Generally, the legal questions should be addressed to Bungie's legal team; they are not present here on the forum.
But just for discussion's sake:
1. It would be helpful if you'd include the source for said court case result
2. The particular DMCA strike is about a song licensed FOR the game by an artist not in Bungie's payroll. As such, rights to that song are owned by the record label of said artist, NOT Bungie. Meaning, Bungie cannot give you the license to use said music.
3. Just don't stream going into Empty Tank Lost Sector...
P.S. I'm not a Bungie employee nor a lawyer and this is not meant as legal advice.
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My bad on posting it here instead of legal. Thank you for the response tho! 1. Case source https://www.ign.com/articles/bungie-composer-charged-contempt-of-court-destiny-music 2. I understand that particular song was FOR destiny but outside of that lost sector and getting a dmca myself how do you tell if other music is FOR or BY bungie without tapping bungies legal team? 3. Yeah lol my general rule is all game music for any game is always off unless its easily verifiable that the music is 100% okay. The music industry is archaic and outdated lol so I tread with a light foot. I spent 6 hours setting up different recording tracks for normal dmca free music through Spotify so vods/youtube dont magically get a dmca strike.
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Fair usage is allowed, monetary gain directly associated with Bungie's assets is not. Explained in [url=https://www.bungie.net/7/en/Legal/Terms]Terms of Use[/url], specifically "GAME CONTENT USAGE RULES" section.