Destiny 2’s Content Vault Backfires: Copyright Lawsuit Moves Forward
Destiny 2's controversial content vaulting, a system where Bungie removes older content to manage the game's size and complexity, has unexpectedly become a key factor in an ongoing copyright infringement lawsuit. A federal judge rejected Bungie's motion to dismiss the suit, filed by writer Matthew Kelsey Martineau (aka Caspar Cole), who alleges that Destiny 2's Red War campaign and Curse of Osiris expansion plagiarized elements from his unpublished sci-fi story. The problem? Bungie can't provide playable builds of the vaulted content as evidence.
The judge's decision hinged on Bungie's inability to provide concrete evidence of the original content. Bungie attempted to use YouTube playthroughs and Destinypedia wiki pages. However, the judge ruled these third-party materials insufficient for a side-by-side comparison necessary to determine copyright infringement. As Judge Susie Morgan stated, these materials' authenticity hasn't been established.
Bungie admitted that adding the Red War and Curse of Osiris back to a private build is not possible due to incompatibility with the current game's operational framework. "As Defendant admits in its reply, '[t]here is now no feasible way for [Defendant] to provide the Court with a reviewable form of the [Red War or Osiris] campaigns or to produce them should this matter proceed to discovery,'" reads the court ruling.
Martineau's lawsuit claims striking similarities between Destiny 2's Red Legion faction and his own work, including a celestial entity hovering over Earth. The plaintiff points to “Red Legion”, celestial objects, character arcs and some sci-fi tech shared between the stories.
While Bungie argues some similarities are vague and common in science fiction, like a massive celestial entity, the judge found Martineau's allegations sufficient to move the case forward. The court found that plaintiff has sufficiently alleged the elements of an action for copyright infringement.
The situation puts Bungie in a difficult position. Their decision to remove older content, intended to streamline the game, has inadvertently weakened their defense in this lawsuit. Some fans wonder if Bungie now has to rebuild the deleted content for the court case, however far-fetched it may seem.
While the outcome of the case remains uncertain, the fact that it's proceeding at all is a significant development. This situation raises questions about content ownership and the potential legal ramifications of removing content from live-service games. Will Bungie ultimately prevail? Share your thoughts and predictions in the comments below!
