A host of junk DMCA removal notifications Fate 2 contents on YouTube earlier this year is now ballooning into one $ 7.6 million lawsuit, as Bungie goes after the suspected perpetrator in court. In addition, some Fate 2 Content creators now say they feel “betrayed” after the person who was apparently responsible denied this during private Discord chat with them. “I feel lied to, betrayed and unbelievably sad that someone we knew and trusted would do this,” he wrote. Fate music remixer Owen Spence on Twitter. “Literally almost all Destiny music on YouTube is gone because of this.”
It’s a lot to unpack, and it starts back when a lot of YouTube videos, including some of Bungie’s own, was hit by DMCA notices of removal in March this year. Bungie announced that the notifications were fraudulent, and weeks later took the case to court in an attempt to get Google to reveal the identity of the person responsible. As Bungie pointed out at the time, part of the reason the fraudulent removal messages could escalate in the first place was because YouTube’s copyright system is opaque and difficult to navigate (Bungie went through customer service and did not resolve the issue for days). Months later, the study now says one Fate 2 player named Nick Minor, who walks by Lord Nazo on YouTube, is the one allegedly responsible based on personal data obtained from Google on June 10th.
Minor and Bungie did not immediately respond to a request for comment.
“This case arises as a result of Nick Minor’s malicious campaign to send fraudulent removal notices to some of the most prominent and passionate members of the fanbase, allegedly on Bungie’s behalf, in apparent retaliation for Bungie, which enforces its copyrights to material that Minor has uploaded to his own YouTube channel, ”the company wrote in a new lawsuit filed June 22 in the U.S. Western District Court in Washington.
Bungie claims that Minor ripped music to Destiny: The Taken King and Destiny 2: The Witch Queen directly from the company’s official soundtracks, and then uploaded them to YouTube. Despite repeated removal notices, Minor stopped the music, which eventually resulted in YouTube disabling Minor’s channel completely. According to Bungie, that was when Minor started imitating a third-party agency that it uses to enforce its copyright protection called CSC Global by using fake gmail addresses that resembled the company’s own.
Apparently in retaliation for the removals towards its own channel, Minor is then said to have issued fraudulent removals towards 96 other videos, including some of the seemingly reciprocal ones in the rest of the video. Fate YouTube music scene. Bungie also accuses Minor of using the smoke screen for suspicion that was kicked up by his dismantling campaign to sow distrust of Fate community and counterclaim the legitimate notices of removal of his channel.
“Extremely disappointed to find out that Lord Nazo, our friend and a person in direct communication with us about the removals, was the person who issued the fake DMCA takedowns ‘on behalf’ of Bungie,” Owen Spence, who orchestrates remix of Fate 2 music, wrote on Twitter yesterday. “[Minor] lied to us, started a Discord group DM with me, Promethean, Breshi and Lorcan0c and then said things like this, all the while behaving as if he were a victim. “
That alleged Discord chatlogs show Minor, who in March explains how easy it is to submit fraudulent removal notices and suggests that the culprit is someone who is abusing YouTube’s system. ONE screenshot of old tweetsmeanwhile, appears to show Minor writing to Fate 2‘s community manager around the time his channel was mistakenly captured by the dismantling campaign, even though it was allegedly the one behind it. During this time, he also issued manifestos criticizing YouTube’s copyright removal policies.
As Bungie says in its case, Fate 2 is a live service game that thrives in part as a result of the player community on other social platforms like Twitch, YouTube, Twitter and Reddit. One area of community content is music, including looped tracks, remixes, re-orchestrations, and fancovers. Spence contrasts what Minor did – uploading direct official soundtrack rips and then looping them with small audio edits – with preservation attempts based on in-game footage as well as more transformative works (though it’s not clear if Bungie agrees with this distinction). However, as a result of Minor’s apparent actions, many in the latter group have also been deleted from YouTube.
As an example, the YouTube channel Promethean uploaded Archival Mind music while playing the game. While a few of them still exist, e.g. First disciple raid boss battle, many others were deleted during the removal ride 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 on to future projects. On Twitter yesterday, they simply go wrote“Well … there’s a twist, I did not come …”
“[Minor’s] The decision was ultimately a terrible attempt to draw attention to a problem that resulted in ruining the thing he was worried about, “Promethan said. my box in a Twitter DM. They also said that there is still an “ongoing dialogue” with Bungie about what kind of Destiny music can be uploaded to YouTube in the future.
Bungie also does not take the alleged offenses lightly. The study seeks “damages and injunctions” over what it says is financial and reputational damage that occurs as a result of the incident. These damages include “$ 150,000 for each of the works involved in the fraudulent removal notice,” to a total fine of $ 7,650,000 plus attorney’s fees. Last week, Bungie won a settlement on the double in one conflict with one Fate 2 cheat seller. Minor’s YouTube channel, in turn, has less than 3,000 subscribers.
Update: 23/6/22, 14:15 ET: Bungie acknowledges the lawsuit in its weekly blog post update on Fate 2 and said it is now moving forward with processing license requests for archived music uploads. Here is the full statement:
IN a former TWAB, we all tell you that a series of copyright issues on YouTube had been identified as fraudulent by someone claiming to be our intellectual property protection service. We wanted to provide a brief update and let everyone concerned know that we have identified the person responsible and we are taking legal action.
We take these matters seriously and will invest the time and resources necessary to protect our society from malicious actors.
That said, Do not attempt to harass, attack or assault this person. Any direct outreach that is not from Bungie’s legal team can impair our ability to respond to the harm done to our community, which is our priority. We have your back to this and will make sure this person meets the future they deserve. Although we appreciate the atmosphere, we do not ask for your help to make it happen.
Now that this person has been identified, it has removed some of the challenges we faced in reviewing license requests for archived music uploads. If you have been waiting for these, thank you for your patience and we hope to get back to you within the next few weeks.