Cheating in a video game is not illegal. No one can prosecute us for using cheats, even if it goes against the game’s terms of service. Of course, they can prevent us from playing if they catch us, but not much more. Something that may change in the near future, as Bungie has started the week by going to court against cheaters. Something that we still don’t know how it will end.
In 2021, Bungie sued AimJunkies, a distributor of cheating software in video games. In turn, AimJunkies countersued Bungie in 2022, accusing Bungie of illegally accessing their computer and infringing their copyrighted material. In 2023, part of the accusation was concluded through arbitration, with Bungie winning $4.3 million in the process. AimJunkies did not accept this and appealed the arbitration decision, accusing them of disregarding certain rules when making that decision.
This means they will go to trial starting this week. Something that will be the first lawsuit related to cheating in video games to go to trial. Does it have any potential? That is the question. The arbitration determined that AimJunkies violated the Digital Millennium Copyright Act, so there is a possibility that Bungie will win. The reason is that the Digital Millennium Copyright Act has anti-circumvention rules and by bypassing Bungie’s security measures and trafficking in software designed to circumvent those measures, AimJunkies would have violated this law.
Of course, the clarity of this situation is, at the very least, doubtful. Phoenix Digital, owner of AimJunkies, has stated that since they did not create this software, they cannot be accused of anything. Especially when cheating in a video game is not illegal. Something that makes the outcome of this trial questionable.
Although they will have to resolve the appeal in the future, this trial will resolve the question of whether cheating is a violation of copyright. If Bungie wins, there is a possibility that cheating may become legally punishable. If AimJunkies wins, it is expected that no one else will seek to bring these issues to court. So, whatever the outcome, things are going to change in the gaming industry for a while. Just in time for their new expansion.
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