{"id":77781,"date":"2024-06-28T09:00:30","date_gmt":"2024-06-28T09:00:30","guid":{"rendered":"https:\/\/www.cryptocabaret.com\/?p=77781"},"modified":"2024-06-28T09:00:30","modified_gmt":"2024-06-28T09:00:30","slug":"8-1m-damages-agreed-by-youtuber-bungie-for-96-bogus-dmca-notices","status":"publish","type":"post","link":"https:\/\/www.cryptocabaret.com\/?p=77781","title":{"rendered":"$8.1m Damages Agreed By YouTuber & Bungie For 96 Bogus DMCA Notices"},"content":{"rendered":"

\"Destiny<\/a>In March 2022, YouTube began receiving DMCA takedown notices which claimed that content referenced in the notices infringed the rights of videogame developer Bungie.<\/p>\n

YouTube responded by removing the videos listed in the notices, some of which had been uploaded by high-profile Destiny content creators. <\/p>\n

Some notices targeted Bungie\u2019s own channels on YouTube, but that didn\u2019t 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.<\/p>\n

Lawsuit Demands $7.65m in Damages<\/h2>\n

Bungie filed a lawsuit<\/a> 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.<\/p>\n

In June 2022, Bungie filed an amended complaint that named YouTuber\/gamer \u2018Lord Nazo\u2019, real name Nicholas Minor, as the person responsible. <\/p>\n

Bungie\u2019s investigation<\/a> that led to the identification of Minor was impressive and suitably matched by the company\u2019s claim for damages \u2013 a cool $7.65m, mainly for violations of the DMCA in respect of the fake notices.<\/p>\n

Motion for Summary Judgment (DMCA component)<\/h2>\n

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. <\/p>\n

The company previously reported that Minor had admitted that he \u201cgravely messed up\u201d and \u201cfully accept[s] that this is [his] fault,\u201d although he claimed he was \u201coblivious to the reprehensible damages [he] was causing to the community.\u201d <\/p>\n

Minor did not oppose Bungie\u2019s 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\u2019s violations were intentional, and that he lacked a subjective, good faith belief that the targeted material was infringing.<\/p>\n

\u201cBungie 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\u2019s favor on this claim and GRANTS the Motion,\u201d Judge Pechman wrote<\/a>.<\/p>\n

Final Judgment Handed Down This Week<\/h2>\n

With liability confirmed on the DMCA component of Bungie\u2019s claim, other claims were still to be cleared up. They included false designation under 15 U.S.C. \u00a7 1125(a), copyright infringement under 17 U.S.C. \u00a7 501, business defamation, violations of the Washington Consumer Protection Act, and breach of contract.<\/p>\n

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 \u00a7 512(f) (relevant section below) in respect of the bogus notices stand.<\/p>\n<\/p>\n

\"512-f\"<\/a><\/center><\/p>\n

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

\u2013 Minor filed 96 false DMCA notices against Destiny 2 creators, without any authority.<\/em>
\n\u2013 Infringement was directed against content featuring 54 of Bungie\u2019s copyrighted works.<\/em><\/p>\n

\u201cJudgment 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. \u00a7 512(f),\u201d the motion adds, noting that other claims not addressed are withdrawn.<\/p>\n

Comprehensive Injunction<\/h2>\n

The joint stipulation continues with measures to restrain Minor (and anyone under his direction or control) from:<\/p>\n

\u2013 Creating or using any kind of account that suggests any link, or claims to be, Bungie.
\n\u2013 Filing DMCA takedown notices against Destiny 2 creators on false pretenses.<\/p>\n

Minor is further prohibited from \u201cusing any social network, video sharing, or digital messaging accounts\u201d under his control to provide any content \u201crelating to or featuring Plaintiff\u2019s intellectual property or to impersonate Plaintiff or its Agents in any way.\u201d<\/p>\n

Among other things, Minor must delete Destiny, Destiny 2, and any other software that interacts with Bungie\u2019s intellectual property, from any machines under his control.<\/p>\n

\u201cThis 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\u2019s 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,\u201d the motion continues.<\/p>\n

\u201cThis 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.\u201d<\/p>\n

The stipulated motion for entry of consent judgment\/permanent injunction is available here<\/a> (pdf)<\/em><\/p>\n

From: TF<\/a>, for the latest news on copyright battles, piracy and more.<\/p>\n

Powered by WPeMatico<\/a><\/small><\/p>\n","protected":false},"excerpt":{"rendered":"

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\u2019s own channels on YouTube, but that […]<\/p>\n","protected":false},"author":2,"featured_media":77782,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[308],"tags":[],"class_list":["post-77781","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-torrent"],"_links":{"self":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/posts\/77781","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=77781"}],"version-history":[{"count":0,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/posts\/77781\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/media\/77782"}],"wp:attachment":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=77781"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=77781"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=77781"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}