Bungie and Louisiana-based science‑fiction writer Matthew K. Martineau have reached a confidential settlement in a year‑long copyright dispute over Destiny 2’s original "Red War" campaign, according to court filings that formally dismissed the case while the court retains limited jurisdiction to enforce the agreement.
What happened
A settlement conference held before a magistrate judge on 12 November 2025 resolved all claims between the parties, the minute entry states. A subsequent order from U.S. District Judge Susie Morgan confirmed that “all parties have firmly agreed upon a compromise” and dismissed the action without costs. The court gave the parties a 60‑day window to reopen the case if the settlement is not consummated and reserved jurisdiction to enforce the terms if needed.
Neither side has publicly disclosed the settlement terms, so it remains unclear whether the deal includes monetary compensation, licensing terms, or any non‑monetary conditions.
The origins of the dispute
Martineau filed suit in October 2024, asserting that Bungie’s 2017 launch campaign for Destiny 2 — commonly referred to as the Red War — and later pieces of Destiny lore borrowed key creative elements from stories he published online in 2013–2014 under the pen name "Caspar Cole." His amended complaints alleged similarities in factions (a militaristic "Red Legion"), characters, weapons and plot beats, and later expanded to include the Curse of Osiris expansion and volumes of the Destiny Grimoire Anthology.
Bungie repeatedly denied the allegations and moved to dismiss the case, arguing Martineau had not shown factual copying or substantial similarity. Those dismissal motions were rejected in part, and the case survived to discovery.
Why preservation and the "content vault" mattered in court
A central procedural hurdle for Bungie was that the original Red War campaign had been removed from Destiny 2 years earlier as part of the studio’s content "vaulting" process. Plaintiffs argued the missing in‑game material hindered Martineau’s ability to prove access and similarity; Bungie argued the same absence harmed its ability to defend itself.
Because Bungie could not produce a working legacy build containing the vaulted campaign, it tried to rely on third‑party sources — YouTube playthroughs, fan lore videos and wiki entries — to show what the original campaign contained. Judges found those third‑party retellings insufficient at the early stage of litigation to resolve the substantive questions, and the evidentiary gap complicated Bungie’s dismissal efforts. Legal observers and several outlets noted the case as an example of how game preservation choices can have unanticipated legal consequences.
Perspectives and stakes
- Martineau maintained the studio’s work was "intentionally plagiaristic," seeking damages and injunctive relief. He expanded his claims during litigation to encompass additional Destiny content as discovery unfolded.
- Bungie denied wrongdoing and pressed that Martineau had not carried the burden required to prove copying, asserting independent creation.
- The court’s dismissal reflects only that parties reached a compromise; settlements typically do not constitute an admission of liability by either side.
- Oct 2024: Martineau files the initial lawsuit alleging copyright infringement related to Destiny 2’s Red War campaign.
- Dec 2024–Mar 2025: Bungie files motions to dismiss; Martineau amends and expands claims to include Curse of Osiris.
- May 2025: Court declines to dismiss the suit in full, allowing litigation to continue.
- Nov 3, 2025: Martineau files a second amended complaint adding the Destiny Grimoire Anthology.
- Nov 12, 2025: Settlement conference; parties reach agreement.
- Nov 14, 2025: Court order dismisses case while retaining jurisdiction for 60 days to enforce settlement.
Broader context for Bungie
The settlement arrives amid multiple legal and reputational challenges for the studio. In 2025 Bungie acknowledged using an external artist’s work in its Marathon project without permission. Separately, former Destiny 2 director Christopher Barrett has an active $200 million wrongful‑termination suit against Bungie and Sony. Sony has also disclosed impairment losses connected to Destiny 2 in financial filings after acquiring Bungie.
Industry commentators have flagged the case as a cautionary tale on two fronts: the importance of preserving original builds and assets for legal defense, and the reputational risk that arises when multiple intellectual‑property disputes pile up against a single developer.
Timeline (key dates)
What this leaves unanswered
Because the settlement is confidential, many factual and legal questions remain unresolved in the public record: the extent (if any) of monetary payment, whether Bungie agreed to attribution or licensing terms, and whether the agreement includes any industry‑wide implications for future claims. The 60‑day window the court left open also means the dismissal could be reopened if the parties fail to consummate their agreement.
For now, the lawsuit will not proceed to trial and both parties have stepped away from public litigation, closing a contentious chapter in Destiny’s post‑launch history while leaving the broader debates about creative borrowing, preservation and accountability in the games industry unsettled.