Bungie Faces Copyright Lawsuit For Allegedly Copying Storyline, Characters In Destiny 2’s ‘Red War’ Campaign

By Zuhaad Ali
Image: Bungie via The Game Post

Bungie is being sued in a copyright infringement lawsuit claiming that the developer copied key elements of Plaintiff’s original work for Destiny 2’s “Red War” storyline.

In a new legal dispute, video game developer, Bungie, is being accused of copyright infringement over the storyline in Destiny 2’s Red War campaign. Filed on Wednesday, October 2, 2024, in the United States District Court for the Eastern District of Louisiana, the lawsuit was brought by Kelsey Martineau, a Louisiana-based writer.

Martineau claims that the Red War storyline and the depiction of the Red Legion in Destiny 2 are taken “directly” from his original work published online years before the game’s release in 2017. Martineau alleges that Bungie unlawfully used his ideas, characters, and plot points when creating Destiny 2’s original storyline, the Red War campaign.

Bungie Faces Copyright Lawsuit For Allegedly Copying Destiny 2’s "Red War" Storyline
Image: Bungie

Martineau’s work, written under the “pen name Caspar Cole”, includes a powerful alien faction called the Red Legion, which he describes as “a powerful military force, that is embroiled in an unending cycle of warfare”.

“In 2013 and 2014, Martineau, writing under the pen name Caspar Cole, authored an original work about a unique and captivating fantasy world,” the lawsuit reads. “Martineau published his work on the World Wide Web; the work was published at www.WordPress.com, a well-known online publishing platform freely accessible to anyone worldwide via the Internet.”

According to Martineau, this faction bears striking similarities to the Red Legion Cabal in Destiny 2, which also serves as the main antagonist in the game’s initial storyline.

Destiny 2 Lawsuit Targets Bungie for Alleged Story Theft

In his complaint, Martineau states that the leader of his Red Legion, Yinnerah, has an origin story and motivations almost identical to the Red War campaign’s main villain in Destiny 2, Dominus Ghaul. Both characters, according to the lawsuit, are shown as “societal outcasts who rise to prominence as leaders” and aim to take control of a powerful celestial entity hovering above Earth—Martineau’s Tononob Station and Destiny 2’s Traveler.

“The similarities between Martineau’s primary antagonist, Yinnerah, and Destiny 2’s primary antagonist, Dominus Ghaul, are striking and clearly establish more than a mere coincidence,” the lawsuit reads.

“The rise of Dominus Ghaul from Destiny 2 replicates the rise of Overlord Yinnerah from Martineau’s work; they are both urged, guided, and assisted by outcast mentors (scholars) to overthrow their leaders to rise to power with the intentions of invading Earth.

“In both Martineau’s work (including, without limitation, “The First Defense”) and Destiny 2, rebels fend off Red Legion invaders on Earth against backdrops of burning settlements, ravaged streets, and utter chaos.”

Bungie Faces Copyright Lawsuit For Allegedly Copying Destiny 2’s "Red War" Storyline
Image: via The Game Post

Martineau’s complaint states that Destiny 2’s Red Legion operates under a hierarchy similar to his version, with both factions having soldiers known as “Legionnaires.” Another point is the portrayal of War Beasts in Destiny 2, which Martineau argues are nearly identical to his creation called “Miogas” which are “dog-like creatures used by the Red Legion to further their military tasks.”

The lawsuit further emphasizes the similarities in technology used by the Red Legion in both works, including powerful weapons. Martineau’s story introduces a weapon called the “Atonizer,” a laser-based superweapon that could “spell doom” for the conquered population.

In Destiny 2’s Red War campaign, a comparable superweapon named “The Almighty” is used by Ghaul’s Red Legion to threaten the destruction of Earth’s sun. “Both the atonizer prototype and the Almighty are portrayed as extremely powerful weapons that can bring about the destruction of an entire race,” the lawsuit states.

The lawsuit also alleges other copied details and plot points in Destiny 2’s “Red War” storyline, including Failsafe, Cabal Incendiors Flamethrowers, encrypted messages, the spaceship reactors digital input panels, beacons as “message receivers,” Red Legion transmissions, the concept of “consciousness transfer” – the Exo race, apocalyptic storyline, and more.

Bungie Faces Copyright Lawsuit For Allegedly Copying Destiny 2’s "Red War" Storyline
Image: via The Game Post

Martineau is seeking damages and injunctive relief in the suit. According to the lawsuit, Martineau claims that Bungie’s infringement was “deliberate and intentional,” and he is demanding a jury trial to settle the matter. As of now, Bungie has not responded to the lawsuit.

  • “Requiring Defendants to deliver to Martineau all copies of materials that infringe or violate any of Martineau’s rights described herein.”
  • “Requiring Defendants to provide Martineau with an accounting of any and all sales of products or services that infringe or violate any of Martineau’s rights, as described herein.”

You can read the full 53-page document here.

Bungie Faces Copyright Lawsuit For Allegedly Copying Destiny 2’s 'Red War' Storyline by TheGamePost on Scribd

As of now, Bungie has not responded to the lawsuit.

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