The countersuit claims Bungie violated DMCA.
Destiny 2

Cheat maker and provider AimJunkies has filed a countersuit against Destiny 2 developer Bungie. This is just the latest step in a long-running legal battle between Bungie and cheat producers such as AimJunkies. This particular tale began in 2021 when Bungie filed a copyright infringement lawsuit against AimJunkies.

That lawsuit was dismissed just this April. The ruling judge said that Bungie had failed to prove AimJunkies infringed on the studio's copyrights and trademarks. Bungie has since re-filed the lawsuit with additional supporting details.

Following Bungie's re-filing of the suit, AimJunkies issued several subpoenas to try to take action against Bungie. AimJunkies asked the judge of this new lawsuit to dismiss it, but the request was denied.

Now, parent company for AimJunkies, Phoenix Digital Group, has filed its own lawsuit against Bungie. TorrenFreak's report says that Phoenix Digital Group claims Bungie broke the law by hacking into the laptop of one James May, a manager at Phoenix Digital Group. The company claims that the hacking of the laptop occurred between 2019 and 2021. Phoenix Digital Group also claims that Bungie violated DMCA by circumventing the protection measures included with the cheats.

At the heart of the lawsuit against Bungie is with the Limited Software License Agreement (LSLA). AimJunkies and their parent company say that when James May agreed to the LSLA in the fall of 2019, the LSLA did not give Bungie the rights to access a player's computer for anti-cheat purposes. That LSLA has since been updated that does give Bungie the right to do just that.

"The LSLA in effect at all relevant times does not provide Bungie, Inc. with authorization to surreptitiously access files on Mr. May’s personal computer and/or download information from those files without the direct knowledge and express authorization of Mr. May," the countersuit clarifies.
This countersuit says that despite this permission being omitted from the earlier LSLA, Bungie still accessed May's computer several times between 2019 and 2021. Phoenix Digital Group says that in doing so, Bungie allegedly violated the Computer Fraud and Abuse Act, an action that could be considered "hacking."

Taking a page from Bungie's own book, Phoenix Digital Group also alleges that Bungie broke AimJunkies' terms of service. May and Phoenix Digital Group are seeking compensation and a stop to unauthorized computer access and DMCA violations.