A science-fiction writer’s lawsuit against Bungie, centered on a Destiny 2 rival faction known as the Red Legion, has forced the legal team to utilize YouTube content.

When the lawsuit was initiated, Bungie’s legal representatives claimed they were unable to demonstrate gameplay segments from the previous game as the relevant content is no longer accessible in the current version. Hence, they turned to fan-made videos for support.

Case Background

Last October, Matthew Kelsey Martineau claimed that the Red Legion was inspired by material on his own blog. Bungie’s counter to the lawsuit was filed in December and rejected Martineau’s arguments. However, the fascinating twist is that the storyline relevant to the lawsuit comes from the original Destiny 2 campaign, which was later ‘vaulted,’ meaning it has been removed from the available gameplay.

In court, Bungie’s lawyers noted:

"(1) Destiny 2’s narrative is only available to players in the form of a live-service video game that has changed significantly over time, and (2) physical copies of Destiny 2, and any 2017 version of Destiny 2, are no longer available, the attached videos are the best possible way for the Court to review the accused work."

To illustrate their points, Bungie’s legal team submitted lengthy lore videos from fans, demonstrating the original storyline that isn’t available through official means anymore. This peculiar reliance on archived content from fans raises questions about how developers manage older game content and the legal implications of doing so.