By Sagar V. Mankar 
Bungie, the renowned developer behind Destiny 2, has formally responded to a copyright infringement lawsuit concerning its vaulted Red War campaign. First reported by The Game Post, the lawsuit, filed in October 2024 by Louisiana-based writer Matthew Kelsey Martineau, accuses Bungie of plagiarizing core elements from his unpublished works written under the pseudonym “Caspar Cole” between 2013 and 2014.
Martineau claims there are striking similarities between his original creations and Bungie’s game content. Specifically, he points to his fictional alien faction, the Red Legion, which he argues bears a strong resemblance to Destiny 2’s Red Legion Cabal. Additionally, he alleges that his characters, including the alien leader Yinnerah and the weapon Atonizer, were directly mirrored in Destiny 2 by Dominus Ghaul and The Almighty, respectively.
Bungie Pushes Back Against Copyright Claims
On December 20, 2024, Bungie filed its official response to the allegations, categorically denying the claims and requesting the court to dismiss the case outright. In its legal motion, Bungie argues that Martineau has failed to provide sufficient evidence of factual copying or substantial similarities between his works and Destiny 2’s campaign.
The studio’s filing states: “Plaintiff’s Complaint fails to set forth any viable claims against Bungie because Plaintiff failed to plausibly allege that Bungie copied constituent elements of Plaintiff’s work that are original, and, specifically, that the Complaint fails to plausibly allege factual copying by Bungie and that the works incorporated by reference into the Complaint are not substantially similar as a matter of law.”
Bungie further asserts that Martineau’s claims rely heavily on publicly available fan content and third-party websites, weakening the foundation of his arguments. The response includes a statement from Jonathan To, Bungie’s Narrative Lead, who emphasized that the supposed parallels drawn by Martineau do not hold up under scrutiny.
Bungie Seeks Dismissal and Legal Costs
In addition to seeking dismissal of the lawsuit, Bungie is also pursuing reimbursement for legal fees and associated costs under copyright law. The filing concludes with Bungie requesting the court to dismiss the case “with prejudice,” effectively preventing Martineau from refiling the same claims in the future.
Bungie stated: “Bungie respectfully prays that this Court dismiss Plaintiff’s Complaint and all counts against Bungie, with prejudice, and further requests an award of the fees and costs Bungie incurred in defending this claim.”
For now, the legal fate of this lawsuit lies in the hands of the court, and fans of Destiny 2 will be watching closely to see how both the legal case and the game’s future unfold.
Sources: The Game Post.