Bungie’s Motion to Dismiss Destiny 2 Copyright Lawsuit Denied Due to Inaccessible Vaulted Content
Bungie has failed in its attempt to dismiss a copyright infringement lawsuit filed by writer Matthew Kelsey Martineau, after a federal court ruled that the studio’s inability to provide original Destiny 2 content as evidence prevents a proper legal comparison.
The lawsuit, originally filed in 2023, accuses Bungie of lifting narrative elements from Martineau’s science fiction works published in 2013–2014 to craft Destiny 2’s Red Legion storyline. The plaintiff claims that the structure, themes, and elements from his own universe were used without permission in the game’s “Red War” campaign, which debuted with Destiny 2’s original launch in 2017.
Bungie responded with a motion to dismiss, stating that Martineau had “failed to plausibly allege” that Destiny 2 copied original and protectable aspects of his work. As reported by TheGamePost, Bungie argued that Martineau’s claims lacked specificity and that any similarities were generic or non-copyrightable concepts.
However, the studio’s case began to unravel when it was unable to present the original Destiny 2 content for judicial review.
Due to Bungie’s controversial content vaulting practice—which removes older in-game campaigns and missions to streamline Destiny 2’s evolving structure—the Red War and Curse of Osiris campaigns no longer exist in a playable state. In a declaration submitted to the court, Bungie game director Tyson Green explained that the legacy builds “can no longer run because their outdated code is incompatible with Destiny 2’s current operational framework.”
The court, however, was unmoved by Bungie’s explanation. U.S. District Judge Susie Morgan rejected Bungie’s reliance on third-party documentation, including YouTube gameplay recordings, Destinypedia entries, and Green’s declaration, stating:
“While Plaintiff does reference Destiny 2 in his complaint, he does not reference the YouTube videos containing Destiny 2 game footage, the Destinypedia pages, or the Tyson declaration.”
Judge Morgan further noted that this case differs significantly from typical copyright disputes due to the non-availability of the original infringing material, which complicates the standard comparison analysis between the works in question. As a result, she has allowed the case to proceed, denying Bungie’s motion to dismiss.
Vaulting Backfires
This legal setback is more than a procedural hiccup. It sheds light on a broader issue with Bungie’s content management strategy. While content vaulting is marketed as a technical necessity to keep Destiny 2’s file size manageable and its codebase optimized, it also means Bungie has lost access to key elements of its own game—an issue now impacting its legal defense.
The Red War was Destiny 2’s foundational campaign and the first story introduction to the Cabal’s Red Legion. Since being vaulted in 2020, it has been inaccessible to new players and critics alike, creating a significant gap in historical context for the franchise.
This is not only a blow to Bungie’s defense in court but also a symbolic moment for Destiny fans who have long criticized the vaulting system for deleting the game’s legacy and alienating new players.
Whether or not Bungie ultimately prevails in the ongoing copyright dispute, this case sets a noteworthy precedent: game developers may face legal and archival consequences if they permanently remove core content, particularly when that content plays a role in external allegations.
What are your thoughts? Should vaulted content remain accessible for legal or historical purposes, even if it's no longer playable in-game? Share your views in the comments.
