Bungie lawsuit retaliates against false DMCA takedowns
After fraudulent takedowns against Destiny 2 videos, Bungie strikes back with a lawsuit.
YouTube’s DMCA strikes again, and as usual, its claims are completely false. After various “fradulent” Destiny 2 video takedowns, video game developer Bungie stepped in. Now, Bungie is filing a lawsuit against unnamed defendants for falsely taking down Destiny 2 content for the studio’s “significant reputational and economic damage.”
The Destiny 2 DMCA takedowns
Earlier in March 2022, multiple DMCA takedown notices spread across the Destiny 2 community. Many content creators felt confused, as their videos seemed to be in accordance with Bungie’s policies regarding their games. Even more confusing, some of the company’s own videos became a target.
Last week, Bungie put out a tweet saying they were aware of the copyright takedowns and had begun active investigation. With the investigation arises a lawsuit against the senders of the fraudulent DMCA strikes. The lawsuit highlights that the takedown senders used a Gmail address similar to that of Bungie’s IP protection partners. Using this email, they issued DMCA takedown notices targeting Destiny 2 videos.
Along with the Bungie lawsuit comes much criticism of YouTube’s reporting system, and rightfully so. Content creators have been stressing for years how easily people can fake DMCA takedowns. False DMCA claims take down entire accounts at times, whether in violation or not. Bungie backs up content creators on this in a statement:
Doe Defendants were able to [send fraudulent notices] because of a hole in YouTube’s DMCA-process security, which allows any person to claim to be representing any rights holder in the world for purposes of issuing a DMCA takedown. In other words, as far as YouTube is concerned, any person, anywhere in the world, can issue takedown notices on behalf of any rights holder, anywhere.
Curiously, many targeted content creators received an email from one of the unknown defendants. The defendant apologized for their actions and said “my goal was to get Bungie to see the fake takedowns and stop them.”
The Bungie lawsuit fights back
Bungie, however, isn’t taking it. The defendant’s actions harshly impacted the Destiny 2 community. By upsetting the community, Bungie and the game’s fans suffered as a result. In pursuing the lawsuit, Bungie “is entitled to damages and relief for up to $150,000 for each fraudulent takedown notice.”
The full lawsuit can be read here.
Via, PCGamer.
