Bungie has officially responded to the Destiny 2 Red War campaign copyright infringement lawsuit, denying allegations of copying and is seeking dismissal.
Bungie, the studio behind Destiny 2, has officially fired back at a copyright infringement lawsuit alleging it plagiarized elements of its now-vaulted Red War campaign. Filed in October 2024 by Louisiana-based writer Matthew Kelsey Martineau, the lawsuit accuses Bungie of lifting key components from his unpublished works, written under the pen name “Caspar Cole” in 2013 and 2014. (check out Martineau’s work here)
Martineau’s complaint centers on claims of “striking” similarities between his imagined “Red Legion”—a militaristic alien faction—and Destiny 2’s Red Legion Cabal. He also alleged that his characters and concepts, such as the alien leader Yinnerah and the Atonizer weapon, were copied in Destiny 2 as Dominus Ghaul and The Almighty, respectively.
Martineau asserts that Bungie’s work is not only derivative but intentionally plagiaristic. The writer is seeking damages and a court order to prevent Bungie from further using what he alleges to be his copyrighted material.
Bungie Responds to Destiny 2 Red War Lawsuit, Seeks Dismissal
On Friday, December 20, 2024, Bungie filed its official response, firmly rejecting Martineau’s accusations and requesting that the court dismiss the case entirely. Bungie’s legal team argues that the claims are baseless, asserting that Martineau has failed to demonstrate factual copying or substantial similarities between his work and the Destiny 2 campaign.
According to Bungie’s motion, “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.”
“Plaintiff additionally fails to plausibly allege entitlement to statutory damages. For these reasons, and those set forth more fully in the attached Memorandum in Support, Plaintiff’s Complaint should be dismissed in its entirety.”
The response includes a declaration from Jonathan To, Bungie’s Narrative Lead, who pointed out that Martineau’s references to specific gameplay and narrative elements rely on publicly accessible fan-made content and third-party websites.
Bungie is not only asking for the case to be dismissed but is also seeking recovery of legal fees and costs under copyright law.
“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,” Bungie stated in its filing.
In related news, Destiny 2 has reached its lowest player count in history, sparking concern within its community. While Bungie is embroiled in this legal battle, the company is also facing challenges in retaining its player base, raising questions about the future of its flagship title.
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Bungie Fights Back Against Destiny 2 Red War Lawsuit, Calls Writer's Accusations Baseless by TheGamePost on Scribd
