Bungie’s strategy to use YouTube videos of its “vaulted” Destiny 2 content as a shield against copyright claims backfired when a judge refused to watch a 10 hour lore lesson

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Since October 2024, Bungie has been embroiled in a legal dispute. Science fiction writer Matthew Kelsey Martineau alleges that elements from his story (published under the pen name Caspar Cole) were incorporated into Destiny 2’s original campaign without credit. In an attempt to defend themselves, Bungie presented fan-made YouTube videos and wiki pages as evidence, but the Judge was reluctant to spend hours dissecting intricate lore details.

The unforeseen cost of vaulting

Matthew Kesley Martineau has brought forward a legal claim against Bungie, accusing them of taking key aspects from a narrative he wrote between 2013 and 2014, specifically for the Red War campaign in Destiny 2. Martineau asserts that both his tale and the game include a faction known as the Red Legion, which employs flamethrowers and war hounds.

However, Bungie’s argument is intricate. They’ve archived the Red War campaign (and numerous other early Destiny 2 content) since 2020, making it unavailable for play or access. The reason being that the game’s engine has evolved significantly since then, rendering a return impractical. To bolster their argument, Bungie presented fan-created YouTube videos and wiki pages as evidence, such as a ten-hour deep dive into lore and a two-hour compilation of cutscenes.

On May 2nd, Judge Susie Morgan dismissed Bungie’s argument, deeming the fan-made materials as questionable and insufficiently authentic for the court. She elaborated that evaluating written works against gameplay videos and external sources is excessively complex for a simple copyright case. Consequently, the legal battle persists, as Bungie did not present a convincing defense in this instance.

It’s clearly not what was anticipated when significant parts were taken out from an ongoing game like Marathon. Nobody foresaw such an outcome, but it might serve as a warning to other developers. Perhaps this incident will inspire Bungie to tread more carefully with their upcoming project.

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2025-05-06 18:19