Bungie wins landmark harassment lawsuit against Destiny 2 troll

Bungie won damages of almost $500,000. Destiny 2A player harassed and threatened a member of the community and his spouse with offensive, racist, distressing and abusive calls and messages. He also delivered an unwanted pizza order in a way that was intended to scare and intimidate them.

According to members of Bungie’s legal team, the judgment from a Washington state court sets important precedents that will empower employers to go after anyone who harasses their employees online, and strengthen the enforcement of laws against online trolling and harassment. “This one is special,” Bungie’s attorney Dylan Schmeyer tweeted.

As laid out in the court’s judgment, the defendant, Jesse James Comer, was “incensed” when the community manager — whom both Bungie and the court declined to name, to protect them from further harassment — spotlighted some fan art by a Black community member. Using anonymous phone numbers, Comer left a string of “hideous, bigoted” voicemails on the community manager’s personal phone, some asking that Bungie create options in Destiny 2 “in which only persons of color would be killed,” before proceeding to threaten the community manager’s wife with more racist voicemails and texts. He then ordered pizzas to be delivered, instructing the delivery driver to knock loudly at least five time to create the most fear.

Comer must pay more than $489,000 for damages, legal fees and other expenses incurred in order to protect and support its employees. Comer also had to be investigated and charged with the crime.

In the article, a Twitter thread by Kathryn Tewson, a crusading paralegal who worked on the case, the judgment is significant because it recognizes that patterns of harassment escalate from online trolling to real-world violence; establishes that harassment of an employee for doing their job damages the employer as well, which can then use its resources to go after the culprit; and recognized a new tort — a legal term for a form of injury or harm for which courts can impose liability — around cyber and telephone harassment.

While it may seem odd to celebrate a judgment that awards a company — rather than an individual — with damages for personal harassment, the significance of the case is that its legal precedent empowers and motivates employers to use their resources to protect employees who face harassment as part of their jobs. Bungie, along with its attorneys, has broken new ground which could help improve protections for employees in the video game industry.

“Why is this a brag-worthy win? Well, because the law moves slowly, frankly; much more slowly then either technology or culture,” Tewson said. “With this win, we helped to close that gap in some significant ways. […] This one was a really emotional win, y’all. I cried when the order came in.” Replying to another Twitter user, Tewson added, “Harassment in these communities is a terrible problem and it’s deeply satisfying to help be a part of the solution, even a small part.”

The sentiment is echoed by many. Schmeyer said, “I’m not sure I’ve worked *harder* on anything before. The project was managed from the beginning to end, including research, drafting and management. It was so important that the outcome came out right. It’s some of the best lawyering I’ve ever done. Some of the best work my team has.”

“Congratulations to my clients, who stood up and fought for something that mattered,” Schmeyer continued. “Congratulations to my team. We made law.

“And a hearty fuck you to the dregs of digital society who do real harm and believe themselves above responsibility, beyond accountability. You aren’t.”