In a landmark decision, a Destiny 2 player who was charged with malicious activities in the game, including cheating as well as the harassment of Bungie employees, is facing a staggering fine of $500,000. This unprecedented legal move has brought to light the seriousness with which game developers view breaches of their intellectual property and game integrity.
Over a year ago, Bungie, the developers behind Destiny 2, began pursuing legal action against this notorious player, an individual referred to in legal documents as “L.L.” but publicly identified as Luca Leone. He wasn’t just a common cheat; Leone took malevolence to another level. He not only disrupted the gaming experience for others but also harassed the Bungie staff on various platforms, including social media. It reached a point where he even threatened to burn down Bungie’s offices.
As detailed in a joint document discovered by TorrentFreak, an agreement was reached between lawyers representing both Bungie and Leone. The document highlighted that Leone had used cheat software in Destiny 2 “countless times,” estimated at a minimum of 100 acts of circumvention. Each of these acts was deemed worthy of a $2,000 fine. On top of this, Bungie sought $300,000 for copyright infringement, totaling the staggering sum of $500,000.
But the penalties don’t end with the financial implications. The gravity of Leone’s transgressions, especially his threats, led to the imposition of a restraining order. He’s been instructed not to come within 1000 feet of Bungie’s offices or the known residence of any Bungie employee, except when traveling on public roads without intent to harass or contact any employee. Furthermore, Leone has been permanently barred from engaging with any of Bungie’s games, including future titles such as Marathon.
Bungie’s decisive action in this instance is not an isolated event. Last year, the developer aggressively pursued lawsuits against cheat makers, even attempting to claim almost $14 million in damages from a group responsible for creating cheats. This rigorous stance against cheaters mirrors actions by other significant players in the gaming industry, such as Activision, Valve, Ubisoft, and Rockstar, who have also taken cheaters and cheat providers to court in defense of their properties.
However, an important nuance to remember is the specific nature of damages. In lawsuits, especially those related to copyrights, damages can’t be arbitrary. The plaintiff must present evidence of tangible damages. In this instance, Leone was reportedly not just using cheats for personal gains but was leveling up accounts with the intention to sell them. It was this commercial aspect that likely exacerbated the penalties. This commercial intent combined with threats and harassment made this case unique and particularly grievous.
Yet, while the case sets an example, it’s critical to note that this decision, made in a district court, does not necessarily set a precedent. Appellate level courts, rather than district courts, are the ones typically responsible for setting legal precedents. The U.S. court system is intricate, and misunderstandings are frequent.
Another perspective to consider is the distinction between modders who make cheats without profit motives and those like Leone who seek to commercialize these cheats. Most game companies have refrained from pursuing modders for personal use without any malicious intent or violation of copyrights. However, when someone not only cheats but also attempts to profit from it, threatens developers, and, in Leone’s case, even live-streams their cheating, the situation intensifies, demanding a more robust response.
In the world of online gaming, where fair play and respect for intellectual property are paramount, actions like Bungie’s against Luca Leone serve as a stark reminder. Players engaging in malicious activities, especially those trying to profit from cheats, should be wary. As for Leone, whether the full weight of the penalties will stand remains to be seen, as the final court decision is still pending.
