Bungie’s Vaulting Strategy Backfires in Destiny 2 Copyright Lawsuit

Bungie’s practice of removing older content from Destiny 2 has complicated its defense in an ongoing copyright lawsuit. In October 2024, writer Matthew Kelsey Martineau filed a suit alleging that Bungie plagiarized elements from his unpublished science fiction stories for Destiny 2’s Red War campaign and Curse of Osiris expansion. Martineau claims that both his work and the game feature a faction named the “Red Legion,” led by a warlord with a similar backstory, and involve themes like consciousness transfer and the pursuit of superweapons.

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Bungie attempted to have the case dismissed by submitting fan-made YouTube videos and entries from the Destinypedia wiki as evidence, arguing that the original game content is no longer accessible due to its removal from the game. However, U.S. District Judge Susie Morgan rejected this approach, stating that third-party materials of unverified authenticity are insufficient for legal proceedings. The judge emphasized the need for formal discovery procedures and declined to consider the submitted exhibits.

This situation underscores the challenges of content preservation in live-service games and raises questions about the legal implications of removing game content. As the case proceeds, it highlights the potential risks developers face when legacy content becomes inaccessible.