... we already talked about this a year ago, when Bungie had its initial suit against Aimjunkies dismissed after Judge Thomas Zilly rejected the claims on the grounds that Bungie had failed to offer any evidence of copyright infringement. That dismissal did leave room for Bungie to re-file, though, which Bungie did, this time promising it had solid evidence to bring before the court. Judge Zilly once again fielded Bungie’s request for summary judgment. And, once again, Judge Zilly has handed Bungie a loss, denying summary judgment, due to a lack of evidence.
“Notably, Dr. Kaiser is not certain that Defendants copied portions of Destiny 2’s copyrighted software code to create the Aimjunkies cheat software, and he explained during his deposition that, based on the available evidence, his opinion is merely ‘the most likely conclusion’,” Judge Zilly writes.
“Defendants deny that they copied any portions of Destiny 2’s software code, and contend that a non-party developer created the Aimjunkies cheat software,” the Judge adds, concluding that the motion for summary judgment on the copyright claims is denied.