Destiny 2 Red War Lawsuit SETTLED, Bungie Pays Off Blogger Who Claimed Game Stole His Sci-Fi Story After Judge Rejected YouTube Videos As Evidence
Bungie has fully settled a year-long copyright lawsuit with sci-fi writer Matthew Kelsey Martineau over Destiny 2’s Red War campaign on November 14, 2025. The settlement ends a bizarre legal battle where a federal judge rejected Bungie’s attempt to dismiss the case after the studio tried using YouTube videos and fan wiki pages as evidence—because they had permanently deleted the original game content from Destiny 2. Settlement terms remain confidential, but the case became a cautionary tale about removing paid content from live-service games.
BREAKING UPDATE: Judge Susie Morgan issued an order on November 14, 2025, confirming “all parties have firmly agreed upon a compromise” and dismissed the lawsuit in its entirety without costs, with a 60-day window for either side to reopen if the settlement falls apart.
What Was the Destiny 2 Red War Lawsuit About?
Science fiction writer Matthew Martineau filed a lawsuit on October 2, 2024, in the U.S. District Court for the Eastern District of Louisiana claiming Bungie deliberately copied his 2013-2014 WordPress stories for Destiny 2’s original Red War campaign. Martineau, who writes under the pen name “Caspar Cole,” alleged Bungie stole his “The First Defense” storyline, characters, and plot elements for the game’s launch campaign.
The lawsuit centered on claims that Bungie copied Martineau’s militaristic alien group called the Red Legion, led by a power-hungry outcast-turned-warlord named Yinnerah, who wanted to take over a floating space station above Earth. In Destiny 2, players face a faction also called the Red Legion, led by Dominus Ghaul, who shares similar origins and goals.
According to the lawsuit, Martineau initially published his stories on WordPress in 2013 and 2014, several years before Destiny 2 released the Red War campaign in 2017.
Why Bungie Couldn’t Use the Original Game as Evidence
Here’s where the lawsuit became extraordinary. Bungie admitted in court declarations that The Red War legacy build can no longer run because its outdated code is incompatible with Destiny 2’s evolved underlying operational framework, which has evolved considerably since the Red War campaign was retired.
The Red War campaign was removed from Destiny 2 with the release of its Beyond Light expansion in November 2020. Bungie placed the content into their “Destiny Content Vault,” marketing it as temporary storage to streamline game size and performance.
Bungie told the courts that after they removed Destiny 2 Red War from the game, they changed Destiny 2 to such a considerable degree that they could no longer show the original assets and video from Destiny 2 Red War. They then used Destiny 2 Red War fan videos as evidence in court—a decision that backfired spectacularly.
Judge Rejects YouTube Videos as Legal Evidence
Judge Susie Morgan made it clear that just because Destiny 2 is mentioned in the lawsuit doesn’t mean the court can rely on third-party videos or unofficial wikis. The court’s ruling stated: “While Plaintiff does reference Destiny 2 in his complaint, he does not reference the YouTube videos containing Destiny 2 game footage, the Destinypedia pages, or the Tyson [Green, Destiny 2’s game director] declaration.”
“The Court will not consider the exhibits attached to Defendant’s motion to dismiss and will not convert the Defendant’s motion to dismiss to a motion for summary judgment,” the court wrote. “There has not been sufficient time for discovery, and the attachments are admittedly of third-party origination. Their authenticity has not been established.”
Martineau described the YouTube videos as “merely snippets of third-party derivative works that cannot be substituted for the actual infringing Destiny 2 game,” and Destinypedia excerpts as “the work of anonymous Destiny fans randomly uploaded to a third-party site.”
What Copyright Claims Did Martineau Make?
Martineau’s lawsuit identified multiple alleged similarities between his work and Destiny 2:
Character Similarities:
- Both antagonists (Yinnerah and Dominus Ghaul) are portrayed as outcasts who rise to become god-like leaders mentored by disgraced scholars
- Both want to control a powerful celestial entity above Earth (Tononob Station in Martineau’s work, the Traveler in Destiny 2)
Faction Similarities:
- The Red Legion faction in Destiny 2 is strikingly similar to Martineau’s Red Legion, including soldiers called “Legionnaires”
- Destiny 2’s War Beasts/Cabal War Beasts are allegedly nearly identical to Martineau’s “Miogas”
Story Parallels:
- In both works “rebels fend off Red Legion invaders on Earth against backdrops of burning settlements, ravaged streets, and utter chaos”
- Both feature militaristic alien forces seeking to dominate humanity through controlling a celestial power source
The Lawsuit Expanded Beyond Red War
In March 2025, Martineau filed an amended complaint expanding his case to include Destiny 2’s Curse of Osiris expansion, alleging Bungie also copied his work for that DLC.
Martineau claimed his character Exemplar Forinis, a prophetic figure who manipulates timelines to avoid disaster, was copied as Destiny 2’s Osiris, a legendary Warlock “known for his ability to see the future through his study of the Vex, an alien race capable of manipulating time.”
He even referenced his story titled “Infinite Programming,” claiming it inspired the titles for Curse of Osiris’ “Infinite Forest” destination and the “Beyond Infinity” mission.
As the case progressed, Martineau tried to add the Destiny Grimoire Anthology books, saying he recently discovered them and believed they shared even more story beats with his ideas.
Bungie’s Defense Strategy Failed
On 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 argued the claims were baseless and Martineau failed to demonstrate factual copying or substantial similarities.
Bungie asserted that Martineau had failed to demonstrate factual copying or substantial similarities between his work and the Destiny 2 campaign.
However, the motion to dismiss was denied. The court ruled that the lawsuit would proceed, noting that the plaintiff had “sufficiently alleged the elements of an action for copyright infringement.”
According to Forbes, Bungie stated that “there is now no feasible way” to make the Red War or Curse of Osiris campaigns accessible again, due to engine updates and the technical challenges of reintroducing legacy content.
The Settlement: What We Know
A settlement conference was held on November 12, 2025, before Magistrate Judge North, and the talks resulted in the settlement of all claims. The minute entry states: “A settlement conference was conducted on this date before the undersigned Magistrate Judge.”
Settlement Details:
- All claims are dismissed without costs
- No trial will occur unless the settlement fails within 60 days
- Financial terms remain confidential
- Non-monetary conditions (if any) not disclosed
- No public statements from either party
At this time, there is no information on the settlement terms. We do not know the amount, whether any non-monetary conditions were included, or how the final agreement treats the Red War, Curse of Osiris, or the Grimoire Anthology.
The 60-day window means the settlement must be completed by January 13, 2026, or either party can request the case be reopened.
Case Information and Timeline
Official Case Details:
- Case Name: Martineau v. Whaleco Inc. d/b/a Temu (Bungie), et al.
- Case Number: 2:24-cv-02974
- Court: U.S. District Court for the Eastern District of Louisiana
- Judge: Hon. Susie Morgan
- Magistrate Judge: Hon. North
- Defendants: Whaleco Inc. D/B/A Bungie (operated by Bungie, Inc.) and PDD Holdings Inc.
Key Timeline:
- 2013-2014: Martineau publishes sci-fi stories on WordPress
- September 2017: Destiny 2 launches with Red War campaign
- November 2020: Bungie removes Red War from Destiny 2 via Content Vault
- October 2, 2024: Martineau files copyright lawsuit
- December 20, 2024: Bungie files motion to dismiss
- March 24, 2025: Martineau files amended complaint adding Curse of Osiris
- May 2025: Court denies motion to dismiss, case proceeds
- November 12, 2025: Settlement conference held
- November 14, 2025: Judge Morgan dismisses case with settlement approval
Who Was Matthew Martineau?
Matthew Kelsey Martineau is a Louisiana-based science fiction writer who published under the pen name “Caspar Cole.” He posted his stories on WordPress between 2013 and 2014, making them publicly viewable during Destiny 2’s development period.
Martineau claimed Bungie deliberately copied and appropriated his copyrighted content while developing Destiny 2, arguing his works were publicly available on WordPress at the time.
His lawsuit demanded financial compensation for copyright infringement and an injunction to potentially halt Destiny 2’s distribution if necessary.
How This Affects Destiny 2 Players
Content Vault Implications: The lawsuit highlighted serious concerns about Bungie’s Content Vault system. The Content Vault, originally marketed as a way to streamline game size and performance, now appears to be a permanent removal rather than temporary storage, contradicting earlier messaging.
Players lost access to paid content they purchased, and this lawsuit proved Bungie cannot restore it even when legally necessary.
Red War Return Unlikely: Some fans believed Bungie would be ‘forced’ to bring back Destiny 2’s Red War because of this case, but that would create new complications including new costs of development and the judge once again having to meticulously study if it will stand as evidence in court.
The settlement means no court order requires content restoration, and Bungie has confirmed restoration is technically impossible.
Precedent for Live-Service Games: This case could set a precedent for how live-service games handle content removal and legal accountability. Game developers may now face increased scrutiny when removing paid content permanently.
Other Bungie Lawsuits Continue
This is not the only legal issue Bungie has been facing. A separate lawsuit involving former Destiny 2 game director Christopher Barrett is still active. Barrett sued Bungie and Sony, seeking $200 million and accusing Bungie of wrongful termination to avoid paying around $50 million.
Barrett was reportedly fired from Bungie after at least eight female employees came forward and reported that Barrett had made them feel “uncomfortable” and “behaved inappropriately toward them.”
Legal Precedent and Industry Impact
Copyright claims based on narrative similarities face significant challenges. Copyright claims based on similarities in narrative storylines and elements of stories, in whatever jurisdiction they are brought, are typically difficult to prove.
The settlement avoids establishing legal precedent on whether common sci-fi tropes—like alien invasions, celestial entities, and militaristic factions—can be copyrighted when combined in specific ways.
Key Legal Questions Left Unanswered:
- Can game developers use YouTube videos as legal evidence?
- Are content vault systems legally risky for studios?
- What constitutes copyright infringement in game narratives?
- Do players have rights to permanently removed paid content?
What Destiny Players Should Know
Your Rights:
- No compensation available to Destiny 2 players affected by content removal
- The settlement was between Martineau and Bungie only
- Players cannot join this lawsuit or file related claims
- Content Vault removals continue under Bungie’s terms of service
Content Access: The Red War, Curse of Osiris, and other vaulted content will not return. Bungie has confirmed technical restoration is impossible without rebuilding campaigns from scratch.
Future Purchases: Consider that any Destiny 2 content may be permanently removed in future Content Vault cycles. Bungie’s terms of service permit content removal without refunds.
How to Verify Case Information
Official Court Records: Access case documents through PACER (Public Access to Court Electronic Records) at pacer.gov using case number 2:24-cv-02974 in the Eastern District of Louisiana.
Legal Databases:
- CourtListener.com provides free access to federal court documents
- Justia.com offers case tracking and document access
- The Game Post has published detailed coverage and obtained court filings
Settlement Status: The 60-day settlement completion window runs through January 13, 2026. If terms are not met, either party can request case reopening.
Frequently Asked Questions
What was the Destiny 2 Red War lawsuit about?
Science fiction writer Matthew Martineau sued Bungie claiming the studio deliberately copied his 2013-2014 WordPress stories for Destiny 2’s Red War campaign, alleging copyright infringement of characters, plot elements, and the Red Legion faction.
Was the Destiny 2 lawsuit settled?
Yes, Bungie and Martineau reached a full settlement on November 12, 2025, and Judge Susie Morgan dismissed the case on November 14, 2025, ending the year-long legal battle. Settlement terms remain confidential.
How much did Bungie pay in the settlement?
Settlement financial terms were not disclosed. The parties agreed to confidential terms, and no payment amounts have been publicly revealed.
Why couldn’t Bungie use the original Red War campaign as evidence?
Bungie admitted The Red War legacy build can no longer run because its outdated code is incompatible with Destiny 2’s evolved underlying operational framework. The content was permanently removed and cannot be restored.
Did the judge accept YouTube videos as evidence?
No, Judge Susie Morgan rejected YouTube videos and Destinypedia wiki pages, ruling “The Court will not consider the exhibits attached to Defendant’s motion to dismiss” because they were “of third-party origination” with “authenticity not established.”
Will Red War content return to Destiny 2?
No. Bungie stated “there is now no feasible way” to make the Red War or Curse of Osiris campaigns accessible again, due to engine updates and technical challenges. The settlement does not require content restoration.
Can Destiny 2 players join the lawsuit or get compensation?
No. The lawsuit was between Martineau and Bungie only. Players affected by content removal cannot join this case or claim compensation through this settlement.
What is Bungie’s Content Vault?
The Destiny Content Vault is Bungie’s system for removing legacy content from Destiny 2, implemented with the Beyond Light expansion in November 2020. Originally marketed as temporary storage, it now appears to be permanent removal.
Are there other Bungie lawsuits?
Yes, former Destiny 2 game director Christopher Barrett is suing Bungie and Sony, seeking $200 million and accusing Bungie of wrongful termination to avoid paying around $50 million. That case remains active.
What does this mean for live-service games?
This case could set a precedent for how live-service games handle content removal and legal accountability. Developers may face increased scrutiny when permanently removing paid content players purchased.
Legal Disclaimer: This information is for educational purposes only and does not constitute legal advice. The Destiny 2 Red War lawsuit, settlement terms, and legal implications may involve confidential agreements and sealed court documents. Consult official court resources, review case documents independently through PACER, and contact a legal professional for specific questions about copyright law, gaming litigation, or intellectual property rights.
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About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
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