Bungie is taking the battle to court, filing a lawsuit against the person behind several bogus Destiny 2 DMCA takedowns, according to VG247.
This past March a number of YouTubers, and Bungie as well, were hit with a DMCA takedown although it wasn’t clear who was behind the reports. Now that some time has passed, Bungie has uncovered the person behind it and is suing them as a result.
According to an official court filing, Bungie is suing Nicholas Minor, who is known on YouTube as Lord Nazo, who they claim was issued a takedown notice by Bungie on YouTube and started targeting Bungie and other popular Destiny creators on YouTube.
“After receiving the takedown notice, Minor left his infringing video up for the maximum possible time – until late January 2022, when YouTube deleted it – and instead created a new Gmail address intended to mimic the syntax of the email address CSC used for Bungie’s legitimate takedowns,” the document states.
In February 2022, he purchased and uploaded multiple tracks from another OST – this time, for Bungie’s latest release, The Witch Queen. When Bungie had CSC send DMCA takedowns for this second infringement and other infringing videos on his channel, Minor acted. He registered a second fake “CSC” email address and began to send out a wave of fraudulent takedown notices.”
“The Destiny community was bewildered and upset, believing that Bungie had reneged on a promise to allow players to build their streaming communities and YouTube channels on Destiny 2 content,” reads the filing. “Destiny community members were also misled to believe that Bungie’s brand protection agent was also fraudulent, causing confusion among users as to the authenticity of legitimate DMCA notices.
“Bungie had to devote significant internal resources to addressing it and helping its players restore their videos and channels – an effort complicated by the fact that while YouTube has a form that allows anyone to claim to represent a copyright holder and issue copyright strikes, it has no dedicated mechanism for copyright holders who are being impersonated to let YouTube know about the DMCA fraud. This meant that Bungie had to work through several layers of YouTube contacts over a period of several days before it could adequately communicate and begin addressing the problem.”
Bungie is seeking damages in an amount to be proven at trial, and entitled to damages and injunctive relief, including enhanced statutory damages of $150,000 for each of the works implicated in the Fraudulent Takedown Notice that willfully infringed on registered copyrights for a grand total of $7,650,00.
Stay tuned for more as this story develops.