In context: It’s never been a secret that multiplayer game development studios aren’t massive fans of hackers. Both studios and cheat makers are locked in a perpetual arms race, with both sides gaining only temporary advantages before eventually being thwarted by another. Seeking a far more permanent treatment for a few of its cheater woes, Bungie this past year leveled case against hack creator AimJunkies. However, AimJunkies hasn’t taken the suit prone — in response, the suit’s defendants have filed a counterclaim accusing Bungie of hacking them.
If you are scratching your mind in confusion, here’s some clarity: whenever we say hacking, we don’t imply that several Bungie developers hopped right into a Destiny 2 PvP lobby with the AimJunkies team and collectively started up aimbot. AimJunkies is accusing Bungie of hacking the personal machine of 1 of its associates: James May.
In accordance with May and evidence contained within AimJunkies’ countersuit, Bungie accessed his machine many times between 2019 and 2021. May believes this takes its violation of the Computer Fraud and Abuse Act. The CFAA is really a little bit of US legislation that has been first enacted in 1986. Its primary directive would be to prohibit intentional entry right into a computer system without authorization or ‘in more than authorization.’ The legislation has seen several amendments through the years, each designed to address the rapid advancement of computing technology and the implications this advancement is wearing security.
The wording of the legislation places much emphasis on a particular class of “protected” computers, particularly those utilized by finance institutions or the government. However, the CFAA is utilized a lot more broadly than that.
At the very least, along with by using this alleged usage of read his system data and personal files, Could also claims that Bungie used it to conduct surveillance on other employees working at AimJunkies’ parent company Phoenix Digital.
Although Bungie’s current user agreement does let it scan its players’ machines to detect cheat software, that has been not necessarily the case. In accordance with a counterclaim filed by May, the version of Bungie’s ‘Limited Software License Agreement’ he signed through the periods the developer accessed his machine didn’t contain any language authorizing this intrusion.
The CFAA argument isn’t the only person May and co attended armed with. After dodging a DMCA argument itself in the initial suit filed by Bungie, Phoenix Digital has turned the tables and claimed that it’s, actually, Bungie which has run afoul of DMCA legislation.
Phoenix Digital’s user-facing TOS and the DMCA contain language preventing software reverse engineering, yet that’s just what the business says Bungie did in cases like this. In accordance with Phoenix Digital, a person operating beneath the alias “Martin Zeniu”) reverse-engineered and decompiled among the company’s Destiny 2 hacking products after investing in a license (and therefore agreeing to its terms).
It remains to be observed which side will ultimately win out here. We certainly aren’t equipped to create any legal judgments here, but it’s probably safe to state that case isn’t as clear-cut as it might seem. Nonetheless, we’ll keep you updated on the problem if any major developments emerged.