Enlarge / I’m not 18 yet, so I can do whatever I want here… right?
A serial Destiny 2 cheater currently facing a lawsuit from Bungie is arguing in court that his status as a minor means he can effectively opt out of the game’s license agreement, including any anti-cheating provisions he may have violated. Ironically, though, trying to make use of this loophole may have opened the defendant up to much more serious copyright infringement claims.
In a motion to dismiss filed earlier this month (as noted by TorrentFreak), the plaintiff in the cheating case (referred to in court documents as L.L. to protect his real identity) argues that he is not subject to Bungie’s Limited Software License Agreement (LSLA). That’s because, as a minor, L.L. has the right to “disaffirm” that contract, which means it is “legally treated as if it was never formed.” L.L. did just that on September 8, filing documents disaffirming “any and all contracts between himself and Bungie.”
In his motion to dismiss, L.L. argues that this move means he is retroactively not subject to LSLA clauses that prevent players from “hack[ing] or modify[ing]” the game or “us[ing] any unauthorized software programs to gain advantage in any online or multiplayer game modes.” Thus, Bungie’s claims based on breach of that contract should be dismissed.
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