Matthew Kelsey Martineau alleged that Bungie copied elements of his earlier writings in Destiny 2’s Red War story. The case did not produce a court finding that Bungie infringed copyright: after the court declined to decide the similarity question at the motion-to-dismiss stage, the parties reportedly settled all claims in November 2025. The settlement terms were not disclosed.
What Martineau alleged
Martineau sued Bungie in the U.S. District Court for the Eastern District of Louisiana. He said he had written works in 2013 and 2014 under the pen name Caspar Cole, and alleged that Destiny 2 used protectable elements from those writings. The court’s May 2, 2025 order summarizes the allegations; it does not establish that the works were copied. Read the court’s order.
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As described in the amended complaint, Martineau alleged that his writings included a Red Legion military force, a leader named Yinnerah, a celestial entity above Earth, war beasts, flamethrower-like weapons, beacon messages and technology involving transferred consciousness. He claimed parallels with Destiny 2 elements including the Red Legion, Dominus Ghaul, the Traveler, war beasts and beacons. Those comparisons were his allegations, not findings by the court.
What the court decided in May 2025
Bungie sought dismissal and offered gameplay videos and third-party explanatory material to support a comparison of the works. The court declined to use those materials as substitutes for the actual works: their authenticity had not been established, and discovery had not had sufficient time to proceed. It said a merits decision based on the court’s judgment of the works’ similarity was inappropriate at that stage.
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That ruling did not decide whether infringement occurred or validate Martineau’s allegations. It left the substantial-similarity question unresolved on the record then before the court. The case later settled before the cited sources show a trial verdict.
The case timeline
- 2013–2014: Martineau says he authored the writings at issue under the pen name Caspar Cole.
- September 6, 2017: Destiny 2 was released, according to the court’s summary of the allegations.
- October 2, 2024: Martineau filed his copyright-infringement complaint.
- May 2, 2025: The court issued its order on Bungie’s motion to dismiss and the parties’ proposed comparison materials.
- November 12, 2025: The parties attended a settlement conference, according to PC Gamer.
- November 17, 2025: PC Gamer reported that all claims had been settled and the action dismissed. The order allowed reopening within 60 days, upon good cause shown, if the settlement was not consummated.
Settlement and what remains undisclosed
PC Gamer reported that the parties settled all claims after the November 12 conference. It quoted the dismissal order, which dismissed the action as to all parties without costs and allowed a party to seek reopening within 60 days, upon good cause shown, if the settlement was not consummated. The report did not disclose the settlement terms and identified no admission of wrongdoing by either side. It also does not document a later reopening. Read PC Gamer’s November 17, 2025 report.
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PC Gamer also reported that Martineau’s claims expanded to Curse of Osiris and that he tried to add claims concerning Destiny Grimoire Anthology books. These were reported allegations and attempted claims, not findings that those works or books infringed copyright.
Quick Recap
Rank #4
- Available 9.3.18. Playable 9.4.18 at 10AM PDT
- Destiny 2
- Expansion I: Curse of Osiris
- Expansion II: Warmind
- Destiny 2: Forsaken
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