Case 2:24-cv-02387-SM-MBN Document 1 Filed 10/02/24 Page 1 of 53

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

MATTHEW KELSEY MARTINEAU, CIVIL ACTION NO. __________

Plaintiff,
JUDGE: ____________________
v.
MAG. JUDGE: ________________
BUNGIE, INC., a Delaware
corporation; DOES 1-10, inclusive, VERFIED COMPLAINT FOR
Defendants. COPYRIGHT INFRINGEMENT
JURY TRIAL DEMANDED

VERIFIED COMPLAINT

NOW INTO COURT, through undersigned counsel, comes Plaintiff

KELSEY MARTINEAU (“Plaintiff” and/or “MARTINEAU”), who asserts this

action for copyright infringement under the Copyright Act of 1976, Title 17 U.S.C.,

§§ 101 et seq., and who hereby pleads and alleges as follows:

THE PARTIES

1. Martineau is an individual of the full age of majority domiciled in

this judicial district in the State of Louisiana.

2. Martineau is informed and believes, and on that basis alleges, that

Defendant Bungie, Inc. (“Bungie”) is a corporation registered, formed and

currently existing in good standing under the laws of the State of Delaware.

Martineau is informed and believes, and on that basis alleges that the business
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address of Bungie is Bellevue Galleria, 550 106th Ave NE #207, Bellevue, WA

98004.

3. The true names and capacities, whether individual, corporate,

associate, or otherwise, of the defendants sued herein as Does 1-10 inclusive, are

unknown to Martineau, which has therefore sued said defendants by such fictitious

names. These defendants may include individuals whose real identities are not yet

known to Martineau, but who are acting in concert with one another, often in the

guise of Internet aliases, in committing the unlawful acts alleged herein.

4. Martineau will seek leave to amend this complaint to state their true

names and capacities once said defendants’ identities and capacities are

ascertained. Martineau is informed and believes, and on that basis alleges, that all

defendants sued herein are liable to Martineau as a result of their participation in

all or some of the acts set forth in this complaint. (All of the aforementioned

defendants collectively are referred to herein as “Defendants.”).

5. Martineau is informed and believes, and on that basis alleges, that at

all times mentioned in this complaint, each of the Defendants was the agent of

each of the other Defendants and, in doing the things alleged in this complaint,

was acting within the course and scope of such agency.

JURISDICTION AND VENUE

6. This is a civil action seeking damages, injunctive relief, and other

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equitable relief under the Copyright Act, 17 U.S.C. § 101 et seq. This Court has

subject matter jurisdiction over Martineau’s claim for copyright infringement

pursuant to 28 U.S.C. §§ 1331 and 1338(a). The claims asserted herein arose in

this judicial district and all Defendants do business in this judicial district.

7. Additionally, this Court has subject matter jurisdiction pursuant to 28

U.S.C. § 1332 because the amount in controversy exceeds the sum or value of

$75,000, and the action is between a Louisiana citizen and citizens of a foreign

jurisdiction.

8. This Court has personal jurisdiction over Defendants because they

have purposefully directed their activities at the State of Louisiana and have

purposefully availed themselves of the benefits of doing business in the State of

Louisiana. Martineau is informed and believes, and on that basis alleges, that,

without limitation:

a) Defendants have distributed and continue to distribute the video

game “Destiny 2” (hereinafter “Infringing Game”) in the State of Louisiana

through distribution channels operated within the State of Louisiana.

Martineau is informed and believes, and on that basis alleges, that Defendants

distributed the Infringing Game worldwide, including in the United States and

in the State of Louisiana;

b) Defendants conduct extensive and ongoing business with

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customers in the State of Louisiana, including through in-game purchases

made by customers in the State of Louisiana. Defendants extensively promote

and advertise those in-game purchases. Martineau is informed and believes,

and on that basis alleges, that such in-game purchases included charges made

to customers in the State of Louisiana;

9. Defendants have directed their unlawful activities at Martineau,

including by deliberately copying and appropriating Martineau’s copyrighted

content. Defendants did so knowing and intending that Martineau would be harmed

by their conduct in the State of Louisiana, where Martineau is domiciled.

10. Defendants advertise and market the Infringing Game in the State of

Louisiana, and communicate directly with users in the State of Louisiana, including

for the purposes of soliciting downloading of the Infringing Game by such users,

and in-game purchases by such users.

11. Defendants enter into contracts with numerous citizens of the State of

Louisiana, including each Louisiana resident end-user that installs and plays the

Infringing Game on his or her device(s).

12. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) because

this is a judicial district in which a substantial part of the events giving rise to the

claims occurred, and/or in which Martineau’s injury was suffered.

13. Martineau is the legal owner of Copyright Registration TX 9-339-250

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MARTINEAU’S WORK

14. In 2013 and 2014, Martineau, writing under the pen name Caspar Cole,

authored an original work about a unique and captivating fantasy world.

15. Martineau published his work on the World Wide Web; the work was

published at www.WordPress.com (“WordPress”) a well-known online publishing

platform freely accessible to anyone worldwide via the Internet.

16. WordPress’s online organizational system featured key-word hypertext

links that allowed readers to easily search and explore content on WordPress,

including Martineau's published work.

17. Martineau's imaginative work is set in multiple locations including on

Earth (Blue Opposed planet), as well as other planets. Martineau’s work introduces

the notorious Red Legion, a powerful military force, that is embroiled in an unending

cycle of warfare throughout these locations including the Land of the Crimson Sky,

a territory seized by the Red Legion.

18. Known for their brutal tactics, which include using flamethrowers

known as– “flame atonizers” - and war beasts called “miogas” - the Red Legion

wreaks chaos and destruction in civilian settlements.

19. The Red Legion is structured hierarchically, with titles like

"Legionnaire" and "Conscript" denoting the chain of command.

20. At the forefront of the Red Legion is Yinnerah, a once lowly court jester

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on the planet Itonoi who rose to power and a leadership position within the Red

Legion.

21. Using his position as a means to gain knowledge and influence,

Yinnerah holds a prominent position within the Red Legion in the Ainobot Sector.

22. Despite his imprisonment in “thought and space”, Yinnerah's ambitions

remain strong, as seen in Martineau's poem "Yinnerah's Omen," wherein he plots an

impending invasion of Earth.

23. Yinnerah ascends from these lowly beginnings eventually attaining

total power and dominion over the Red Legion, referring to himself as “The Red

God”.

24. Martineau's writings also introduce Tononob Station, a massive

celestial entity hovering above Earth that houses valuable assets, including the

bioengineered species Fion Donork II.

25. Yinnerah, as leader of the Red Legion, has his sights set on seizing

Tononob Station to further his goals of dominating Earth.

26. Throughout Martineau’s work, messages are continually transmitted

through beacons that update the reader on different events occurring in this fantasy

world.

27. A number of these messages reference a weapon called an “atonizer”

that has the potential to “spell doom” for the conquered population through the use

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of an “enhancement beam”.

28. The beacon messages often provide warnings for those in receipt after

the beacon is activated using an “input panel”.

29. Red Legion Analyzation Team 232 monitors the activities of the Red

Legion, including those on Earth and the planet Gala-Tar.

30. Additionally, Martineau's work introduces the concept of transversion

technology, which allows individuals to merge minds and consciousness into

different beings across different timelines.

31. In Martineau’s poem “Our Minds,” an unknown entity from a distant

future communicates through transversion to merge with a receiver’s consciousness;

consciousness transfer is a recurring event throughout Martineau’s work.

THE INFRINGING WORK

32. Bungie developed and released a video game set in a fantasy world

entitled Destiny 1.

33. Although widely distributed, Destiny 1 was considered a commercial

disappointment.

34. Bungie then publicly announced the decision to release an entirely new

fantasy-based video game entitled Destiny 2.

35. Bungie set an aggressive timeline for the development and release of

Destiny 2, which was to share little, if any, content with Destiny I.

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36. It was well publicized that the development team for Destiny 2 was

forced to scrap a majority of their work midway through development in order to

start over again.

37. Thereafter, Bungie had a mere sixteen (16) months to completely start

over; Bungie was required to develop and finalize the game before the publicized

release date of September 2017.

38. This retooling included a complete shuffling of the development team;

during the reboot, a number of prominent and longtime Bungie employees left or

were forced out of the company.

39. The game’s director was also let go and replaced by Luke Smith, who

was brought in to help direct development of Destiny 2 alongside Christopher Barrett

and Ryan Ellis.

40. The developers of Destiny 2 wanted to eliminate old content carried

over from Destiny 1 in order to focus on entirely new aspects. Smith stated: “The

scope of what we delivered took a toll on the Bungie team. The grind of working on

Destiny 2 was wearing people down.”

41. Bungie is an American video game company that is now a subsidiary

of Sony Interactive Entertainment.

42. Bungie’s “Destiny 2” encompasses many sub-narratives or “seasons”

that include: Red War; Curse of Osiris; Warmind; Season of the Outlaw; Season of

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the Forge; Season of the Drifter; Season of Opulence; Season of the Undying;

Season of Dawn; Season of the Worthy; Season of Arrivals; Season of the Hunt;

Season of the Chosen; Season of the Splicer; Season of the Lost; Season of the Risen;

Season of the Haunted; Season of Plunder; Season of the Seraph; Season of

Defiance; Season of the Deep; Season of the Witch; and Season of the Wish.

43. On September 6, 2017, Bungie released Destiny 2, introducing players

to a captivating and fantastical world, where the players must defend the Last City

on Earth from the Red Legion, led by the main antagonist Dominus Ghaul.

44. In Destiny 2, players battle an invading force known as the “Red

Legion”.

45. The Red Legion attacks “the Traveler”, a powerful celestial entity that

hovers above the Last City, provides light and protection to the Last City.

46. The Traveler is straddled by the Red Legion's war machinery, which

includes prominent use of flame throwers.

47. Dominus Ghaul, the ruthless leader of the Red Legion, claims that the

Traveler and its light belong to him.

48. As players traverse through the war-torn Last City, the players must

fight off war-beasts and eventually board ships with other survivors to battle the Red

Legion once again.

49. Meanwhile, Dominus Ghaul and his lieutenant admire their new asset,

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the Traveler, with plans to use its power to install Ghaul as the emperor of the

conquered land.

50. They confront a prisoner, the speaker for the Traveler, who refuses to

choose Ghaul as its representative.

51. A caravan of ships heads to the European dead zone with the goal of

reaching the "shard of the Traveler."

52. Players must fight their way through the Red Legion to reach the shard,

where the light from the Traveler invigorates the player, and they are tasked with

rallying survivors to fight back against the Red Legion.

53. Players must traverse through salt mines, fighting off the enemy Fallen,

and eventually finding a way to power an elevator to escape.

54. After exiting the mines, players must hand over a booster to activate a

beacon that shares a message from Zavala, the leader of the Guardians; the message

describes the loss of the Last City and advises remaining Guardians to rally on the

planet Titan.

55. Throughout the game, the ultimate goal of the Red Legion remains

constant - to capture the Traveler and use its light to empower Dominus Ghaul.

Indeed, the Red Legion forms the backbone for the entire storyline that unfolds in

the infringing game of Destiny 2.

56. Although Destiny 2 offers an immersive and thrilling gaming

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experience that keeps players on the edge of their seats, the game is based directly

on Martineau’s source work.

SIMILARITIES BETWEEN MARTINEAU’S WORK AND DESTINY 2

57. Both Martineau’s work and “Destiny 2” detail the rise of a young

and ambitious alien with the intent of dividing and conquering Earth in order to

gain strategic asset(s).

58. The characters involved throughout both works display very similar

attitudes, histories, and mindsets, and it is only through a very unique set of actions

(occurring in both works) that initiate the initial invasion of Earth.

59. The rise of Dominus Ghaul from Destiny 2 replicates the rise of

Overlord Yinnerah from Martineau’s work; they are both urged, guided and

assisted by outcast mentors (scholars) to overthrow their leaders to rise to power

with the intentions of invading Earth.

60. In both Martineau’s work (including, without limitation, “The First

Defense”) and Destiny 2, rebels fend off Red Legion invaders on Earth against

backdrops of burning settlements, ravaged streets, and utter chaos.

61. The tactics of both alien “Red Legion” invaders from Martineau’s

work and Destiny 2 mimic one another, and their goals directly overlap in both

narratives.

62. In both works, leaders (Dominus Ghaul from Destiny 2 and Overlord

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Yinnerah from Martineau’s work) are driven by hubris and a desire for control,

and represent the primary antagonists of the works.

63. In both works, conquests of the antagonist leaders are driven by

perceived weaknesses of the opposing rebel forces.

64. In both works, technology is described in identical ways, with

parallel uses and ethical dilemmas.

65. In both works, rebel factions rise up to resist imminent threats of

invasion by the Red Legion at the same moment in both plotlines.

66. In both works, the Red Legion is described as powerful, ruthless

invading force driven by malignant goals; it is only through cooperation and

coordination that rebel resistance fighters can hope to defeat the malevolent Red

Legion invaders.

67. In both works, the Red Legion invades and decimates Earth at the

same point in both narratives; the Red Legion is ruthless, shows little mercy and

considers itself superior to humanity and the opposing rebel forces on Earth.

68. In both works, the Red Legion sets its sights on a floating city/station

that houses strategic assets.

69. In both works, spaceships are used at similar points in the narratives,

while individuals, technologies, and aliens on board the space ships serve similar

purposes within the parallel narratives.

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70. In both works, quests for significant relics and weapons play a pivotal

role and characterizes both Overlord Yinnerah and Dominus Ghaul.

71. In both works, the Red Legion is keenly interested in acquiring

superweapons that can turn the tide of both wars.

72. Both works focus on concepts relating to consciousness transfer and

the ethical dilemmas surrounding it.

73. Both works include a number of directly corresponding elements or

features as more fully described herein and as set forth in the following table:

Martineau's Work Destiny 2

In Martineau's works, we observe the rise of a In Destiny 2, we also observe the rise of a
young and ambitious male alien with young and ambitious male alien. Dominus
malignant desires. The plot commences with Ghaul's story begins in the dangerous
Yinnerah on the alien world of Cion IV [the wastelands of the Cabal homeworld, Torobatl
alien "Cionotiae" homeworld] in the Tetran [the alien "Cabal" homeworld]. Found as a
Nebula Canyon, a dangerous and unforgiving young orphan, he was taken in by a disgruntled
gas-filled canyon on the planet. Serving as a member of Emperor Calus's court named "The
young jester in Daon [Queen] Sinestria's court Consul" a former advisor and scholar who had
and taking instruction from a secret mentor, fallen out of favor of the court. Like Lord
Lord Xionbur (a sage and scholar that holds no Xionbur, The Consul is a scholar.
position in Sinestria's court). Lord Xionbur is
a scholar.

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Martineau's Work Destiny 2

The young Yinnerah, through wit and the The Consul saw young Ghaul not only as an
guidance of Xionbur (who notably hates outcast but as a tool of immense potential to
Sinestria), overthrows Daon Sinestria. After execute his own ambitions of overthrowing
taking his seat as supreme ruler of the Ainobot Calus (The Consul considered Calus weak and
Sector and The Red Legion, Overlord indulgent). The Consul trained and
Yinnerah sets his sights on invading and indoctrinated Ghaul and he evolved from an
conquering earth in order to both destroy all orphan into a warrior. The Consul manipulated
resisters and claim Tononob Station/City [A Ghaul into overthrowing Emperor Calus.
floating city/station] which houses an Dominus Ghaul then set his sights on the Last
advanced engineered species that, if obtained, City on Earth, home to the Guardians and their
could cause annihilation/the end for "The power source called The Traveler. Ghaul knew
Opposed." (a military faction that consists of that if he obtained the Traveler's Light, he
humans and other opposers of The Red would wield unimaginable power and subject
Legion) "The Guardians" to his tyrannical rule.
In the preliminary invasions outlined in Subsequent to Ghaul's rise (when opening
Martineau's works, the narrative unveils the gameplay of Destiny 2 commences) the player
Red Legion's scorched-earth tactics on Earth. is placed in the midst of the Red Legion's
Red Legion legionnaires destroy and incinerate assault on the Last City. As players emerge,
buildings within a settlement in Tononob City, they find the city engulfed in flames and
leaving it in ashes while simultaneously wreckage, with surviving "Guardians" and
eliminating numerous "Opposed" and civilians. civilians fighting desperately against the
This initial invasion is referred to as "The First
invaders. Players navigate through the burning
Defense." ruins of a settlement with ravaged streets,
while fending off waves of Red Legion
legionaries amidst explosions and gunfire. The
opening game interaction has the player
"Holding the Line" with a mission objective as
"Defend the Tower" as a Red Legion ship
sends hordes of enemies that the player must
defend against.
Martineau's narratives display Overlord As the player continues it is made clear that the
Yinnerah as a formidable leader/commander of Red Legion is both well trained, have not been
the The Red Legion and the defeated, and operate under strict military
troops/legionnaires are presented as well protocol and trust the Dominus Ghaul
trained and operating under strict military implicitly.
protocol and trust Yinnerah.
As the battle continues on the ground, there is The player then escalates to the upper
a simultaneous battle taking place above the atmosphere where there are battles taking
atmosphere. This is revealed within the place and boards a Red Legion Command Ship
narrative in a journal by Pseudo Engineer named "The Immortal" in order to deactivate
Bariuy. He mentions malfunctions that the shields so the Guardian Ships can penetrate
occurred in missile bays as well as damage the hull and destroy The Immortal. However
suffered from The Opposed onboard "The the Immortal is not destroyed in the attack,
Blue Torque" only severely damaged.

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Martineau's Work Destiny 2

The Red Legion's decimation, made apparent The player then gets hurt and following a
by "Torched buildings" and "destroyed dramatic cutscene, limps through the destroyed
communes" after the attack on a settlement in Last City that shows the utter decimation
Tononob City leaves the infrastructure in instilled by The Red Legion. As the player
shambles and the population almost totally continues in a weakened state, he spots Red
eradicated. The Red Legion that has Legion troops patrolling the once lively city
"destroyed them all [referring to The without any civilians/Guardians in site.
Opposed/civilians]" shows no mercy, even on
the remaining population.
Throughout this portion of the narrative (as The player is then informed by his companion
well as many others, the use of broadcasting, (the ghost mechanical floating device) that The
beacons, and emergency signals is utilized Red Legion is killing powerless Guardians
extensively for communicating, including from the area and he then picks up an
instances of emergency broadcasts. This emergency broadcast beacon signal warning all
includes broadcasts of signals but during and Guardians/civilians to evacuate.
prior to of both prior to Red Legion invasions.
The preliminary/early aforementioned also As the player continues in this weakened state,
includes a Red Legion Legionnaire proudly he must fight his way through a group of
petting his "Mioga" a tri-eyed doglike creature trained, Red Legion Warbeasts which are
from the planet Linich utilized by The Red trained hounds of war.
Legion. They are trained hounds of war.
Throughout many of Martineau's works The player then vacates the Last City, and a
relating to Overlord Yinnerah, he is referred to cutscene displays Dominus Ghaul and The
omnipotent and sees ZT920's (humans) and Consul discussing the "greed and corruption"
The Opposed as lesser beings that are far of the previous Emperor, Calus. The Consul
beneath him. Overlord Yinnerah, is refers to Dominus almost as an omnipotent and
characterized by his dominant presence, grand unstoppable figurehead. Additionally,
schemes, and deity-like importance and both throughout this scene and the game in its
himself and others state this concerning him. entirety, Ghaul looks upon humans/Guardians
as lesser beings. Ghaul, characterized by his
dominant presence and grand schemes,
discusses themes of fate, leadership, and quests
for greater power in this portion of the game.
Multiple portions of Martineau's work, The player then embarks to reunite the
(including the invasion and skirmishes that fit Vanguard by reuniting their leaders-
into this precise location the timeline) include Commander Zavala, Ikora Rey, and Cayde- 6-
beacons containing Red Legion encrypted who have scattered across different locations.
messages that utilize shapes, numbers and When entering Titan to search for Zavala, the
cryptic codes that users of these input stations player receives a "beacon" claiming there are
must decrypt. multiple Red Legion "transmissions to
decrypt" and they must gain access to the
"control center" in the station.

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Martineau's Work Destiny 2

After the initial invasion of The Red Legion, a After the transmissions are decrypted, Zavala
beacon is accessed by "Caspar" (a tells a story (in a cutscene) describing a
ZT920[human] that plays an interactive role in weapon called "The Almighty" that has the
the story) that describes a potent weapon ability to annihilate stars, cause utter
known as the "atonizer" that is a powerful destruction, and "threatens their [the
"beam" weapon that possesses far-reaching, guardians] very existence. Ghaul and his
destructive consequences for humanity and mentor, The Consul, envisioned and
potentially the universe. Furthermore, it was constructed the Almighty to secure their
invented by Yinnerah and Xionbur and then dominance. Ghaul deployed the Almighty as
stolen. The Opposed fear Yinnerah obtaining part of his grand strategy to conquer the solar
this weapon, as his former mentor Xionbur system. The weapon was not only a means of
displayed familiarity with it and Yinnerah destruction but also a tool of intimidation,
himself sent Red Legion ships to retrieve demonstrating the Red Legion's capacity for
information about its whereabouts after it was annihilation. Ghaul's ambition is also
stolen. Additionally, The Opposed utilizes referenced during this cut-scene with the quote
time-based propaganda in an attempt to "Nothing-and no one-survives Ghaul's
prevent its invention. Both "The Opposed" and ambition." With a subsequent quotation stating
"The Red Legion" display interest in this that "The War is Over" considering Ghaul is in
weapon subsequent to the invasion of Earth possession of The Almighty. Both "The
and numerous individuals throughout the Guardians" and "The Red Legion" have an
narrative put their lives at risk at the expense immense interest in this weapon during and
of either finding it or preventing it's invention. subsequent to the invasion of Earth and
numerous individuals throughout the narrative
put their lives at risk at the expense of
controlling or destroying it.
While elaborating on the "Enhancement Subsequent to the cutscene, the player then
Beam" within the same portion of Martineau's sets off to locate other members of the team.
narrative, Caspar (while using a digital input While doing so, the player encounters
panel) receives a message which outlines a "Failsafe" an artificial intelligence integrated
specific "fail-safe" designed to reverse the into the systems of a crashed colony ship on
impact of an "enhancement beam" and change Nessus. Accessible through control panels
the surrounding physics for a considerable within the ship's interior, she serves as the
duration. primary interface and operating system for
managing its functions. Failsafe assists in
shutting down a power source at the origin
point of a Vex portal system.

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Martineau's Work Destiny 2

Immediately after the enhancement beam is After encountering Failsafe on Nessus, the
mentioned within the narrative, the concept of concept of Exo consciousness transfer is
transversion is introduced. This is a system introduced in Destiny 2's narrative through the
used to merge both minds and character of Cayde-6. Exos, created by
consciousnesses. The narrative also presents transferring human consciousness into robotic
"transversion" as an ethically complicated bodies, embody an ethically complex
technology that could potentially alter the technology. This process, developed by Clovis
future, prompting questions about its Bray during the Golden Age, raises significant
responsible usage. The moral and ethical ethical questions about identity, autonomy, and
questions regarding it are explored in the moral implications of affecting memories.
numerous portions of the narrative and users These dilemmas prompt a deeper reflection on
often (through journals) question the morality the responsible use of such advanced
of such actions. The technology is utilized by technology and its potential impact on the
not only The Red Legion in Martineau's future of humanity, as the Guardians navigate
works, but by and on numerous other factions the aftermath of the Red Legion's invasion and
(sometimes unknowingly). Transversing their ongoing fight against the forces
consciousnesses in the narrative introduces a threatening the Last City. It should also be
mode of delivering propaganda to intended noted that the Clovis Bray corporation utilized
targets in order to accomplish certain tasks in propaganda to promote their technological
this portion (and throughout other portions) of advancements and to paint a positive image of
the narrative. their contributions to society due to the ethical
quandaries surrounding it.

INFRINGING AND DIRECTLY CORRESPONDING ELEMENTS

74. Yinnerah and Dominus Ghaul

a) In Martineau’s works, Yinnerah starts out as a lowly court jester

orphan who eventually rises to power and leads the Red Legion to invade

Earth.

b) Yinnerah has aspirations of capturing Tononob Station, a

celestial entity floating above Earth with valuable assets.

c) In Martineau’s works, Yinnerah is often referred to as “The Red

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God”.

d) In Destiny 2, Dominus Ghaul is the leader of the Red Legion and

invades earth.

e) Throughout the game, Dominus Ghaul reflects on his lowly

beginnings as an orphan, and sets his sights on the Traveler which is a celestial

entity floating above Earth with a valuable asset – an energy called “the light”.

f) When Ghaul attempts overthrow the Traveler he refers to himself

as “a God”.

75. The similarities between Martineau's primary antagonist, Yinnerah, and

Destiny 2's primary antagonist, Dominus Ghaul, are striking and clearly establish

more than a mere coincidence.

76. Both Yinnerah and Dominus Ghaul share a similar origin story,

beginning their journeys as societal outcasts who rise to prominence as leaders of

the same militaristic group, the Red Legion, with intentions to invade Earth.

77. Their ambitions are similarly aligned as both characters seek to capture

valuable assets residing in celestial entities floating above Earth.

78. Both characters seek to destroy Earth and its inhabitants.

79. Both characters harbor grandiose perceptions of themselves, both being

referred to as "Gods".

80. These overlapping and unmistakable characteristics reveal a clear

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pattern, suggesting that the creators of Destiny 2 did not simply gain inspiration from

Martineau’s narrative, but have instead used Martineau's Yinnerah as a blueprint for

their character, Dominus Ghaul.

81. Dominus Ghaul, who was still referenced after his death on numerous

occasions throughout Destiny 2, and still makes appearances on Defendant’s social

media accounts.

82. Destiny 2's creators blatantly copied Martineau's work (including,

without limitation, the character Yinnerah) by incorporating Dominus Ghaul, as a

key antagonist in the Destiny 2 video game.

83. The Red Legion

a) In Martineau’s work, The Red Legion is a militaristic faction

involved in warfare and conquest; throughout the work, Martineau repeatedly

assigns the title of “Legionnaire” to single members of the Red Legion.

b) The Red Legion invades Earth with the goal of dominating the

Earth, Tononob station, and other assets.

c) The Red Legion uses scorched-earth tactics, as exemplified by

its agents who systematically destroy civilian settlements for its leader,

Yinnerah, demonstrating the Red Legion's relentless and ruthless militarism.

d) These objectives reflect an amalgamation of philosophical and

militaristic ideologies of the Red Legion.

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e) In Destiny 2, individual members of the Red Legion are referred

to as “Legionnaires”.

f) The Red Legion is a militaristic group that seeks to conquer the

Traveler and Earth under the iron-fisted rule of its supreme leader, Dominus

Ghaul.

g) The Red Legion invades Earth, and Dominus Ghaul shares his

lofty ambitions while his hierarchical military faction – The Red Legion –

wreaks havoc on Earth in order capture the Traveler’s Light.

h) Even after Dominus Ghaul’s death, the Red Legion continue to

fight and destroy; although leadership in the Red Legion changes throughout

the game, this military group continues to wreak havoc in Destiny 2.

84. The shared characteristics between Martineau's Red Legion and

Destiny 2's Red Legion prove direct copying of Martineau's original work.

85. In both works, The Red Legion is depicted as a militaristic faction,

ruthlessly engaged in warfare with the goal of controlling Earth.

86. The striking resemblance continues with their scorched-earth tactics,

wherein the Red Legion systematically destroys civilian settlements under the

command of their leaders, Overlord Yinnerah (in Martineau's work), and Dominus

Ghaul (in Destiny 2). Significantly, both leaders share similar titles, indicating that

they are masters of their respective forces.

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87. Notably, both factions invade Earth.

88. The similarities in their ideologies, methodologies, and objectives are

so profound that they point to more than mere coincidence.

89. The Red Legion in Destiny 2 – as well as the reference to individual

members as “Legionnaires” - is a direct, unaltered copy of the Red Legion as

reflected in Martineau’s work.

90. The creators of Destiny 2 did not independently create their version of

the Red Legion but instead have wrongfully copied Martineau's original creation.

91. The Red Legion is referenced and makes appearances throughout the

video game, Destiny 2, to this day.

92. Red Legion Monitors Earth

a) In Martineau’s work, the Red Legion has been monitoring beings

on Earth and another planet for 50 galactic transecs, noting that they have not

made contact yet.

b) One Earth specimen consumes mind-altering stimulants while

the other longs for a soul connection with another being; these specimens meet

the required criteria and have a strong connection.

c) The Red Legion decides not to interfere with these beings.

d) The Red Legion’s monitoring and oversight can be seen in

Martineau’s work and is delivered by a ranking member of the Red Legion

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known as Conscript A-59.

e) In Destiny 2, Dominus Ghaul examines Earth from his spaceship.

f) While planning and sharing his ambitions, he receives updates

from lower ranking Red Legion members through a high-ranking member of

the Red Legion who has known Dominus Ghaul since his lowly beginnings.

g) Dominus Ghaul listens to these updates as he carries out his plan

of domination and dictatorship.

h) His rule requires the ongoing monitoring of Earth to ensure that

objectives are met timely and in accordance with his overall plans.

i) The Red Legion’s ongoing monitoring of Earth continues well

after Ghaul’s death - for instance, the Red Legion monitors Earth with the aim

of colliding the Almighty with the Last City.

93. The startling narrative parallels between Martineau's depiction of the

Red Legion's surveillance of Earth and the similar narrative in Destiny 2 reflects

direct copying of Martineau’s work.

94. In Martineau's work, the Red Legion, a militaristic faction, is described

as monitoring beings on Earth for an extended period, withholding direct contact

while observing their behavior and connections.

95. This is a unique narrative element that gives rise to a sense of

omnipresent danger and suspense.

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96. Remarkably, Destiny 2 employs an almost identical narrative device,

where the Red Legion, through Dominus Ghaul and other Legionnaires, also observe

and monitor Earth from a spaceship, receiving updates about the planet through a

high-ranking member of the Red Legion.

97. The monitoring of Earth by the Red Legion as a narrative element was

originally conceived by Martineau and later directly copied and duplicated in

Destiny 2.

98. Miogas and War Beasts

a) In Martineau’s work (including in multiple poems such as, for

example, “Miogas”, “Here”, “The Journals of Young Frini – Part I”), the

miogas are dog-like creatures used by the Red Legion to further their military

tasks.

b) The mioga creatures have multiple heads and march with the Red

Legion during their military conquests.

c) The miogas are controlled by the Sovio – a ranking member of

the Red Legion – who uses an incomprehensible dialect to communicate with

the creatures.

d) For example, the following quote is directly from Martineau’s

work, “Nonsense, the Sovio Legionnaire said as he patted his mioga’s second

head. We’ll burn them all.”

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e) In Destiny 2, the Red Legion uses war beasts to fight those who

oppose their mission.

f) The war-beasts are allied with the Red Legion and are directed

to attack players for the purpose of carrying out the Red Legions’ military

goal.

g) During a portion of the game called the Twilight Gap, a Red

Legion warrior gives arm signals; simultaneously, Red War beasts come from

multiple angles and attack the player to stop the player from moving forward

against the Red Legion.

h) In Destiny 2, the war beasts take direct orders from the Red

Legion warrior and attack the opposition.

99. The identical element of animal-like creatures assisting the Red Legion

appears in both Martineau's work and Destiny 2.

100. Martineau’s work features the Miogas, dog-like creatures with multiple

heads that serve the Red Legion in their military endeavors.

101. The Miogas are portrayed as loyal and are commanded by the Sovio, a

high-ranking member of the Red Legion who communicates with them in an

incomprehensible dialect.

102. This intricate detail of communication between the Red Legion and the

Miogas highlights the depth of Martineau's creativity.

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103. In Destiny 2 - “war beasts,” - creatures that are loyal to the Red Legion,

help the Red Legion in their fight against their adversaries.

104. Like the miogas, the war beasts take direct orders from the Red Legion;

the similarities extend to a scene where a Red Legion warrior gives arm signals to

the war beasts, mirroring Martineau’s depiction of the Sovio communicating with

the miogas.

105. The similarity between the miogas in Martineau's work and the war

beasts in Destiny 2, shows that the creators of Destiny 2 copied Martineau’s work,

and continue to use this concept of the miogas directly in their game. The following

images reproduced from Destiny 2 reflect that this subject matter was clearly copied

from Martineau’s work:

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106. Atonizer and The Almighty

a) Martineau describes different types of weapons as “atonizers.”

b) For example, in the poem entitled, “Receiving message via

Beacon submerged_arctic 1259” Martineau describes a weapon called the

“atonizer prototype” as a very powerful weapon that “will spell doom for your

race….”

c) Further describing the atonizer, Martineau wrote “There is a

‘fail’ safe on the digital input panel – it will reverse all effects of the

enhancement beam – and permanently alter the physics of the surrounding

locale for approximately 4 mega-secs.”

d) In Destiny 2, the Almighty is also a weapon that uses a laser-

beam to destroy stars, penetrating the stars and causing them to explode,

destroying nearby inhabited planets.

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e) The Almighty is used by the Red Legion and its leader Dominus

Ghaul to dominate and destroy planets; the Almighty is Ghaul’s prized

possession that helps him conquer and realize his ambitions.

f) In Destiny 2, Dominus Ghaul points the Almighty at earth’s sun

and threatens the existence of all earth’s inhabitants.

g) Zavala, the leader of the Vanguard, calls for help to fight against

the Red Legion and to attack the Almighty to save earth.

h) The Almighty, abandoned by the defeated Red Legion, is sent to

collide with earth to destroy the Last City, making a final attempt to destroy

the Last City with their superweapon.

107. Both the atonizer prototype and the Almighty are portrayed as

extremely powerful weapons that can bring about the destruction of an entire race.

108. In Martineau's work, the atonizer prototype, with its enhancement

beam, is depicted as having the ability to "spell doom for your race".

109. Similarly, in Destiny 2, the Almighty utilizes a blue laser-beam to

destroy stars and, consequently, nearby inhabited planets.

110. In both works, these weapons are linked to an antagonistic force, the

Red Legion to dominate and destroy Earth.

111. Use of these weapons by the Red Legion in both works leads to a call

for help and resistance.

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112. Flame Atonizer and Flame Thrower

a) In Martineau’s work, a poem entitled “Receiving message via

Teletronic receiver 342-43k-VI”, Red Legion Conscript 765 rebels against his

superior, Sovio Legionnaire Ebior Annion, by turning a weapon on him.

b) Martineau’s work states “Conscript 765 apparently turned a

heationo flame atonizer on Annion just after he’d issued a command.”

c) In “The Journals of Young Frini – Part I”, Martineau writes:

“Nonsense,’ the Sovio Legionnaire said as he patted his mioga’s second head.

‘We’ll burn them all.’”

d) Martineau also writes, “I closed my eyes and heard the flame of

the weapon crackle. I felt the heat sear my eyebrows. ‘What? What are you

doing?’ the Legionnaire’s song turned to screams of despair. I’ve never felt

more relieved.”

e) Martineau’s work clearly describes flame-based weaponry that

is used extensively by the Red Legion.

f) In Destiny 2, members of the Red Legion called “Incendiors” are

specialized combat units equipped with flamethrowers to eradicate both foot

soldiers and structures with searing flames.

g) These Red Legion Legionnaires use flame-based weaponry

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powered by fuel tanks carried on their backs to destroy the opposition.

h) There are different types of Incendiors described throughout

Destiny 2: The Red Legion Incendiors; Cabal Deserter Incendiors; Imperial

Incendiors; Shadow Incendiors, and Nightmare Incendiors.

i) All of these Incendiors use flame-based weaponry to fight their

opponents.

113. In Martineau's work, the Red Legion Conscript 765 employs a heationo

flame atonizer as a weapon against his superior, Sovio Legionnaire Ebior Annion.

This flame-based weapon is depicted as being powerful enough to incite fear and

despair, signifying its destructive capabilities.

114. In Destiny 2, the Red Legion employs a specialized combat unit known

as the Incendiors who are equipped with flamethrowers that are used to decimate

both foot soldiers and structures with searing flames.

115. The Incendiors flamethrowers, like the heationo flame atonizers in

Martineau's work, are highly destructive weapons, suggesting a similar level of

power and capability.

116. In both Martineau’s work and Destiny 2, the flame-based weaponry is

associated with the Red Legion, showing a shared thematic link between the two

works. The following images reproduced from Destiny 2 reflect that this subject

matter was clearly copied from Martineau’s work:

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117. Beacons as message Receivers

a) In Martineau’s work, the poem entitled, “Receiving message via

Beacon submerged_arctic 1259”, the work describes a beacon for receiving

messages.

b) The messages in this work describe transversion testing and other

topics related to the Red Legion.

c) In Martineau’s work, the poem entitled “Our Minds” describes a

“hidden beacon” through which messages can be received. In Martineau’s

work, the poems entitled “Receiving message via Teletronic receiver 342-

43k-VI”, “Receiving message via Hidden Stellar”, “Receiving message via

Hidden Stellar Dock 348x8-VI”, all describe beacons as processors for

receiving messages concerning the Red Legion.

d) In Destiny 2, the guardians receive a message identified by

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Suraya, stating “there is an incoming beacon”; the message is processed

through an electronic screen.

e) The message is from Zayala, the leader of the vanguard, who is

displayed on the electronic screen.

f) The message says, “Guardians… the City is lost… if there is any

Light left in the system, we rally on Titan. Be brave.” Beacons are used for

other purposes within the game throughout Destiny 2.

118. Martineau's works consistently depict the use of beacons as devices for

receiving messages, particularly messages pertaining to the Red Legion.

119. This concept is present throughout Martineau’s work, such as

“Receiving message via Beacon submerged_arctic 1259”, “Receiving message via

Teletronic receiver 343-43k-VI”, “Receiving message via Hidden Stellar”, and

“Receiving message via Hidden Stellar Dock 348x8-VI”.

120. In Destiny 2, the guardians receive a message identified by Suraya as

"there is an incoming beacon". The message, processed through an electronic screen,

is from Zayala, the leader of the vanguard, and relates to rallying the remaining

warriors to fight the Red Legion.

121. Red Legion Transmissions

a) In Martineau’s work, multiple transmissions mention the Red

Legion. In the poem entitled “Receiving message via Teletronic receiver

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342-43k-VI” the first message about the Red Legion ends with a notice that

reads “<End of Transmission>”. In the poem entitled “Receiving message via

Hidden Stellar dock 8b689b-XI”, there are two separate transmissions labeled

“Transmissions 3,821” and “Transmissions 8,480”, both of which are about

the Red Legion and its leader, Yinnerah.

b) In Destiny 2, the guardians intercept Red Legion encrypted

message transmissions, including messages regarding Dominus Ghaul. The

player’s goal is to focus on deciphering the Red Legion transmission.

122. In Martineau's work, a recurring theme is the use of beacons to receive

and interpret transmissions pertaining to the Red Legion and its activities.

123. This concept is evident in pieces such as “Receiving message via

Teletronic receiver 342-43k-VI” and “Receiving message via Hidden Stellar dock

8b689b-XI”, where the transmissions often conclude with a clear end note.

124. In Destiny 2, the guardians intercept Red Legion transmissions, with

the goal of decrypting these messages.

125. Encrypted Messages

a) In Martineau's work, encrypted messages play a crucial role in

the overall narrative of the work.

b) These messages are often transmitted through various types of

beacons, which serve as channels for communication.

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c) Characters often must decipher or act upon these encrypted

messages.

d) In Martineau’s work entitled “Receiving message via Hidden

Stellar dock 4x776- VII”, the encrypted message is described clearly in a

portion of the work that states “…Decrypt and authorize for personal

recording….”

e) In the same poem, certain words are translated to help the reader

comprehend the message; “Translations for unknown words will be provided

after original words. Audio translated by language sub processor beacon,

square 9, circle 22.”

f) The characters must interpret codes and transmissions, often

leading to major plot developments.

g) In Destiny 2, the player intercepts Red Legion encrypted

transmissions.

h) The player’s goal is to focus on decrypting the transmission.

126. In Martineau's work, encrypted messages play a crucial role; the

encrypted messages are transmitted through beacons functioning as communication

channels, and the encrypted messages must be deciphered.

127. Similarly, in Destiny 2, during and after the Red War, players must

intercept and decrypt encrypted Red Legion message transmissions; in Destiny 2 a

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player must decrypt puzzles using mysterious shapes and numbers that directly

mimics the way characters Martineau’s work must also decrypt messages using

shapes and numbers.

128. The graphic below depicts a segment of Destiny 2 where the player’s

main task is to assist in the decryption of a Red Legion transmission – “Now it’s

time to focus on those intercepted Red Legion transmissions….”

129. Digital Input Panels

a) In Martineau’s work, digital input devices are used for receiving

messages through audible transversions.

b) Digital input panels are also part of the atonizer prototype that

can limit its laser-beam capabilities.

c) Overall, the digital input panels and devices are portrayed as

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tools for communication and control in the narrative.

d) A similar means of messaging is also described through use of a

“…personal audio input device….”

e) In Destiny 2, messages are received through a beacon or

electronic receiving station, and then processed through an electronic screen.

f) Before the message can be processed, the player is tasked with

meeting Hawthorne to provide a “booster” used to process a message at an

electronic receiving station.

g) The electronic receiving station and “booster” can be seen below.

130. The digital input devices in Martineau's work and the "booster" in

Destiny 2 both serve the same core function – the devices are vital tools for receiving

and processing encrypted messages.

131. In Martineau's work, the digital input devices are primarily employed

to receive messages through audible transversions.

132. In Destiny 2, the "booster" plays the same role – a player's mission is

to procure this "booster," which is then inserted into an electronic receiving station

to enable the processing of a message.

133. The "booster" of Destiny 2, like Martineau's digital input devices, is an

essential tool for communication. It serves as an intermediary, facilitating the

transmission and receipt of crucial information. The following images reproduced

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from Destiny 2 reflect that this subject matter and the use of digital input panels was

clearly copied from Martineau’s work:

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134. Spaceship Reactors

a) In Martineau’s work entitled “Receiving message via Hidden

Stellar dock 4x776- VII” an engineer reports the following, “…Pseudo

Engineer Bariuy reporting for log 23,532 via standard issue Legion personal

audio input device. Days upon days I’ve worked on this ioniatic [unavailable]

conversion matrix – but the ship’s reactor rejects all changes to [translation

error] … but I’m not sure if it’s a good idea. The atonicon [unavailable]

missile bays likely can’t withstand that much heco-tontic pressure….”

b) In Destiny 2, players are tasked with destroying a Red Legion

ship’s central core to prevent the Almighty from destroying Earth.

c) Thus, inflicting damage and causing ship reactor issues is one of

the ways that the Guardians seek to prevent Dominus Ghaul from destroying

Earth.

d) Players are also tasked with helping a struggling ally stuck in a

teleportation time-loop; at the end of the task, the ally – Cayde – is found at

the spaceship’s reactor core.

e) Also in Destiny 2, a player is told to “Destroy the Ship’s

Reactor” for purposes achieving its objective during the Lightfall campaign.

135. Martineau's work features an engineer grappling with difficulties

concerning a ship's reactor, implying potential destruction and a threat to the ship

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and beyond.

136. This theme shows striking parallels to the plot in Destiny 2, where

players are tasked with destabilizing a ship's central core to prevent global

catastrophe

137. The narrative elements involving ship reactor complications and the

resulting consequences in Destiny 2 copy themes and scenarios present in

Martineau's work. The following images reproduced from Destiny 2 reflect that this

subject matter was clearly copied from Martineau’s work:

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138. Tononob Station and The Traveler

a) In Martineau’s narrative, Tononob Station is described as a space

station and inhabited city that is floating above Earth and occupied by a human

species.

b) In “Vessel Transversion Log 390, 509” Martineau writes,

“…Yinnerah wishes to take Tononob Station, floating above what you

would refer to as India. It is now an elevated city that houses a human

engineered species. This engineered species, the Fion Donork II’s, can prove

useful….”

c) Tononob Station is described as holding a valuable asset desired

by Yinnerah.

d) In Destiny 2, the Traveler is a floating celestial entity above Earth

that contains a power source called “the Light.”

e) Dominus Ghaul’s main objective is to control the Light and to

use the Traveler’s power to further his power. The Traveler contains a critical

asset coveted by Dominus Ghaul.

139. In Martineau's work, Tononob Station is a floating city above Earth,

housing a valuable asset; the antagonist, Yinnerah, seeks to control this station to

further Yinnerah’s conquest of Earth.

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140. Similarly, in Destiny 2, the Traveler is a floating celestial entity above

Earth containing a valuable asset - "the Light." Destiny 2’s antagonist, Dominus

Ghaul, seeks to take control of the Traveler for its power.

141. Thematic elements of a valuable entity floating above Earth, which an

antagonist desires to control, are present in both works.

142. Apocalypse and Ending Species

a) In Martineau’s work “Pac’s Oracle – Book 29”, the following

prophecy is shared: “There will be one that comes forth, Another entity

chosen by Pac, the Archon of The Tonrit VI Cluster. He will arrive prior to the

Tsi Resina apocalypse in Earth year 2022.”

b) The same work provides... “If this is received by a 21st, 22nd, or

23rd century inhabitant, prepare for invasion and possible extinction.”

c) In another work titled “Yinnerah’s Omen”, Martineau writes:

“Purge these lands and make ready the Legion, through time and space they’ll

claim this region their new found home. This land they’ll roam.”

d) In Destiny 2, Dominus Ghaul’s ambition to destroy Earth and

its inhabitants is shared repeatedly throughout its narrative.

e) Dominus Ghaul points the Almighty at the earth’s sun with

plans to annihilate the sun and thereby destroy Earth as a result.

f) The Almighty, abandoned by the defeated Red Legion, is sent

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to collide with earth to destroy the Last City.

143. In Martineau's work, the looming threat of an apocalyptic event is a

central theme.

144. Similarly, in Destiny 2, the theme of apocalypse is central to its

narrative, wherein the annihilating force is the Red Legion intending to destroy

Earth.

145. The shared impending apocalyptic theme represents a prominent

narrative device in both works. The following images reproduced from Destiny 2

reflect that this subject matter was clearly copied from Martineau’s work:

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146. The Red Fox and Skulking Fox

a) In Martineau’s work, “Audible Transversion”, the Red Legion’s

exploration attempts after being freed by their leader, Yinnerah are described

as follows: “…After the Lord, Yinnerah, granted us freedom, we looked to

new worlds….”

b) The work further describes the Red Legion’s explorations as

follows: “Separating those – separating the very essence of the sky could

prove to be difficult. Interceptions and interferences.

c) The Red Fox has set out to obtain the Dr. specifically assigned to

the prototype atonizer.”

b) In Destiny 2, the Skulking Fox is a space ship used by the

Guardians in furtherance of their own objectives throughout the game.

147. In Martineau's work, "Audible Transversion", the Red Fox is a

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spaceship used by the Red Legion in its exploration endeavors. The spaceship is

described as setting out with a specific objective, to obtain the Doctor assigned to

the prototype atonizer.

148. This theme of a dedicated mission involving a spaceship is closely

mirrored in Destiny 2, wherein the Skulking Fox is a spaceship used by the

Guardians to achieve their objectives throughout the game.

149. Consciousness Transfer

a) In Martineau's work, the concept of consciousness transfer is a

significant theme.

b) Martineau introduces a method known as transversion, which

allows for the transfer of Sovio consciousness into a different species.

c) This concept represents a technological or metaphysical process

that allows a consciousness or “essence” to be relocated or copied from one

being to another.

d) During the Collapse, the Exos' memories were shattered and

nearly all knowledge of their origins lost as well. In the Dark Age that

followed, the Exos helped build the Last City alongside their organic brethren,

with many going on to become Guardians.

150. In Martineau's work, the concept of consciousness transfer, known as

"transversion", is a significant theme. This process involves the transfer of Sovio

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consciousness into a different species using a technological or metaphysical process

that facilitates the relocation or copying of consciousness from one being to another.

151. In Destiny 2, the Exos are portrayed as the brainchildren of Clovis Bray

I, who developed Exos as a means for humans to attain immortality; this involves

transferring human consciousness into robotic bodies through “Transversive Steps”,

(an in-game purchase option in Destiny 2) closely mirroring the concept of

"transversion" in Martineau's work.

152. In Martineau’s work, “Receiving message via Beacon

submerged_arctic 1259” the digital input panel on the atonizer prototype is described

as having a fail-safe mechanism that can reverse the effects of an enhancement beam

and permanently alter the physics of the surrounding area for a certain period of

time.152. In Destiny 2, Failsafe is an artificial intelligence that helps the player

find Cayde and disable equipment of the Red Legion. Using Failsafe, players are

able to reach the reactor core to complete their mission. Failsafe also assists in the

search for Captain Masoud Jacobson.

153. In Martineau's work, a fail-safe mechanism in the atonizer prototype

acts as a crisis aversion tool, reversing the effects of an enhancement beam.

154. In Destiny 2, an artificial intelligence named Failsafe guides players to

avoid obstacles and achieve objectives, functioning as a preventive tool.

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155. Violence within the Red Legion

a) In Martineau’s work, “Receiving message via Teletronic

receiver 342-43k-VI” a member of the Red Legion turns on a superior and

commits an act of violence against his superior:

b) In the most recent instances of annihilation efforts, the Red

Legionnaires have annihilated the last of the Blue Offenders, or slang-termed,

The Opposed.

c) While in other reports, a Conscript of Sovio Legionnaire

Annion has apparently gone rogue.

Sovio Legionnaire Ebior Annion, commanding legionnaire of

Conscripts 762-778, is one of the most aspiring and ascending

commanding officers. Conscript 765 apparently turned a heationo

flame atonizer on Annion just after he’d issued a command.

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d) In Destiny 2, Dominus Ghaul is challenged by his close friend regarding

the means by which the Light will be extracted from The Traveler.

b) His friend challenges Dominus Ghaul by telling him that he has

“…been wasting his time.” As a result, Ghaul kills his friend in retaliation for

his disrespect.

156. In Martineau's work, the Red Legion is a powerful force experiencing

internal strife, such as when a member rebels against a superior.

157. In Destiny 2, the Red Legion is a formidable entity with inner turmoil,

shown when Dominus Ghaul kills his friend over a disagreement. The following

images reproduced from Destiny 2 reflect that this subject matter was clearly copied

from Martineau’s work:

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COUNT I

(Copyright Infringement)

158. Martineau re-alleges and incorporates by reference the allegations in

paragraphs 1 through 157, as if set forth fully herein.

159. Martineau is the owner of valid and enforceable copyrights in his

published works. Martineau has registered or applied for registration for

copyrights in said works, including United States Copyright Registration TX 9-

339-250.

160. Defendants have deliberately and intentionally copied the characters,

storyline, and other protectable expression from Martineau’s works in the

Infringing Game.

161. Martineau has never authorized or given consent to Defendants to use

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their copyrighted works in the manner complained of herein.

162. Thus, Defendants have infringed, and are continuing to infringe,

Martineau’s copyrights by reproducing, adapting, distributing, publicly

performing, and publicly displaying, and authorizing others to reproduce, adapt,

distribute, publicly perform, and publicly display copyrighted elements of

Martineau’s works without authorization, in violation of the Copyright Act, 17

U.S.C. § 501 et seq.

163. Defendants’ acts of infringement are willful, in disregard of, and with

indifference to, the rights of Martineau.

164. As a direct and proximate result of the infringements alleged herein,

Martineau is entitled to damages and to Defendants’ profits in amounts to be

proven at trial, which are not currently ascertainable.

165. Martineau further is entitled to his attorneys’ fees and full costs

pursuant to 17 U.S.C. § 505.

166. As a result of Defendants’ acts and conduct, Martineau has sustained

and will continue to sustain substantial, immediate, and irreparable injury for

which there is no adequate remedy at law. Martineau is informed and believes,

and on that basis alleges, that unless enjoined and restrained by this Court,

Defendants will continue to infringe Martineau’s rights in Martineau’s works.

Martineau is entitled to temporary, preliminary, and permanent injunctive relief to

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restrain and enjoin Defendants’ continuing infringing conduct.

COUNT II.

CONTRIBUTORY COPYRIGHT INFRINGEMENT

167. Plaintiff repeats and reiterates each and every allegation of

paragraphs of the Complaint marked 1 through 166 as if more fully set forth at

length herein.

168. Upon information and belief, all Defendants used and copied

Plaintiff's works without Plaintiff's permission or knowledge.

169. Upon information and belief, all Defendants' copying of Plaintiff's

works was done so that Defendants would be able to take over, for their own profit

and advantage Plaintiff's works.

170. Upon information and belief, all Defendants induced, participated,

and aided and abetted in, and profited from, the copying of Plaintiff's works by

Defendant BUNGIE.

171. By reason of the foregoing copying, all Defendants copied or aided

and assisted in the copying and performing of Plaintiff's works in various media

without permission of Plaintiff, which is an infringement of Plaintiff's copyright.

PRAYER FOR RELIEF

WHEREFORE, Martineau prays that this Court enter judgment in its favor on

each and every claim for relief set forth above and award it relief, including but not

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limited to an order:

1. Preliminarily and permanently enjoining Defendants, their officers,

employees, agents, subsidiaries, representatives, distributors, dealers, members,

affiliates, and all persons acting in concert or participation with Defendants from:

manufacturing, producing, distributing, adapting, displaying, advertising,

promoting, offering for sale or selling, or performing any materials that are

substantially similar to Destiny 2, and to deliver to the Court for destruction or other

reasonable disposition all materials and means for producing the same in

Defendants’ possession or control.

2. Requiring Defendants to deliver to Martineau all copies of materials

that infringe or violate any of Martineau’s rights described herein.

3. Requiring Defendants to provide Martineau with an accounting of any

and all sales of products or services that infringe or violate any of Martineau’s rights,

as described herein.

4. Awarding Martineau actual or statutory damages for copyright

infringement and willful infringement under 17 U.S.C. § 504, as appropriate.

5. Awarding Martineau its full costs and attorneys’ fees in this action

pursuant to 17 U.S.C. § 505 and other applicable laws.

6. Imposing a constructive trust over the proceeds unjustly obtained by

Defendants through the sale of the Infringing Game in the United States, and/or any

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other products or services that violate any of Martineau’s rights described herein.

7. Awarding such other and further relief as this Court may deem just and

appropriate.

JURY DEMAND

Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff

Kelsey Martineau demands a trial by jury as to all issues and claims triable to a

jury.

Respectfully submitted:

s/Ted M. Anthony
Ted M. Anthony, LA #21446 (T.A.)
BABINEAUX, POCHÉ, ANTHONY
& SLAVICH, L.L.C.
P. O. Box 52169
Lafayette, LA 70505-2169
Telephone: (337) 984-2505
Fax: (337) 984-2503
Email: [email protected]
[email protected]
AND
BARRY ROME & SCOTT
STEPHEN R. BARRY #21465
A Professional Law Corporation
405 West Main Street, Suite 101
Lafayette, La 70501
T: (337) 237-2889
F: (337) 237 2878
Email: [email protected]
ATTORNEYS FOR PLAINTIFF KELSEY
MARTINEAU

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