Bungie Facing Legal Trouble Over Destiny 2’s Red War Campaign

Bungie, the developer behind Destiny 2, is facing a copyright infringement lawsuit over its Red War campaign. Filed on October 2, 2024, in the United States District Court for the Eastern District of Louisiana, the lawsuit comes from Kelsey Martineau, a Louisiana-based writer, who claims that Bungie stole key elements of his original work.

Martineau, who writes under the pen name Caspar Cole, claims that Destiny 2’s Red War storyline and its depiction of the Red Legion were taken “directly” from his work. Martineau published his original stories online in 2013 and 2014, several years before Destiny 2’s release in 2017.

What Are the Specific Allegations in the Lawsuit?

Based on the 53-page document shared via The Game Post, here’s what the key allegations made in the lawsuit against Bungie:

• The Red Legion faction in Destiny 2 is strikingly similar to Martineau’s Red Legion.
• The origin story and motivations of Destiny 2’s villain Dominus Ghaul are almost identical to Martineau’s character Yinnerah.
• Both antagonists (Ghaul and Yinnerah) are portrayed as societal outcasts who rise to prominence as leaders.
• Both stories involve taking control of a powerful celestial entity above Earth (Tononob Station in Martineau’s work, the Traveler in Destiny 2).
• The hierarchy of the Red Legion, including soldiers called “Legionnaires,” is similar in both works.
• Destiny 2’s War Beasts/ Cabal War Beasts are allegedly nearly identical to Martineau’s “Miogas.”
• Both stories feature powerful superweapons: the “Atonizer” in Martineau’s work and “The Almighty” in Destiny 2.
• Martineau’s work depicts Earth in a state of chaos, with burning settlements and ongoing rebel fights against Red Legion invaders—plot element found in Destiny 2’s opening scenes.
• The lawsuit claims similarities in other elements such as:
  • The character Failsafe
  • Cabal Incendiors Flamethrowers
  • Encrypted messages
  • Spaceship reactor digital input panels
  • Beacons as “message receivers”
  • Red Legion transmissions
  • The concept of “consciousness transfer” (the Exo race in Destiny 2)

The list of allegations goes on to include not just general plot points, but highly specific details that Martineau claims were copied. He alleges that Bungie’s use of his ideas was “deliberate and intentional,” and he has requested a jury trial to settle the matter.

If successful, the lawsuit could not only result in significant damages but also force Bungie to halt further use or sale of content related to the Red War campaign.

This legal battle comes at a difficult time for Bungie. The studio recently laid off hundreds of employees in July as part of what it calls a “new path,” adding to the mounting challenges faced by the developer.

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