Summary
- A copyright lawsuit against Bungie over Destiny 2 will proceed despite the company’s motion to dismiss it.
- Bungie’s attempt to dismiss the case failed, as much of its useful evidence is being held in the Destiny 2 Content Vault.
- While Bungie submitted YouTube clips and screenshots from fan-made sites, the court has determined that this won’t work as evidence.
A federal judge has decided that a copyright dispute concerning the game ‘Destiny 2’ will continue, even though Bungie had requested it to be dropped. Copyright disputes can be intricate due to the blurred boundaries between inspiration, coincidence, and infringement. However, the case involving Bungie is especially challenging because of the contentious aspect related to the Content Vault in ‘Destiny 2’, which makes gathering evidence more difficult.
The legal dispute initiated in October 2024, when sci-fi writer Matthew Kelsey Martineau accused Bungie of plagiarism over their Red War storyline, claiming it bore significant similarities to a tale he had penned on his WordPress blog. In reaction, Bungie sought to have the case thrown out, using YouTube videos of the game and images from fan-created websites as proof of differences between the works. However, the court has ruled that this material cannot be classified as “evidence,” partly due to the influence of the Destiny 2 Content Vault.
Based on court records obtained by The Game Post, Judge Susie Morgan stated that the court will not take into account the videos and pictures presented in Bungie’s motion since they are not part of the initial materials submitted during the case filing. As these items are neither the original content nor fall within the boundaries of the initial copyright dispute, they cannot serve as proof. However, it is worth noting that Bungie opted to use these materials instead of the original game content in its motion. The reason for this is that the original content can no longer be accessed due to being stored in the Vault, a feature introduced in Destiny 2 in 2020, making them incompatible with the current game structure.
Destiny 2’s Content Vault Makes It Difficult for Bungie to Provide Evidence in Copyright Case
In Destiny 2, older content is moved to a storage area known as the Vault, allowing the game to evolve and adapt without being hindered by outdated code. This approach facilitates new additions and modernization, but it can make it difficult to play older builds. Bungie addressed this issue in their statement, admitting they “cannot practically provide” the campaigns in question in a functional or reviewable state. To compensate, they have included screenshots and videos from fan-run wikis. While this strategy makes sense given the circumstances, it did not succeed in having the lawsuit dismissed. Recently, Bungie emerged victorious in a significant copyright case as the plaintiff, but they are now facing another legal battle since their motion to dismiss was denied.
The course of events ahead remains uncertain, as both trials are ongoing. The Vault case presents an intricate difficulty when comparing it to Red War’s narrative with Martineau’s works, a challenge that Judge Morgan acknowledged would complicate her judgment during the dismissal denial. Additionally, Bungie is handling another legal matter involving a former Destiny 2 developer who has sued Bungie and Sony over alleged false accusations of sexual misconduct leading to his termination. Both cases are active, leaving the future and legal standing of these companies in question.
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2025-05-05 17:41