Destiny 2 DMCA Revenge Plot now sues Bungie for $ 7.6 million

Concept art for Destiny 1 shows a Guardian using sun magic to repel enemies.

Picture: Bungie

A series of junk DMCA removal notifications Fate 2 contents on YouTube earlier this year has now ballooned into one lawsuits of $ 7.6 million, while Bungie goes after the alleged perpetrator in court. In addition, some Fate 2 Content creators now say they feel “betrayed” after the person who was apparently responsible denied this during private Discord chats with them. “I feel lied to, betrayed and incredibly upset that someone we knew and trusted would do this,” he wrote. Fate music remixer Owen Spence on Twitter. “Literally almost all Destiny music on YouTube is gone because of this.”

There’s a lot to unpack, and it starts when a bunch of YouTube videos, including some of Bungie’s own, was hit by DMCA alerts for removal in March this year. Bungie announced that the alerts were fraudulent, and weeks later he took the matter to court in an attempt to get Google to reveal the identity of the person responsible. As Bungie pointed out at the time, part of the reason why fraudulent removal alerts could escalate was because YouTube’s copyright system is opaque and difficult to navigate (Bungie went through customer service and did not resolve the issue for days). Months later, the studio now says one Fate 2 player named Nick Minor, who goes by Lord Nazo on YouTube, is the one who is allegedly responsible based on personal data obtained from Google on June 10.

Minor and Bungie did not immediately respond to a request for comment.

“This case arises because of Nick Minor’s malicious campaign to send false removal messages to some of the most prominent and passionate members of that fan base, allegedly on behalf of Bungie, in apparent retaliation for Bungie’s copyright infringement against material Minor uploaded. to its own YouTube channel, “the company wrote in a new lawsuit filed June 22 in the U.S. Western District Court of Washington.

Bungie claims that Minor ripped music for Destiny: The Taken King and Destiny 2: The Witch Queen directly from the company’s official soundtrack, and then uploaded them to YouTube. Despite repeated warnings about removal, Minor put the music on, which eventually resulted in YouTube disabling Minor’s channel completely. According to Bungie, this is when Minor started pretending to be a third-party agency it uses to enforce its copyright protection called CSC Global by using fake gmail addresses similar to the company’s own.

Apparently in retaliation for the removals against his own channel, Minor is then said to have issued fraudulent removals against 96 other videos, including some of the apparent reciprocal of him in the rest of the video. Fate YouTube music scene. Bungie also accuses Minor of using the smoke screen for suspicion that was kicked up by his demolition operation to sow distrust of Fate community, and counterclaim the legitimate removal notices against his channel.

“Extremely disappointed to find out that Lord Nazo, our friend and someone in direct communication with us about the removals, was the person who issued the fake DMCA takedowns ‘on behalf of’ Bungie,” Owen Spence, who orchestrates remixes of Fate 2 music, wrote on Twitter yesterday. “[Minor] lied to us, started a Discord group DM with me, Promethean, Breshi and Lorcan0c, and then said things like this, while behaving as if he were a victim. “

The alleged Discord chat logs show Minor who explains in March how easy it is to submit fraudulent removal notices and suggests that the culprit is someone who is abusing YouTube’s system. ONE screenshot of old tweetsmeanwhile, seems to show Minor writing to Fate 2the community leader at about the same time as his channel was mistakenly caught in the tear-off operation, despite the fact that he was allegedly the one behind it. During this time, he also posted manifestos criticizing YouTube’s copyright removal guidelines.

As Bungie says in his case, Fate 2 is a live service game that thrives in part as a result of the player community on other social platforms such as Twitch, YouTube, Twitter and Reddit. One area of ​​community content is music, including looped tracks, remixes, re-orchestrations and fan covers. Spence contrasts what Minor did – uploading official soundtrack rips directly and then looping them with small audio edits – with preservation attempts based on in-game recordings as well as more transformative works (although it’s not clear if Bungie agrees with this difference) . However, as a result of Minor’s apparent actions, many in the latter group have also been deleted from YouTube.

As an example, the YouTube channel Promethean, Archival Mind uploaded music while playing the game. While a few of these still exist, as First Disciple raid boss battle, many others were deleted during removal to avoid losing the entire channel. While there are offline backups, Promethean wrote in a March update on YouTube that they would get pre-approval from Bungie directly before proceeding with future projects. On Twitter yesterday, they simply go wrote“Well … it’s a twist I did not see coming …”

“[Minor’s] The decision was ultimately a terrible attempt to draw attention to a problem that resulted in ruining what he cared about, Promethan said. Kotaku in a Twitter DM. They also said that there is still an “ongoing dialogue” with Bungie about what kind of Destiny music can be uploaded to YouTube in the future.

Bungie also does not take the alleged offenses lightly. The studio seeks “damages and injunctions” over what they say is financial damage and reputational damage as a result of the incident. These damages include “$ 150,000 for each of the works involved in the fraudulent removal notice,” for a total fine of $ 7,650,000 plus attorneys’ fees. Just last week, Bungie won a double-in-one showdown dispute with one Fate 2 cheat seller. Minor’s YouTube channel, on the other hand, has less than 3,000 subscribers.

Update: 23.06.22, 14:15 ET: Bungie acknowledges the lawsuit in its weekly blog post update on Fate 2 and said that it is now moving forward with the processing of license requests for archived music uploads. Here is the full statement:

IN a former TWAB, let us all know that a number of copyright removal issues on YouTube were identified as fraudulent by someone claiming to be our intellectual property protection service. We wanted to give a brief update and tell everyone concerned that we have identified the person responsible and that we are taking legal action.

We take these issues seriously and will invest the time and resources required to protect our society from malicious actors.

With that said, Do not try to harass, attack or assault this person. Any direct search that does not come from Bungie’s legal team can weaken our ability to deal with the damage to our society, which is our priority. We have your back to this and will make sure that this person meets the future they deserve. Although we appreciate the feeling, we do not ask for your help to make it happen.

Now that this person has been identified, it has removed some of the challenges we faced in reviewing license requests for archived music uploads. If you have been waiting for these, thank you for your patience and we hope to get back to you in the coming weeks.