A better change would be through crowd funding instead of legal action.
Destiny fans could hire Bungie directly and cut out the middle man. It is nearly 2015 and we have a thing called the internet. Why do we need a middle man anyway?
Just have Bungie say: 'Hey this is the game WE want to make, these are it's features, we need X million. Everyone that donates Y dollars gets a copy. ' Problem solved. Established companies like Bungie should have no need for publishers.
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Worked with Poe but only indie companies do this. Bungie is too egotistical for this idea. They keep reminding us they made "the greatest trilogy and games of all time".