Bungie has been served up a bit at a loss this week ongoing legal war against scammers and sellers. On Wednesday, a federal judge dismissed Bungie’s copyright infringement claims against website AimJunkies but agreed with the cheat seller’s legal defense that the determination other non-brand claims by the publisher should bypass court and be settled through arbitration. However, this is not the end of the case.
As reported by TorrentFreakUS District Court Judge Thomas Zilly has sided with AimJunkies and his legal team and dismissed Bungie’s copyright infringement claims against the site after determination The manufacturer could not prove that AimJunkies had actually copied anything.
“Notably, Bungie has not presented any facts explaining how the cheat software constitutes an unauthorized copy of any of the copyrighted works identified in the complaint,” Judge Zilly wrote. “Bungie’s complaint must contain more than ‘formula enumeration of elements of a cause of action.'”
Bungie is allowed to fix its copyright claim and add more evidence, but at least the judge dismissed it outright for now.
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Judge Zilly similarly agreed with AimJunkies on many other claims in Bungie’s breach of contract, tortious influence and unjust enrichment lawsuit. The judge referred all non-trademark claims to arbitration, consistent with Bungie’s own license agreement. This agreement stated that apart from copyright and trademark disputes, all other legal disputes should be resolved through mandatory arbitration. Last year, AimJunkies argued against much of Bungie’s lawsuit, citing the agreement’s mandatory arbitration clause as part of their defense. Now it appears that Judge Zilly is siding with the scammer-sellers and proposing that both parties find an out-of-court settlement of the non-trademark and copyright disputes.
my box contacted Bungie about the recent firings and Judge Zilly’s decisions.
While AimJunkies might be happy with these verdicts and dismissals, the case isn’t over yet. Bungie’s claims that the website violated trademark rights were unaffected, with the judge agreeing that Bungie’s other allegations were “satisfactorily stated” and that the case could proceed based on the remaining allegations. These other claims include trademark infringement and claims of false origin.
AimJunkies is said to have told it TorrentFreak that it has not yet commented on the matter. However, the owner of the website stated that he is in the final stages of selling the company to a group of investors in Ukraine.
