Bungie has encountered a setback in its battle against a copyright infringement lawsuit, as it struggles to present the specific game content in question, which is currently inaccessible due to being ‘vaulted’. The lawsuit, initiated by writer Matthew Kelsey Martineau, asserts that Bungie appropriated elements from his WordPress writings when developing the Red Legion in Destiny 2, which was released four years after Martineau's original work. In an effort to dismiss the case, Bungie contended that the elements referenced in Martineau's complaint significantly differ from those found in Destiny 2. However, this claim has become problematic for the studio, as much of the content cited by Martineau is derived from the Red War campaign and associated downloadable content, which has since been removed from active play—effectively placed in the Destiny Content Vault. This situation has rendered Bungie unable to provide the original game instances necessary for the court's review. Tyson Green, the game director for Destiny 2, submitted an affidavit explaining the technical obstacles preventing the studio from producing the original versions of the Red War and Curse of Osiris campaigns, citing incompatibility with the game's updated operational framework. Consequently, Bungie resorted to presenting third-party sources, including player-generated YouTube content and entries from the fan-driven Destinypedia wiki, to illustrate the lore behind the now-archived material. However, the court deemed these submissions inadequate, emphasizing that Martineau's allegations pertain directly to the game's narrative rather than external interpretations. Judge Susie Morgan noted that the evidence provided by Bungie lacked sufficient authenticity and relevance, leading the court to decline the dismissal motion. As a result, the case will proceed through the judicial system.
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