Bungie Inc., Ubisoft Entertainment, Ubisoft Inc. v. Andrew Thorpe aka Krypto, Jonathan Agueda aka Overpowered, Wesam Mohammed aka Grizzy, Ahmad Mohammed, and Does 1 through 50, inclusive
Published: Jan. 13, 2023 | Result Date: Nov. 2, 2022 | Filing Date: Jul. 23, 2021 |Case number: 3:21-cv-05677-EMC Settlement – $300,000
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Marc E. Mayer
(Mitchell Silberberg & Knupp LLP)
Emily F. Evitt
(Mitchell, Silberberg & Knupp LLP)
Mark C. Humphrey
(Mitchell, Silberberg & Knupp LLP)
Defendant
Ben T. Lila
(Mandour & Associates APC)
Joseph A. Mandour III
(Mandour & Associates APC)
Facts
Bungie, Inc., Ubisoft Entertainment, and Ubisoft, Inc., brought an action against Andrew Thorpe, also known as Krypto; Jonathan Aguenda, also known as Overpowered; Wesam Mohammed, also known as Grizzly; and Ahmad Mohammed.
Bungie and Ubisoft are the owners and publishers of online multiplayer video games, including "Destiny 2" and "Tom Clancy's Rainbow Six: Siege."
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs asserted causes of action for trafficking in circumvention devices; copyright infringement; trademark infringement; false designation of origin; intentional interference with contractual relations; and unfair competition. Plaintiffs contended that defendants engaged in the exploitation of a portfolio of malicious cheats and hacks for popular multiplayer games, including plaintiffs' games. Plaintiffs argued that defendants' conduct had and continued to cause massive and irreparable harm to plaintiffs and their business interests. Not only do cheaters impair the enjoyment of gameplay by non-cheaters with whom they interact in-game, but cheaters also illegitimately obtain and thereby devalue the in-game rewards that non-cheaters obtain legitimately. Moreover, defendants not only knew that their conduct was unlawful, but engaged in that conduct with deliberate intent to harm plaintiffs, their business, and their player communities.
DEFENDANTS' CONTENTIONS: Defendants denied all contentions.
Result
$300,000 settlement with defendants Wesam Mohammed and Ahmad Mohammed. Among other settlement terms, defendants Wesam Mohammed and Ahmad Mohammed are permanently enjoined from creating, selling, or otherwise making available cheating software designed to be used with plaintiffs' intellectual property.
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