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With Bungie having a less than stellar history of good code, the mess that would be is insane. They threw us filler (Shadowkeep) to hold us over an extra year (I think it ended up being 17 months) to bring the old content (before Beyond Light) up to running on the updated engine, all they managed was Forsaken. Bringing that content back at this stage could be almost starting from scratch, and they would still have sloppy code.
At this point, it may be cheaper to lose the lawsuit than bring that back anyway.
I'm not a lawyer, but 99% certain you can't place someone under the new TOS if they 'decline' it or don't reinstall because of hearing and reading about the 'vaulting' of content.
Unlike WarFrame, they have never 'unvaulted' anything so far. WarFrame does vaulting because having every drop in the drop pool would dilute it so hard that barely anyone would get what they need/want or if they increased the drop % of those items it would just be every drop is a shiny and thus the dopamine would run out VERY quickly.
Bungie wanted to copy what WarFrame has done with 'vaulting' but did so in the absolute worst way possible to the point of having to walk back most of it anyways. What a mess.
I hope the lawsuit succeeds and forces Bungie to unvault everything and allow players to selectively download content to access that content, aka what it SHOULD be. It can be done but they don't want to spend the money to make that a thing. Content is already (mostly) segregated by planet/area so I don't see any massive technical 'debt' that would hinder it as they mostly said it was a space issue.