Bungie Reaches Settlement in Destiny 2 Red War Copyright Lawsuit
Bungie has resolved one of its ongoing legal disputes by reaching a settlement in the copyright infringement lawsuit filed by author Matthew Kelsey Martineau, who accused the studio of using story elements from his published works created between 2013 and 2014 in the Destiny 2 Red War campaign and in the characterization of the Red Legion. Martineau initiated legal action last year, alleging unauthorized use of his material in Destiny 2.
Bungie attempted to dismiss the case on the grounds that Martineau had not plausibly demonstrated that the studio copied original creative elements from his writing. However, this effort was hindered by the fact that the entire Red War campaign had been vaulted and was no longer available within the live game, nor compatible with Destiny 2’s current infrastructure. This prevented Bungie from presenting direct in game content as evidence. Attempts to rely on archived YouTube footage, wiki entries, and accompanying declarations were rejected by Judge Susie Morgan, who ruled that such materials were not referenced in the original complaint. As a result, the motion to dismiss was denied, and the case entered an extended discovery phase, giving Martineau additional room to expand his claims.
Following months of legal proceedings, both sides have now reached a settlement, as first reported by The Game Post: Destiny 2 Red War Lawsuit Ends in Full Settlement. The court filing states that negotiations were successful and that all claims have been resolved amicably. The filing does not disclose whether Bungie provided monetary compensation or reached a different form of agreement, and both parties have been granted a sixty day window during which the case may be reopened should either side fail to meet the settlement conditions.
With this development, Bungie closes one legal matter at a time when the company continues to face broader operational challenges and declining Destiny 2 sales. The resolution at least removes one additional burden as the studio focuses on stabilizing its flagship title and addressing ongoing community concerns.
Where do you stand on this case? Should vaulted content remain accessible for legal or archival review, or was Bungie justified in retiring it fully? Share your thoughts with us.
