• Hey, guest user. Hope you're enjoying NeoGAF! Have you considered registering for an account? Come join us and add your take to the daily discourse.

Gearbox suing 3D Realms, Interceptor for unauthorized Duke Nukem use

Shard

XBLAnnoyance
http://www.joystiq.com/2014/02/23/gearbox-suing-3d-realms-interceptor-for-unauthorized-duke-nuk/

Gearbox Software filed a lawsuit against 3D Realms (3DR) and Interceptor Entertainment, accusing the studios of unauthorized use of the Duke Nukem property and alleging violation of trademarks held by Gearbox. The lawsuit points to 3D Realms' recent reveal of Duke Nukem: Mass Destruction, which features a teaser site with a timer counting down to February 25.


Among the documents filed in the suit is a breach statement issued by Gearbox stating that 3D Realms infringed on Gearbox's intellectual property in addition to a statement signed by 3D Realms CEO Scott Miller and Duke Nukem co-creator George Broussard that acknowledged the infringement. In a statement filed to Joystiq, Gearbox Software said, "As the filing shows, 3DR's wrongdoing is both admitted and unfortunate for everyone who cares about Duke Nukem."
 
3D Realms are totally in the wrong, and they had 8 years to make a Duke Nukem game before Gearbox finally bought the rights and shoved their piece of crap out the door. Gearbox is just as shameful for claiming they "care" about Duken Nukem as a property, nobody who cared would have shipped that abortion called Duke Nukem Forever...
 

Nokterian

Member
1355531670525.gif
 

Shard

XBLAnnoyance
3D Realms are totally in the wrong, and they had 8 years to make a Duke Nukem game before Gearbox finally bought the rights and shoved their piece of crap out the door. Gearbox is just as shameful for claiming they "care" about Duken Nukem as a property, nobody who cared would have shipped that abortion called Duke Nukem Forever...

Yea, this is something that has been at the back of my mind during all the Duke business.
 
Duke Nukem would probably be better off with 3DR at this point. Even if all they did was sit around pretending to make a new Duke Nukem game for another decade.
 
You know, when I first heard that there was a new Duke game, my first thought was, "Didn't Gearbox buy the rights to character? So how is this new game apparently being developed and released without their involvement?"

This more or less answers those questions.
 

Shard

XBLAnnoyance
Really sad that Interceptor Entertainment is getting caught up in this, I know people there and I would hate to see misfortune be brought on that studio.
 

Valkrai

Member
Can't Gearbox just try to get control of this new Duke game instead of just suing the shit out of 3D Realms?
 

liquidtmd

Banned
I hate Gearbox but if it is the case they bought the rights in full after 3D Realms quite markedly left the franchise to die, they I'm OK with this
 

StuBurns

Banned
I don't understand this.

3D Realms sold the franchise to Gearbox, and just literally kept using it? I'm not a lawyer, but that seems obscenely stupid, and impossible to not get sued for.
 
I don't understand this.

3D Realms sold the franchise to Gearbox, and just literally kept using it? I'm not a lawyer, but that seems obscenely stupid, and impossible to not get sued for.

Yeah. Curiously 3D Realms and Interceptor Entertainment have also released Duke 1, 2 and Manhattan on Steam and I always wondered why Gearbox' name/logo wasn't anywhere on these.. I'm thinking that they had decided to keep quite at the time but not anymore.
 

Shard

XBLAnnoyance
Yeah. Curiously 3D Realms and Interceptor Entertainment have also released Duke 1, 2 and Manhattan on Steam and I always wondered why Gearbox' name/logo wasn't anywhere on these.. I'm thinking that they had decided to keep quite at the time but not anymore.

Legacy rights are usually a separate thing, witness Interplay selling the original Fallout Trilogy until the end of last year.
 

Valkrai

Member
Yeah. Curiously 3D Realms and Interceptor Entertainment have also released Duke 1, 2 and Manhattan on Steam and I always wondered why Gearbox' name/logo wasn't anywhere on these.. I'm thinking that they had decided to keep quite at the time but not anymore.

I think Gearbox would have been aware of the releases pretty quickly then. My guess is that they were quietly telling them to remove the games and 3D Realms were refusing to acknowledge it, thus leading to the lawsuit. Another theory I can think of is that maybe they could have done rereleases of the series and sell it commercially but not create new content for the character, maybe that leading to some sort of breach of contract.

Just speculating, so I'm talking out of my ass.
 

JaseC

gave away the keys to the kingdom.
3D Realms are totally in the wrong, and they had 8 years to make a Duke Nukem game before Gearbox finally bought the rights and shoved their piece of crap out the door. Gearbox is just as shameful for claiming they "care" about Duken Nukem as a property, nobody who cared would have shipped that abortion called Duke Nukem Forever...

To be fair, it wasn't Gearbox's call: Take-Two grew tired of 3D Realms constantly getting nowhere and tasked Gearbox with getting the game in a playable state as quickly as possible.
 

Alienous

Member
3D Realms are in the wrong, seemingly, but I'd at least wait for the formal reveal.

Eh, Nuke Dukem sounds better anyway.
 

TaroYamada

Member
Yeah. Curiously 3D Realms and Interceptor Entertainment have also released Duke 1, 2 and Manhattan on Steam and I always wondered why Gearbox' name/logo wasn't anywhere on these.. I'm thinking that they had decided to keep quite at the time but not anymore.

No, they sold the future use of the Duke Nukem franchise. Which included DNF, as it had not yet been finished. 3DR still owns 1, 2 and 3D. The other, separate Apogee, also has the rights to make two more Duke Nukem games IIRC, the ones from the canceled handheld trilogy can still be finished.

But this is the second legal wrangling since the sale, so conditions may have changed.
 

wrowa

Member
Watch out the teaser site not being about a Duke Nukem game, but a spiritual successor. I wouldn't be surprised if Interceptor and 3D Realms were only trolling and DN: Mass Destruction is not actually a thing.
 

Big_Al

Unconfirmed Member

Ah right ok, hopefully we'll find out soon enough then. Just looking forward to knowing more about the game regardless.

Yeah. Curiously 3D Realms and Interceptor Entertainment have also released Duke 1, 2 and Manhattan on Steam and I always wondered why Gearbox' name/logo wasn't anywhere on these.. I'm thinking that they had decided to keep quite at the time but not anymore.

I'm pretty certain Gearbox don't have the rights to the older games and 3D Realms can release those as they please. I don't think there's any dodgy circumstances around those at all.

Even if Gearbox are in the right I still find it hard to feel sorry for them, I'd rather they not go near Duke again after Aliens Colonial Marines. I really don't like Randy Pitchford.
 
I think Gearbox would have been aware of the releases pretty quickly then. My guess is that they were quietly telling them to remove the games and 3D Realms were refusing to acknowledge it, thus leading to the lawsuit. Another theory I can think of is that maybe they could have done rereleases of the series and sell it commercially but not create new content for the character, maybe that leading to some sort of breach of contract.

Just speculating, so I'm talking out of my ass.

I am talking out of my ass as well :p

It's just that 3D Realms have already once "interpreted" the contract with Gearbox differently than the latter have: http://www.neogaf.com/forum/showthread.php?t=588341 and now it seems it's the second time.
 
You know, when I first heard that there was a new Duke game, my first thought was, "Didn't Gearbox buy the rights to character? So how is this new game apparently being developed and released without their involvement?"

This more or less answers those questions.

I had the same thought.
 
3D Realms are totally in the wrong, and they had 8 years to make a Duke Nukem game before Gearbox finally bought the rights and shoved their piece of crap out the door. Gearbox is just as shameful for claiming they "care" about Duken Nukem as a property, nobody who cared would have shipped that abortion called Duke Nukem Forever...

I'm still glad they released Duke Nukem Forever, the real DNF. Not some modern FPS called Duke Nukem Forever. We actually got the game that they had been building for 14 years and I wouldn't trade that for a brand new sleek Duke Nukem game co-developed by Bungie and Naughty Dog.

These kind of lawsuits don't make anyone look good.
 
Really sad that Interceptor Entertainment is getting caught up in this, I know people there and I would hate to see misfortune be brought on that studio.

Interceptor did pretty good with the Duke Nukem 3D port on Steam. If it weren't for the gamma levels being too bright (something that EDuke32 does better) I would say that it is a really solid port with online components.
 

Persona7

Banned
I thought 3D Realms retained certain rights like still being able to publish the games they developed. I don't know about this new game though. First I've even heard of it.
 

Shard

XBLAnnoyance
Interceptor did pretty good with the Duke Nukem 3D port on Steam. If it weren't for the gamma levels being too bright (something that EDuke32 does better) I would say that it is a really solid port with online components.

They also gave sunglasses to Duke in Duke Nukem II for Steam.
 

Zen

Banned
I thought 3D Realms retained certain rights like still being able to publish the games they developed. I don't know about this new game though. First I've even heard of it.

This might be 'we had designs for this on a dirty napkin' so it was actually in development.
 

duckroll

Member
Among the documents filed in the suit is a breach statement issued by Gearbox stating that 3D Realms infringed on Gearbox's intellectual property in addition to a statement signed by 3D Realms CEO Scott Miller and Duke Nukem co-creator George Broussard that acknowledged the infringement.

Lol? Lol. What is even going on here.
 

sniperpon

Member
It's a shame we have the concept of "copyright" at all; let the two companies compete to see who can make the better "Duke" game.
 

JaseC

gave away the keys to the kingdom.
They were stupid enough to try and make a game on rights they had no possession of, having sold them?

I think there was some confusion as to who owns what due to the publishing mess on Steam and elsewhere (2K publishes DNF; Devolver publishes DN3D; and Interceptor publishes Duke, Duke 2 and Manhattan Project).
 

VoidZero

Banned
This is bothering me more than it should:
a statement signed by 3D Realms CEO Scott Miller and Duke Nukem co-creator George Broussard that acknowledged the infringement
So the CEO of 3DR signs a statement and gives them more ammo. This doesn't make any sense for me
 

CTLance

Member
A cursory glance makes me think 3DR is totally in the wrong here and is going to get their collective asses whipped in court.
I kind of do not want to give Gearbox the satisfaction of doing so, to be honest. I have a quite irrational dislike of Gearbox by now.

Oh well. I wonder what was going on at 3DR HQ if things really are as dried-and-cut as they appear to be.
 
Top Bottom