The Destiny 2 Red War lawsuit will continue

The gaming industry has seen its fair share of legal battles, but few have drawn as much attention as the ongoing lawsuit between Bungie and writer Matthew Kelsey Martineau, who claims that elements of his unpublished sci-fi work were unlawfully incorporated into Destiny 2‘s Red War and Curse of Osiris campaigns. The recent court decision to reject Bungie’s motion to dismiss has set the stage for what could be a landmark case in gaming copyright disputes.

Martineau, who writes under the pen name Caspar Cole, filed the lawsuit alleging that Bungie lifted key story elements, character concepts, and themes from his unpublished work. Specifically, he argues that the Red Legion, the militaristic faction introduced in Destiny 2’s original campaign, bears a strong resemblance to ideas he created.

Bungie responded by filing a motion to dismiss the case, presenting YouTube videos and fan-made wiki pages as evidence that the storyline was established prior to Martineau’s claims. However, the court ruled that such materials were insufficient for evaluating a copyright dispute, leading to a denial of the dismissal request.

The Court’s Decision and Its Consequences

With Bungie’s dismissal attempt failing, the studio must now prepare to defend itself in court against Martineau’s allegations. The ruling also highlights an unexpected issue in game preservation: Bungie’s controversial practice of vaulting older campaigns—effectively removing them from the game—makes it difficult for both plaintiffs and courts to reference original story content.

This decision sets a precedent for future gaming lawsuits. If Martineau succeeds in proving his claims, it could open the door for more independent writers to challenge major game studios on copyright grounds. Developers may be forced to reconsider how they borrow inspiration or handle their game narratives.

Potential Impact on the Gaming Industry

For developers, the lawsuit underscores the importance of protecting original ideas while remaining vigilant against potential infringement claims. If Martineau’s allegations hold up in court, studios may face stricter guidelines on how they incorporate external concepts.

For players, the case raises questions about game preservation. If older campaigns are removed from the game itself, how can copyright disputes be properly evaluated? This issue will likely fuel discussions around whether companies should be obligated to maintain accessible archives of their content.

As the legal battle unfolds, the outcome of this case could reshape aspects of the gaming industry—particularly in how intellectual property disputes are handled. Whether Bungie prevails or Martineau’s claims lead to a significant ruling, this lawsuit serves as a crucial reminder of the fine line between creative inspiration and copyright infringement.

Via The Game Post