Bungie's Content Vault Backfires in Destiny 2 Copyright Lawsuit

Bungie, the studio behind Destiny 2, is facing a legal dilemma of its own making: it cannot properly defend itself in a copyright infringement lawsuit because it removed the very game content it now needs in court.

Lawsuit Claims Destiny 2 Borrowed From Blog Story

The lawsuit, filed in October 2024 by science fiction writer Matthew Kelsey Martineau (who writes under the pen name Caspar Cole), alleges that Destiny 2’s Red War campaign copied elements from his blog.

Martineau highlights several similarities, such as:

• The Red Legion faction in Destiny 2 is strikingly similar to Martineau's Red Legion.

• The origin story and motivations of Destiny 2's villain Dominus Ghaul are almost identical to Martineau's character Yinnerah.

• Both antagonists (Ghaul and Yinnerah) are portrayed as societal outcasts who rise to prominence as leaders.

• Both stories involve taking control of a powerful celestial entity above Earth (Tononob Station in Martineau's work, the Traveler in Destiny 2).

• The hierarchy of the Red Legion, including soldiers called "Legionnaires," is similar in both works.

• Destiny 2's War Beasts/ Cabal War Beasts are allegedly nearly identical to Martineau's "Miogas."

• Both stories feature powerful superweapons: the "Atonizer" in Martineau's work and "The Almighty" in Destiny 2.

• Martineau’s work depicts Earth in a state of chaos, with burning settlements and ongoing rebel fights against Red Legion invaders—plot element found in Destiny 2’s opening scenes.

• The concept of "consciousness transfer" (the Exo race in Destiny 2)

According to the lawsuit, Martineau initially published his stories on WordPress in 2013 and 2014, several years before Destiny 2 released the Red War campaign in 2017.

Bungie Submits YouTube Clips as Evidence—Judge Rejects

In an effort to dismiss the case, Bungie submitted fan-made YouTube videos and Destinypedia articles as substitutes for in-game footage of the Red War and Curse of Osiris campaigns—both of which were removed from the game in 2020 and placed into the Destiny Content Vault. But the court didn’t accept the workaround.

“The Court will not consider the exhibits attached to Defendant's motion to dismiss,” wrote Judge Susie Morgan, citing their third-party origin and lack of authenticity. The judge also emphasized that more time is needed for discovery before such evidence can be considered.

Bungie Admits Lost Access to Its Own Campaigns

In a twist, Bungie admitted it can no longer restore the vaulted content. According to a report from Forbes, the studio stated that “there is now no feasible way” to make the Red War or Curse of Osiris campaigns accessible again, due to engine updates and the technical challenges of reintroducing legacy content.

The Content Vault, originally marketed as a way to streamline game size and performance, now appears to be a permanent removal rather than temporary storage, contradicting earlier messaging. For longtime Destiny 2 players frustrated with losing paid content, the situation is seen as poetic irony.

Copyright Case Moves Forward

While Martineau’s claims rely on some common sci-fi tropes, such as celestial entities looming above Earth, Bungie’s inability to provide original materials weakens its case.

The court has ruled that the lawsuit will proceed, noting that the plaintiff has “sufficiently alleged the elements of an action for copyright infringement.”

This case could set a precedent for how live-service games handle content removal and legal accountability. Bungie’s vaulting strategy, designed to reduce technical debt, may now pose a liability—especially if other developers follow similar practices without archiving accessible versions of their retired content.

Source: PC Gamer