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11/12/2019 1:17:21 AM
3

Bungie's Fraudulent Behavior

I was banned. I know what you're thinking - "He was probably cheating. He'll say he wasn't because they all do, but he was." That would be inaccurate. I was banned because I had a mod for another game installed. The mod is for Rocket League and is called BakkesMod. Bungie staff would have known this when they banned me. A quick Google search would have shown that it is one of the most popular Rocket League mods, used for training, and is even acknowledged by the game's developers. I have read before that it doesn't matter what the mod is for, if you're modding [i]ANY[/i] game, Bungie will ban you because they can't be certain it's not for Destiny. On their Bans page, Bungie states: [quote]Permanent account bans are only implemented with rigorous checking to ensure that the innocent are not punished alongside the guilty.[/quote] This is quite clearly not the case. A simple look at my Steam profile would have shown over 1,700 hours in Rocket League (an embarrassingly large number for how bad I am at it) and only 69 hours in Destiny. A look at my Crucible stats would all but prove that I wasn't cheating, as my stats are mediocre at best. The "checking" involved was anything but "rigorous". My Steam account is over 12 years old with no bans or restrictions ever put in place. I was quite clearly not cheating at Destiny. But was I violating the Terms of Service (or Software License Agreement)? Also, No. Bungie's Ban page states a player can be banned for [quote]Using an external program to modify or analyze the operation of the Destiny game software, such as: Trainers, mods, cheats, aimbots, or autofire.[/quote] And the most relevant section in the SLA is clause 8 in the License Conditions section: [quote](8) hack or modify the Program, or create, develop, modify, distribute, or use any unauthorized software programs to gain advantage in any online or multiplayer game modes;[/quote] BakkesMod is obviously not for Destiny, and therefore is not subject to either clause. I did [b]NOT[/b] violate any clause of the SLA, Terms of Use, or any other agreement that Bungie requires. I recently spent about $75 on this game ($60 for Shadowkeep and the 4 season passes, $15 for Forsaken on sale in the Steam store). By banning me for using a completely unrelated program without prior warning that doing so would result in a ban, and refusing to provide any avenue for redress, they are unduly denying me access to the service that I paid for. One could argue that I was able to access Shadowkeep, Forsaken, and one of the season passes (though not for very long), but you could NOT make the argument that I was or will be provided the other 3 season passes that I paid for. Bungie is, without explicit cause, refusing to provide a service that I paid for, refusing to explain why they won't provide the service, and refusing to give me a refund for undelivered services. I am unsure if this is legally considered fraud or theft, but I would certainly classify it as fraudulent behavior.
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