Bungie’s ‘Destiny 2’ Copyright Lawsuit Hits a Vaulted Roadblock: Judge Rejects YouTube Evidence

Bungie, the developer behind the popular online shooter Destiny 2, is facing an unexpected challenge in an ongoing copyright lawsuit. The lawsuit, filed by science-fiction writer Matthew Kelsey Martineau, alleges similarities between Destiny 2's early campaigns and Martineau's unpublished work. However, Bungie's defense strategy has run into a snag due to its own content vaulting policy.

The core of the issue lies in the fact that the specific content in question – the Red War and Curse of Osiris campaigns – is no longer accessible within Destiny 2. These campaigns were removed from the game as part of Bungie's content vaulting initiative, aimed at optimizing game size and performance. This decision, while intended to improve the player experience, has now backfired, preventing Bungie from presenting the original game content as evidence in court.

Instead of playable game content, Bungie attempted to submit YouTube videos and fan-made wiki pages (Destinypedia) to demonstrate the differences between its game and Martineau's work. This approach was rejected by Judge Susie Morgan, who stated that the court could not rely on third-party materials to evaluate the copyright claim. The judge emphasized that the actual game content, which Bungie itself admitted was inaccessible, was the primary source of contention.

"The Court will not consider the exhibits attached to Defendant's motion to dismiss and will not convert the Defendant's motion to dismiss to a motion for summary judgment," the ruling stated. "There has not been sufficient time for discovery, and the attachments are admittedly of third-party origination. Their authenticity has not been established."

This setback raises interesting questions about the implications of live-service games and their content vaulting practices. While vaulting allows developers to streamline their games and introduce new content, it can also create legal and preservation challenges when specific content becomes relevant in the future. In this case, Bungie's inability to produce the original Red War and Curse of Osiris campaigns has significantly complicated its defense.

The lawsuit centers around claims that Bungie copied elements such as the "Red Legion" faction, celestial objects hovering over Earth, and other thematic parallels from Martineau's writings. While Bungie argues that these are generic sci-fi concepts, proving the absence of plagiarism without direct access to the original game content has become a considerable hurdle.

Some fans have speculated whether Bungie might need to rebuild the vaulted content to present a viable defense. However, this seems unlikely given the technical challenges and resource investment it would entail. The case highlights the tension between the constant evolution of live-service games and the need to preserve content for legal and historical purposes.

The judge's decision doesn't necessarily mean Bungie will lose the lawsuit, but it does force the company to find an alternative method to demonstrate the originality of its work. Whether Bungie can overcome this obstacle remains to be seen. Will Bungie be able to salvage its defense? How will this case shape the future of copyright considerations for live-service games?

What are your thought's on Bungie's content vault? Do you believe sunsetting contents of the game a great move, or this practice should be avoided? Share your opinions in the comments below!

• Bungie
• Destiny 2
• Red War