Bungie has won nearly $500,000 in damages from an individual who launched a harassment and terrorist campaign against a Destiny 2 community manager and his wife for highlighting the art of Black community members.
This judgment was entered in default against defendant Jesse James Comer, who failed to appear in defense before the Washington State Superior Court where the case was heard. Comer has been directed to pay Bungie $489,435.52 in damages, costs and legal costs, plus post-judgment interest of 12% annually on unpaid amounts.
according to reports polygonDue to Mr. Comer’s actions, which are detailed later in this article, the court was given multiple grounds for awarding damages to Bungie for its treatment of its employees. It has also unintentionally had broader legal ramifications, prompting courts to recognize new common law known as torts.
The new precedent allows employers to recover the costs incurred in investigating the identity of anonymous harassers and stopping their conduct, regardless of whether there are other grounds for awarding damages. It will be possible. For Bungie, these costs amount to £380,189.22.
“By recognizing new torts under the Washington Penal Code that criminalize cyber and telephone harassment, courts will hold probabilistic terrorists accountable for identifying them, performing them precisely, and recovering their costs in court. Made way for people with resources,” he tweeted.paralegal Kathryn Tewsonwas part of the legal team that prosecuted the lawsuit on behalf of Bungie.
By recognizing a new tort under the Washington Criminal Code that criminalizes cyber and telephone harassment, courts will hold probabilistic terrorists accountable for identifying them, performing them precisely, and recovering their costs in court. paved the way for those with the resources to pic.twitter.com/hh0r0tiegq
— Kathryn Tewson (@KathrynTewson) July 12, 2023
Following the court’s ruling, details of the lawsuit can be found below.
Mr. Comer’s “racist and probabilistic terrorism” campaign against Bungie employees began when an anonymous community manager highlighted the contribution of black community members as part of the company’s “My Destiny 2 Story” initiative.
“Furious” at the decision to spotlight the work of people of color, Mr. Comer called the employee’s personal phone and left a “horrible” and “crazy” voicemail message. He then used the pseudonym Clay Bramston to continue sending similarly harassing messages to the person’s spouse.
Defendants also repeatedly requested that Bungie create an in-game option that would allow only people of color to be killed. After sending his first message, Mr. Kummer sent an order for a “virtually inedible, rancid pizza” to a Bungie employee’s home.
When ordering, Mr. Kammer instructed the driver to knock loudly “at least five times” and reasoned that the customer would be wearing headphones on the delivery note. Mr. Kammer also made payments for orders at the time of delivery to fuel conflict between employees and delivery people. Ms. Comer, who tracked the order remotely, called K. Doe and said, “Enjoy your pizza,” again confirming it was Clay Bramston.
Comer’s intention was to terrorize the victim and expose him to physical violence by revealing that the perpetrator knew where he and his family lived. Comer then tracked down this threat by leaving an additional voice message filled with loud, threatening sounds given to him by his Steam group named “terr0rgang”.
“Online harassment follows predictable patterns, with harassers ranging from doxxing (obtaining a target’s personal information in order to abuse it in real life), to contact, to physical violence against the target,” the ruling said. be. “Kamel’s conduct had ‘all the characteristics of an attacker of great concern’.”
In response to the threat, Bungie contacted local police and dispatched an “executive bodyguard” to ensure the safety of its employees. The company then sent investigators to determine Mr. Comer’s identity and within days obtained a restraining order.
Congratulations to my clients who have stood up and fought for what they care about.
Congratulations to my team. we made the law
And fuck the crumbs of a digital society who actually do harm and believe themselves beyond responsibility and accountability.
you are not.
— DM Schmeyer (@dmschmeyer) July 12, 2023
Afterwards, Mr. Kummer will pay damages, contact Bungie employees for any purpose, and harass Destiny 2 community members, whether they are “streamers, artists, or other content creators.” or attempt to intimidate.
“Congratulations to all of our clients who have stood up and fought for what they care about.” Lawyer Dylan Schmeier tweeted, represented Bungie in this matter. Congratulations to my team. we made the law And really fuck the scum of the digital world who actually do harm and believe themselves beyond responsibility and accountability. you are not. “
If you live in the United States and have been harassed while playing games, our Gaming and Online Harassment Hotline provides text-based, confidential, and emotional support. Send SUPPORT to 23368 to get started.3:00 p.m. to 7:00 p.m. Pacific Time
Anthony is a freelance contributor covering science and video game news for IGN. With over eight years of his experience covering breakthrough developments in multiple scientific fields, he has absolutely no time for your pranks. Follow him on Twitter @BeardConGamer
