue in the Western world, but it remains very relevant elsewhere.

"I constantly meet people all over the world who tell me how important it has been (and is) for them to have access to materials. People who otherwise could not have the profession they have or who have learned the language and culture," Sunde said.

The fight to 'free' culture came at a steep price for Pirate Bay's former spokesman, who distanced himself from the site many years ago. Following the trial, he was sentenced to an 8-month prison sentence of which five were served.

Stopping The Pirate Bay?

After more than two decades have passed The Pirate Bay still remains the go-to pirate site for many people. This also means that efforts to stop it will continue.

Wadsted highlights that a lot of progress has already been made. Site-blocking efforts make the site harder to reach in many countries, and advertising blocklists make it more difficult for the current operators to monetize it. And with a lack of revenue, some site operators will eventually choose to abandon ship.

For now, however, The Pirate Bay remains online and Peter Sunde doesn't expect that the copyright lobby can bring it to its knees. "Pirate Bay has a life of its own and can not be stopped," he said.

Speaking with TorrentFreak Sunde clarifies that the site may eventually go away. He previously argued that shutting it down may be for the best. However, it won't be outsiders that take it down.

"The only way for it to die is if people running it grow tired and try to kill it off. There's no power from the movie or tech companies that can affect that," Sunde tells us.

It's impossible to predict The Pirate Bay's future but history has indeed shown that it's quite resilient. That said, it wouldn't be a surprise if the site is pushed further into the dark web during the years to come.

From: TF, for the latest news on copyright battles, piracy and more.

 
 
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