Bungie tried to support its case with YouTube videos, but the judge wasn’t having any of it…

Back in October, sci-fi writer Matthew Kelsey Martineau accused Bungie of copying elements from a story he had posted under the pseudonym Caspar Cole, suggesting that Destiny 2’s initial campaign borrowed ideas from his blog. Though many elements are common sci-fi tropes—like consciousness transfer or emergency safety mechanisms—both stories feature a faction called the Red Legion equipped with flamethrowers and trained attack dogs. It might all be coincidence, but Bungie now struggles to defend itself, since the content in question was removed from the game and placed in the so-called Content Vault.

This reflects one of the biggest flaws of live service games: they cannibalize themselves. As new content gets added, older storylines become inaccessible and are often deleted to reduce install size. In Destiny 2’s case, this started with the Beyond Light expansion, when the original Red War campaign and its sequels were removed. New players have never had a chance to play them.

The Court Won’t Sit Through a 10-Hour Lore Marathon

Bungie had long stated that vaulted content could return, but the lawsuit revealed that technical upgrades to the game’s engine make that impossible. In its defense, the company submitted videos as evidence—including a massive 10-hour lore explainer by YouTuber MynameisByf (Exhibit B).

Exhibit C was a 2-hour-and-40-minute fan-made cutscene compilation. But Judge Susie Morgan had no time or inclination to go through these. When Bungie filed its motion to dismiss using mostly quotes from Destinypedia and long fan videos, the judge outright rejected it.

“The Court will not consider the evidence attached to Defendant’s motion to dismiss, nor will it convert the motion to one for summary judgment. There has been insufficient time for discovery, and the attachments are admittedly sourced from third parties. Their authenticity has not been verified.”

The copyright lawsuit continues—but not the way Bungie hoped.

Source: PCGamer