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Prolific Destiny 2 cheat seller AimJunkies has been denied a retrial by a US judge. Sued for $4.3 million, the Destiny 2 cheaters have failed to convince judges to grant them favour.
Destiny 2 cheaters denied
Sued back in May, AimJunkies are ordered to pay Destiny developer Bungie $4.3 million in damages in an arbitration award.
Via TorrentFreak, the Destiny 2 cheaters attempted to file a dispute within the Court of Appeals. However, The Seattle District Court has refused to overturn the existing verdict.
During the May verdict, Bungie won the lawsuit on the basis of copyright infringement. However, the cheat sellers argued that, since they didn’t modify existing game code, they didn’t breach copyright.
For “direct, vicarious, and contributory copyright infringement”, the cheat sellers were also fined the amount they earned from selling cheats: $63,210.
Following the request for a retrial, it was determined that AimJunkies was ineligible. As the team agreed within the trial that the cheats they sold affected the game’s “audiovisual” output, they had infringed upon copyright. The retrial request claimed that the arbitration relied too heavily on Bungie’s witness, Dr. Kaiser, which has been rejected.
Judge’s comments
In a response to the cheat sellers, the Ninth Circuit Court stated that the arbitration didn’t stop the Destiny 2 cheaters from challenging the witness. However, they simply didn’t choose to do so.
“AimJunkies’ counsel could have tried to rephrase its question, question Dr. Kaiser about his transcripts, or read Dr. Kaiser’s transcripts into the record to impeach Dr. Kaiser. AimJunkies’ counsel did not attempt to do so,” the court said.
“Instead, counsel abandoned the line of questioning entirely. This in no way amounts to an error […], especially not an error that was ‘in bad faith or so gross as to amount to affirmative misconduct’ […] and thus deprived the parties of a ‘fundamentally fair’ hearing.”
As it stands, AimJunkies’ future doesn’t seem too bright, and future Destiny 2 cheat sellers should err on the side of caution.
For more Destiny 2, check out our interview with Bungie about the creation of Echoes Act 3. On the other hand, check out why player counts are plummeting in the MMOFPS game.
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