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DNF Royalties Lawsuit

PCGamesN has details on a lawsuit filed this week by 3D Realms against Gearbox Software in Texas District Court over unpaid royalties for Duke Nukem Forever, the first-person shooter sequel completed by Gearbox after its 12-year development cycle bankrupted 3D Realms. The suit alleges that 3D Realms is owed more than $2 million and that Gearbox has refused to submit to a contractually agreed upon audit of royalty statements. They have reached out to former 3D Realms staff for comment and have so far not received one, but Kotaku has the following statement about the matter from Gearbox:

Ironically, Scott Miller himself provided the best response when he wrote: "... filed lawsuits are entirely one-sided statements, based on knee-deep BS and with more spin than a top."

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.

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31. Re: DNF Royalties Lawsuit Jun 14, 2013, 09:53 Drazula
 
Wow. I used to live on 3DRs forums. I can't believe they have fallen so far down that they feed off the crumbs of others who finish their work. If I were Broussard or Miller, I would be ashamed. But I guess when you've lived off others for so long, you don't think like that.  
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30. Re: Out of the Blue Jun 14, 2013, 04:43 InBlack
 
If Gearbox has refused to submit to a contractually agreed upo audit of royalty statements then what the fuck are we talking about?? They are fucking HIDING something? Im not one to defend Broussard but Randy has proven time and again that he is a douchebag who wants to make a quick buck at the expense of gamers and at the expense of the IP involved.  
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I have a nifty blue line!
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29. Re: Out of the Blue Jun 14, 2013, 01:27 Kosumo
 
Nice work Rigs  
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28. Re: Out of the Blue Jun 13, 2013, 23:07 Rigs
 
Gearbox Software, meanwhile, experienced damage to its credibility and loss of its money.

Rubeyes ... Inquisitive ... Crazy ... Giggle ... Laugh2 ... Rotfl ... Hahaha_no


Listed in order in which they were perceived...


=-Rigs-=
 
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'We talked about peace! You didn't want peace. We talked about cooperation! You didn't WANT cooperation. You WANT war! Is that it? You want a war? Well, you've GOT a war!'
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27. Re: DNF Royalties Lawsuit Jun 13, 2013, 21:59 Ludomancer
 
Dev wrote:
I DOUBT that gearbox lost money on it. Because they sure didn't put much into it. Gearbox says its "3dr's" game, but last I heard, this was all done by gearbox. Didn't they mostly just get the IP and the game itself was done from scratch over again by gearbox?

No, there were things in the final release of the game that I recognized from pre-y2k. From people I know at Gearbox, it was practically finished when they got it, and the only thing stopping it's release was Broussard's inability to let go.

Redmask wrote:
No good deed goes unpunished, did these clowns a favor by releasing their game that would never otherwise made it to market and got punked for it.
Gearbox might make some pretty crappy games from time to time but this lawsuits stinks

I'm not actually aware of the recent lawsuits to Gearbox, so maybe my reaction would differ if so, however...
Pitchford did a personal favor to Broussard, after Broussard met with him and gave him a seriously earnest and heartfelt admission of defeat and regret, to resurrect and complete DNF's development. A PERSONAL FAVOR. They are a business, they obviously saw money in it, but the fact that a man put a company he represents on the line for a friend is taking a big-fucking-leap.

The fact that this same "friend" would sue them.....

Holy fucking shit.

Lastly, I had fun with DNF too, and I really don't give a shit about Duke Nukem. It was a decent game. Would have been AMAZING if it were released 8-10 years ago.

 
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26. Re: DNF Royalties Lawsuit Jun 13, 2013, 21:43 Prez
 
Nah...who would produce a movie about a failed Game studio suing another mediocre game studio seeking money for a dud game?

Yeah, well ya gotta spice it up with a love interest and some explosions. Michael Bay should get on it.
 
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25. Re: DNF Royalties Lawsuit Jun 13, 2013, 20:38 CrashTestDummy
 
saluk wrote on Jun 13, 2013, 19:29:
The real winner is going to be the guy that turns this into a screenplay.

Nah...who would produce a movie about a failed Game studio suing another mediocre game studio seeking money for a dud game?

The real winners are actually going to be the law firms on both sides, billing their clients for every possible cent they can possibly squeeze out.
 
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24. Re: DNF Royalties Lawsuit Jun 13, 2013, 20:26 Mad Max RW
 
Prez wrote on Jun 13, 2013, 19:12:
Perhaps the lesson learned here is to never enter a gaming business deal with a person who has had more lawsuits than shipped games.

Zing!

Ironically, 3D Realms was sued only once by Take Two for not finishing DNF on time. This year alone Gearbox is facing at least two separate lawsuits.
 
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23. Re: DNF Royalties Lawsuit Jun 13, 2013, 19:42 Redmask
 
No good deed goes unpunished, did these clowns a favor by releasing their game that would never otherwise made it to market and got punked for it.

Gearbox might make some pretty crappy games from time to time but this lawsuits stinks.
 
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22. Re: DNF Royalties Lawsuit Jun 13, 2013, 19:29 saluk
 
The real winner is going to be the guy that turns this into a screenplay.  
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21. Re: DNF Royalties Lawsuit Jun 13, 2013, 19:22 Wraith
 
Is there anyone gearbox hasn't screwed yet?

You mean aside from everyone who bought Aliens: Colonial Marines?
 
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20. Re: DNF Royalties Lawsuit Jun 13, 2013, 19:14 nin
 
Kosumo wrote on Jun 13, 2013, 17:17:
I wonder if 3DR would settle for a signed copy of Aliens:CM?

Aaaaaaand we're done. Kudos.

Is there anyone gearbox hasn't screwed yet?

 
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19. Re: DNF Royalties Lawsuit Jun 13, 2013, 19:13 Prez
 
ItBurn wrote on Jun 13, 2013, 17:03:
I had a lot of fun with DNF... It was one of the best shooters released that year... No joke.

I don't know about the best - I'd have to check what else came out that year - but yeah, I had fun with it too.
 
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“The greatness of a nation and its moral progress can be judged by the way its animals are treated.”
- Mahatma Gandhi
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18. Re: DNF Royalties Lawsuit Jun 13, 2013, 19:12 Prez
 
Perhaps the lesson learned here is to never enter a gaming business deal with a person who has had more lawsuits than shipped games.

Zing!
 
Avatar 17185
 
“The greatness of a nation and its moral progress can be judged by the way its animals are treated.”
- Mahatma Gandhi
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17. Re: DNF Royalties Lawsuit Jun 13, 2013, 18:32 jdreyer
 
Popcorn  
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"Microsoft is the absent minded parent of PC gaming" - Verno
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16. Re: DNF Royalties Lawsuit Jun 13, 2013, 18:24 NKD
 
Gearbox always getting into shenanigans. They should have left well enough alone and just let 3D Realms die.  
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If you don't like where gaming is heading, stop giving your money to the people who are taking it in that direction.
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15. Re: DNF Royalties Lawsuit Jun 13, 2013, 18:24 Closed Betas
 
Heh, cocky son of a gun aint he... Definitely sounds like he would be one who would screw someone over.. You Can see it in his own words... Who is he blaming the failure of DNF over? He didnt see that before he tried to milk a genre of what he thought would be an easy pile of cash? Guy does'nt know shit about Duke Nukem character, other than trying to be a one liner mastro.. utter failure.. game was horse crap. Probably is willing to accept to be sued to not disclose to the public what failure he was evolved in... sounds like he is the ego maniac
 
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14. Re: DNF Royalties Lawsuit Jun 13, 2013, 17:55 jacobvandy
 
I would agree it was an about-average shooter. Most of the negativity was very subjective in that it had more to do with 12 years of expectations than legitimate complaints about the game itself.

I would also agree that Gearbox needs to stop taking on these charity case development projects, because they're just not working out for them... Probably the reason those projects were struggling to begin with.
 
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13. Re: DNF Royalties Lawsuit Jun 13, 2013, 17:35 Fantaz
 
Gearbox is in the business of screwing people?  
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12. Re: DNF Royalties Lawsuit Jun 13, 2013, 17:28 Creston
 
It's like a gift that keeps on giving this game.

Creston
 
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