Duke Nukem creators file lawsuit vs Gearbox Software

Published June 14, 2013 10:35pm

After releasing what seemed to be a negative relaunch of a classic video game franchise, Gearbox Software faces another problem related to their shooter Duke Nukem Forever, as the creators and developers of the franchise, 3D Realms, are suing the company that finished and finally released the game back in 2011 after over a decade of developmental hell.

According to the story published in Kotaku, Apogee Software and 3D Realms are alleging that Gearbox Software has refused to pay $2Million worth of royalties involved and advances from publishers for the release of Duke Nukem Forever. The creator of the successful Duke Nukem franchise filed the lawsuit in June 7 in a Texas district court, and has requested for a jury trial to oversee the case.

Apparently, the deal was born out of a friendly one, yet quickly turned sour when promises were made and were later not returned. The filing alone states:

"This was a deal among friends, because Gearbox's President, Randy Pitchford had long been friendly in the industry with Scott Miller and George Broussard, the principals of 3D Realms."

Despite not releasing any new Duke Nukem game since 1996’s “Duke Nukem 3D”, 3D Realms still maintains a game structure and development, with the studio has reverted to its legal name “Apogee Software, Ltd”.

After licensing out the rights to the character and giving developmental control of “Future Duke Projects” to Gearbox, it seemed that the deal went smoothly, yet it turned the other way around.

Gearbox Software released a statement following the lawsuit by 3D Realms/ Apogee Software:

“The reality is that Apogee / 3D Realms (3DR) received the full benefit of its bargain. Gearbox, in its fulfillment of its commitments, enriched 3DR, saved 3DR from its debts and rescued 3DR from its litigation surrounding its failed dozen-plus year attempt to ship Duke Nukem Forever.

Everyone wished that 3DR's game was better received by the market for the benefit of gamers and profit to its creators. While 3DR might not wish the reality that the results make clear, 3DR turned out to be the only beneficiary of the deal. Gearbox Software, meanwhile, experienced damage to its credibility and loss of its money.

It's unfortunate that 3DR did not abide by the the objective audit rules outlined in the agreement and even more unfortunate that it chose to blame its failures on Gearbox. Since 3DR seems unable to accept reality and has chosen to become hostile, Gearbox is forced to bring its actual claims of breach of contract against 3DR and is confident Gearbox will prevail.

Perhaps the lesson learned here is to never enter a gaming business deal with a person who has had more lawsuits than shipped games.”

— TJD, GMA News

Tags: dukenukem, videogaming, lawsuit, gearboxsoftware, 3drealms