Destiny 2 DMCA Revenge now plots a $ 7.6 million Bungie lawsuit

Destiny 1 concept art shows a Guardian using solar magic to repel enemies.

Image: Bungie

A series of rogue DMCA takedown notices for Destiny 2 content on YouTube earlier this year has now become a $ 7.6 million lawsuit, as Bungie pursues the alleged culprit in court. Also, some Destiny 2 Content creators now claim they feel “betrayed” after the person apparently responsible denied it during Discord’s private chats with them. “I feel lied to, betrayed and incredibly upset that someone we knew and trusted would do it,” he wrote. Destiny music remixer Owen Spence on Twitter. “Literally, nearly all Destiny music on YouTube is gone for this reason.”

There’s a lot to unpack and start over when a lot of YouTube videos, including some from Bungie, were affected by DMCA takedown notices in March of this year. Bungie announced that the notices were fraudulent and weeks later took the matter to court in an attempt to get Google to disclose the identity of the perpetrator. As Bungie pointed out at the time, part of the reason the fraudulent takedown notices were able to escalate in the first place was because YouTube’s copyright system is opaque and difficult to navigate (Bungie consulted customer service and did not solve the problem for days). Months later, the studio now says a Destiny 2 player named Nick Minor, who goes by the name Lord Nazo on YouTube, is allegedly responsible based on personal data obtained by Google on June 10.

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

“This case stems from Nick Minor’s malicious campaign to send fraudulent takedown notices to some of the most prominent and passionate members of that fan base, presumably on behalf of Bungie, in apparent retaliation for Bungie for asserting its rights to do so. author against material that Minor uploaded to his YouTube channel, ”the company writes in a new lawsuit filed June 22 in the US Western District Court in Washington.

Bungie claims Minor ripped the music for Destiny: The Taken King And Destiny 2: The Queen of Witches directly from the company’s official soundtracks, and then uploaded to YouTube. Despite repeated takedown notices, Minor left the music, with the result that YouTube disabled Minor’s channel altogether. According to Bungie, it was then that Minor began impersonating a third-party agency that he uses to enforce his copyright protections called CSC Global by using fake Gmail addresses that resembled those of the company.

Apparently in retaliation for the takedowns against his own channel, Minor would later issue fraudulent takedowns against 96 other videos, including some by apparent reciprocals in the rest of the Destiny YouTube music scene. Bungie also accuses Minor of using the smokescreen of suspicion relieved of his culling madness to sow distrust of the Destiny community, and counterclaiming legitimate takedown notices against your channel.

“Extremely disappointed to find that Lord Nazo, our friend and someone in direct communication with us regarding the removals, was the person who issued the fake DMCA removals ‘on behalf’ of Bungie,” Owen Spence, who orchestrates remix of Destiny 2 music, he wrote yesterday on Twitter. “[Minor] he lied to us, started a Discord DM with me, Promethean, Breshi and Lorcan0c, and then said things like that, all while acting like a victim.

The alleged Discord chat logs shows Minor explaining in March how easy it is to send fraudulent takedown notices and suggests that the culprit is someone abusing YouTube’s system. A screenshots of old tweetsmeanwhile, it seems to show Minor that he writes to Destiny 2‘s community manager around the same time his channel was mistakenly involved in the takedown madness, despite being allegedly the one behind it. During this time she also posted posters criticizing YouTube’s copyright removal policies.

As Bungie explains in his case, Destiny 2 is a live services game that thrives in part thanks to the community of players on other social platforms such as Twitch, YouTube, Twitter, and Reddit. One area of ​​community content is music, including looping songs, remixes, re-orchestrations, and fan covers. Spence contrasts what Minor was doing (loading the official soundtrack rips directly and then looping them back with minor audio edits) with retention attempts based on in-game recordings and more transformative works (though it’s unclear whether Bungie is d accord with this distinction). As a result of Minor’s apparent actions, however, many members of the latter group were also deleted from YouTube.

For example, the Promethean YouTube channel, Archival Mind uploaded music as it played in the game. While some of those still exist, such as the First boss fight with the disciples raid, many others were eliminated during the takedown madness to avoid losing the entire channel. While there are offline backups, Promethean wrote in a March update on YouTube that they would get prior approval from Bungie directly before moving forward with future projects. On Twitter yesterday they simply he wrote“Well … there’s a turning point I didn’t see coming …”

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

Bungie is also not taking alleged offenses lightly. The firm is looking for “damages and injunctions” for what it says is economic and reputational damage resulting from the accident. Such damages include “$ 150,000 for each of the works implicated in the fraudulent takedown notice,” for a total penalty of $ 7,650,000 plus attorney’s fees. Just last week, Bungie won a deal twice that in a dispute with a Destiny 2 cheat the seller. Minor’s YouTube channel, on the other hand, has fewer than 3,000 subscribers.

Updated: 6/23/22, 2:15 pm ET: Bungie recognizes the cause in his own weekly blog post update On Destiny 2 and said it is now moving forward with processing license requests for archived music uploads. Here is the full statement:

In a previous TWAB, we all inform you that a number of copyright takedown issues on YouTube have been identified as fraudulent by someone posing as our intellectual property protection service. We wanted to provide a brief update and let everyone concerned know that we have identified the responsible person and are taking legal action.

We take these matters seriously and will invest the time and resources necessary to protect our community from malicious actors.

That said, do not attempt to harass, attack or hoard on this individual. Any direct contact not from Bungie’s legal team could compromise our ability to address the harm done to our community, which is our top priority. We have our backs to this and we will make sure this person has the future he deserves. As much as we appreciate the feeling, we don’t ask for your help to make it happen.

Now that this person has been identified, they’ve removed some challenges we faced when reviewing licensing requests for archived music uploads. If you have been waiting for these, thank you for your patience and we hope to be able to get back to you in the coming weeks.

.

Leave a Comment