Genuine question about the Bungie aka Destiny 2 lawsuit, if an actual lawyer could help me understand.

Location: WA (Bungie HQ) Not even on Bungies side here I’m just confused about the legality of the prosecutions evidence.

So if you’re unfamiliar with the case, Bungie is a game developing company that made Destiny 2. Within Destiny 2 (I’ll call it D2) is a campaign called “The Red War”, D2 has a had a longer life cycle which means they’ve had to remove some old content to put new content in the game, Bungie said they vaulted the Red War campaign which means it could still be accessed, but that’s apparently not the case.

Bungie messed up somewhere and they can no longer access the content they’ve removed from the current version of the game.

Mathew Martineau, a writer is suing Bungie for copyright infringement claiming that Bungie stole elements of a story from a post on his word blog to put into the Red War campaign. Bungie obviously tried to motion a dismiss which failed because the court decided that the evidence Bungie brought wasn’t sufficient enough. Bungies evidence was about 13 hours of YouTube videos and wiki pages over the content that the lawsuit includes that they thought was the most accurate and effective way to show their in game content without having to REBUILD the game.

So my question is how does Mathew Martineau have a case? If the content is literally in a state that practically doesn’t exist, and the only way to actually see the content would have been through YouTube and other media platforms, but the court denies Bungie for trying to bring that exact form of evidence, how did he bring evidence other than by word of mouth and comparing his word blog to videos made by 3rd party?

Posted May 11, 2025, 4:50 PM UTC · locked

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