This past October, news broke about a copyright lawsuit filed against Destiny 2 studio Bungie. Author Matthew Kelsey Martineau (writing as Caspar Cole) claimed the developer copied elements from his sci-fi writings for the FPS’s Red War campaign – content originally available at launch but later vaulted. In December, Bungie moved to dismiss the case, arguing Martineau’s claims lacked specificity while presenting fan-created videos and wiki entries as evidence that alleged copied concepts were publicly accessible.
However, Judge Susie Morgan recently rejected Bungie’s arguments and allowed the lawsuit to proceed, dismissing YouTube videos and wikis as inadequate comparative evidence. Bungie’s defense cited technical limitations, explaining vaulted content exists in “outdated code [incompatible] with Destiny 2’s operational framework,” preventing direct access to original Red War materials.
The court found third-party materials insufficiently authoritative, especially since Martineau’s complaint referenced only Destiny 2 itself rather than outside sources. Judge Morgan noted the complaint meets key legal thresholds – specifically allegations that Bungie accessed Martineau’s published work before incorporating similar elements into their game, establishing potential “factual copying and substantial similarity.”
While no trial date appears in the ruling, this decision ensures proceedings will continue. For now, observers can confirm the case remains active via court documents, though significant developments may take months.
Related articles
