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Destiny YouTuber sued by Bungie for over $7M due to false DMCA strikes

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rjohnson11
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2022/06/23 04:28:11 (permalink)
https://www.kitguru.net/gaming/matthew-wilson/destiny-youtuber-sued-by-bungie-for-over-7m-due-to-false-dmca-strikes/
 
Earlier this year, Bungie found itself in hot water with the Destiny content creator community after a number of music channels began getting spammed with DMCA strikes. Bungie swiftly confirmed it was not behind this and worked with YouTube to get things reversed. So who was behind the false bans? Well, it turns out a fellow Destiny-focused music channel on YouTube was behind the whole thing, and now Bungie is suing him for more than $7M.
 
Bungie has now filed a lawsuit against Nicholas Minor, known online as ‘Lord Nazo', for $150,000 per fraudulent takedown request. Adding up all the impacted videos brings the total number of damages to $7.65 million USD.
 
Minor operated a Destiny-focused YouTube channel for eight years, taking tracks from the official Destiny OST album and looping them into longer tracks before uploading them to YouTube. Eventually Bungie did copyright strike his channel, claiming that simply looping the audio from the OST is not transformative enough to class as Fair Use. However, Bungie does not have an issue with other music channels, which capture music from within the game itself and not the OST album, as these tracks are often a little different and have additional elements to them compared to the album version.
 
Minor tried on several occasions to get his videos restored but after being denied, he allegedly decided to cause some chaos within the community. After creating fake email accounts that Bungie and Google have tied to Minor, they began fraudulently filing DMCA claims with YouTube against other Destiny music channels and under a fake identity, began sending emails out to various content creators and Bungie staff members to generate drama between Bungie and the content creator community.
 
During this time, Minor claimed publicly that his videos were also fraudulently taken down by the person behind all of this, in hopes that his videos would be reinstated, but Bungie didn't go for it. After obtaining data from Google and conducting investigations, Bungie discovered that Minor was the person behind the DMCA strikes, leading to the lawsuit.
It is a wild story of a content creator actively seeking revenge against a company and going to great lengths to damage their reputation with the community. As Owen Spence of the channel AtlyxMusic explains, Minor was thought of as a friend by a number of other Destiny creators, which made this discovery all the more shocking. It also brings to light just how easy it is for people to abuse YouTube's copyright system and the issues it can cause for both content creators and in cases like this, the copyright holders as well.
 
That is a lot of money involved in this lawsuit. 

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    the_Scarlet_one
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    Re: Destiny YouTuber sued by Bungie for over $7M due to false DMCA strikes 2022/06/23 04:38:19 (permalink)
    So, just out of curiosity, would bungee be forwarding any of that money to the creators that were affected by the false claims by another YouTuber, or would the actual victims need to file a separate suit where they would never win any money after Bungie bankrupts Nicholas Minor.

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    wmmills
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    Re: Destiny YouTuber sued by Bungie for over $7M due to false DMCA strikes 2022/06/23 09:52:52 (permalink)
    the_Scarlet_one
    So, just out of curiosity, would bungee be forwarding any of that money to the creators that were affected by the false claims by another YouTuber, or would the actual victims need to file a separate suit where they would never win any money after Bungie bankrupts Nicholas Minor.

    They could probably could turn into a class suit then. He certainly stepped in it trying to do something like this against a huge company. Boy, i hope he doesnt live in his parents basement and they are responsible for him cause they may not own anything in the end either.

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    Hoggle
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    Re: Destiny YouTuber sued by Bungie for over $7M due to false DMCA strikes 2022/06/23 10:59:47 (permalink)
    wmmills
    the_Scarlet_one
    So, just out of curiosity, would bungee be forwarding any of that money to the creators that were affected by the false claims by another YouTuber, or would the actual victims need to file a separate suit where they would never win any money after Bungie bankrupts Nicholas Minor.

    They could probably could turn into a class suit then. He certainly stepped in it trying to do something like this against a huge company. Boy, i hope he doesnt live in his parents basement and they are responsible for him cause they may not own anything in the end either.




    It's the kind of thing though that wouldn't really result in much money per person when split up. It's unlikely this guy has $7 so it could be the kind of thing in which a class action results in finding out that the guy is already in debt.

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    rjohnson11
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    Re: Destiny YouTuber sued by Bungie for over $7M due to false DMCA strikes 2022/06/23 11:04:51 (permalink)
    Hoggle
    wmmills
    the_Scarlet_one
    So, just out of curiosity, would bungee be forwarding any of that money to the creators that were affected by the false claims by another YouTuber, or would the actual victims need to file a separate suit where they would never win any money after Bungie bankrupts Nicholas Minor.

    They could probably could turn into a class suit then. He certainly stepped in it trying to do something like this against a huge company. Boy, i hope he doesnt live in his parents basement and they are responsible for him cause they may not own anything in the end either.




    It's the kind of thing though that wouldn't really result in much money per person when split up. It's unlikely this guy has $7 so it could be the kind of thing in which a class action results in finding out that the guy is already in debt.


    It could also be that Bungie's lawsuit is simply to make an example of him. I think they know they won't see 7 million dollars. 

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    CraptacularOne
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    Re: Destiny YouTuber sued by Bungie for over $7M due to false DMCA strikes 2022/06/23 22:37:51 (permalink)
    They definitely did this to make an example of him. They know full well they won't see anywhere near the 7.65m they are suing him for, that wasn't the point of this. Their point was to ruin him (Minor) completely and act as an example to anyone else thinking of concocting something similar. 

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