Bungie is in the middle of what seems like, on its face, a pretty far-fetched lawsuit filed by a man who believes story and lore aspects of Destiny 2 were stolen from work he posted on WordPress well before Destiny 2 launched. But now, in an attempt to show the court that the concepts being cited in content like the D2 Red War campaign and Curse of Osiris DLC are different than his, Bungie has hit a snag. Honestly, a very funny one.
With the release of the Beyond Light expansion, Bungie threw large portions of the game in its unplayable “content vault,” which encompasses the Red War, Osiris and Warmind DLCs and the Forsaken campaign, among other pieces like entire planets. The problem is that because that content cannot be played anymore, even internally at Bungie, they are unable to produce a working copy to show the judge. Rather, they’ve had to submit things like Wikipedia entries and creator lore videos.
The judge has now said that’s not good enough, and rejected Bungie’s motion to dismiss. The thrust of the issue here is that the Plantiff’s lawsuit is not about wikis or lore videos, it’s about content from the literal game, the game that is not able to be produced as actual evidence. A quote:
“Rather than compare a brief movie scene and a copyright for a pinball machine… it appears the Defendant is asking the Court to compare a collection of short writings to thirteen-plus hours of third-party originated YouTube videos of Destiny 2 [and]
several third-party originated online Destinypedia pages.”
This is rather rich for Destiny 2 players, who have long been annoyed that Bungie removed all this content, content they paid for, with the rationale that it had just become technically unsustainable to keep it in the game. That may be true, but seeing this erased content turning into a roadblock is…somewhat amusing for fans, to say the least.
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Osiris
Lost
This doesn’t mean Bungie is about to lose the lawsuit. Even if this is a hiccup, the claims the Plaintiff had made about what was taken seem often seem like very, very generalized science fiction concepts (a large object over the earth). The Plaintiff is claiming outright plagiarism which seems like it will be exceptionally hard to prove given his claims. But how does Bungie prove that, if they cannot produce a working copy of the content in question?
Some fans are wondering out loud if Bungie must now literally rebuild the content to be playable and then they can also throw it in the game again which…seems almost as far-fetched as the lawsuit itself. We’ll see what happens from here with the case, but certainly do not expect that to happen.
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