Bungie Inc v. Aimjunkies.com
2:21-cv-00811
W.D. Wash.May 31, 2024Background
- Bungie, Inc., a video game developer, sued Phoenix Digital Group LLC and individual defendants for copyright infringement involving "Destiny 2."
- Phoenix Digital and James May filed various counterclaims, including breach of contract and violations of the Computer Fraud and Abuse Act (CFAA) and the Digital Millennium Copyright Act (DMCA) against Bungie.
- Summary judgment was granted in favor of Bungie on all major counterclaims (breach of contract, CFAA, DMCA), while Bungie voluntarily withdrew its own trademark-related claims.
- A jury found in Bungie’s favor on the copyright infringement claim.
- The court issued monetary judgments against all defendants, ordered destruction of infringing copies of Destiny 2, and issued a permanent injunction against further infringement.
- The court awarded both prejudgment and postjudgment interest and directed the parties to raise objections to the proposed judgment, if any, by June 10, 2024.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Copyright Infringement | Defendants infringed Bungie's copyrights via unauthorized use/derivatives of Destiny 2. | No actionable infringement; argued for judgment as a matter of law. | Jury found for Bungie; court denied defense JMOL. |
| Breach of Contract Counterclaim | Bungie did not breach contract with Phoenix Digital. | Bungie breached an agreement with Phoenix Digital. | Summary judgment for Bungie; counterclaim dismissed. |
| CFAA Counterclaims | No CFAA violation against May. | Bungie accessed computers without authorization. | Summary judgment for Bungie; claims dismissed. |
| DMCA Counterclaims | No DMCA violation by Bungie. | Bungie violated DMCA restrictions. | DMCA counterclaims dismissed with prejudice. |
Key Cases Cited
- Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (2000) (standard for judging a motion for judgment as a matter of law; all reasonable inferences to non-moving party)
- Polar Bear Prods., Inc. v. Timex Corp., 384 F.3d 700 (9th Cir. 2004) (discretionary award of prejudgment interest in copyright cases)
- Blankenship v. Liberty Life Assur. Co. of Boston, 486 F.3d 620 (9th Cir. 2007) (setting interest rates for prejudgment interest)