$8.1m Damages Agreed By YouTuber & Bungie For 96 Bogus DMCA Notices

In March 2022, YouTube began receiving DMCA takedown notices which claimed that content referenced in the notices infringed the rights of videogame developer Bungie.

YouTube responded by removing the videos listed in the notices, some of which had been uploaded by high-profile Destiny content creators.

Some notices targeted Bungie’s own channels on YouTube, but that didn’t prevent some in the Destiny 2 community concluding that Bungie itself was to blame. That compelled Bungie to clean up the mess, defend its reputation, and track down the culprits.

Lawsuit Demands $7.65m in Damages

Bungie filed a lawsuit at a Washington court in March 2022, a clear indication that it intended to hold those who sent the fake takedown notices to account. At this point, the identities of those responsible were yet to be confirmed.

In June 2022, Bungie filed an amended complaint that named YouTuber/gamer ‘Lord Nazo’, real name Nicholas Minor, as the person responsible.

Bungie’s investigation that led to the identification of Minor was impressive and suitably matched by the company’s claim for damages – a cool $7.65m, mainly for violations of the DMCA in respect of the fake notices.

Motion for Summary Judgment (DMCA component)

Bungie filed a motion for summary judgment on the DMCA component of its overall claim in December 2023. Minor appeared in the case as required, including for his deposition and to provide discovery responses.

The company previously reported that Minor had admitted that he “gravely messed up” and “fully accept[s] that this is [his] fault,” although he claimed he was “oblivious to the reprehensible damages [he] was causing to the community.”

Minor did not oppose Bungie’s motion for summary judgment. In a judgment handed down this March, Senior District Judge Marsha J. Pechman referenced Section 512 of the DMCA, noting that Minor’s violations were intentional, and that he lacked a subjective, good faith belief that the targeted material was infringing.

“Bungie has also provided evidence that the fraudulent notices harmed its reputation and caused it to devote significant resources to attempt to remediate the harm. The Court therefore GRANTS summary judgment in Bungie’s favor on this claim and GRANTS the Motion,” Judge Pechman wrote.

Final Judgment Handed Down This Week

With liability confirmed on the DMCA component of Bungie’s claim, other claims were still to be cleared up. They included false designation under 15 U.S.C. § 1125(a), copyright infringement under 17 U.S.C. § 501, business defamation, violations of the Washington Consumer Protection Act, and breach of contract.

A stipulation and motion for entry of judgment filed by Bungie on Wednesday reveals that these additional claims will not be pursued. The copyright violations under 17 U.S. Code § 512(f) (relevant section below) in respect of the bogus notices stand.

In their joint motion, Minor and Bungie ask the Court to enter an order and stipulated judgment based on several conclusions. They include:

– Minor filed 96 false DMCA notices against Destiny 2 creators, without any authority.
– Infringement was directed against content featuring 54 of Bungie’s copyrighted works.

“Judgment will be entered against Defendant in the amount of $8,100,000.00, representing statutory damages of $150,000 per infringed work under 17 U.S.C. § 512(f),” the motion adds, noting that other claims not addressed are withdrawn.

Comprehensive Injunction

The joint stipulation continues with measures to restrain Minor (and anyone under his direction or control) from:

– Creating or using any kind of account that suggests any link, or claims to be, Bungie.
– Filing DMCA takedown notices against Destiny 2 creators on false pretenses.

Minor is further prohibited from “using any social network, video sharing, or digital messaging accounts” under his control to provide any content “relating to or featuring Plaintiff’s intellectual property or to impersonate Plaintiff or its Agents in any way.”

Among other things, Minor must delete Destiny, Destiny 2, and any other software that interacts with Bungie’s intellectual property, from any machines under his control.

“This permanent injunction constitutes a binding court order, and any violations of this order by Defendant will subject them to the full scope of this Court’s contempt authority, including punitive, coercive, and monetary sanctions. Any company or entity that Defendant controls in the future will also comply with the provisions of this Judgment and Permanent Injunction,” the motion continues.

“This permanent injunction is binding against Defendant worldwide, without regard to the territorial scope of the specific intellectual property rights asserted in the Complaint and may be enforced in any court of competent jurisdiction wherever Defendant or his assets may be found.”

The stipulated motion for entry of consent judgment/permanent injunction is available here (pdf)

From: TF, for the latest news on copyright battles, piracy and more.

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