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Gearbox Sues 3D Realms Over Duke Nukem Rights

The recent Duke Nukem announcement tease is causing trouble, as Gearbox Software is suing 3D Realms and Interceptor Entertainment for IP infringement over unauthorized use of their Duke property. This will not be the first legal action following the sale of the Duke property to Gearbox, as 3D Realms previously sued Gearbox over unpaid royalties, though this lawsuit was later dropped. The new suit is over Duke Nukem: Mass Destruction, a new project which has yet to be officially announced on its teaser website, though a Facebook page outs this as "an isometric action role-playing game for PC and PlayStation 4, by Interceptor." This complaint outlines Gearbox's legal case here, which includes a passage saying "'No good deed goes unpunished.' 3DR’s actions illustrate the point, given the exceptional amount of support that Gearbox extended to 3DR, its ownership, and the Duke Nukem franchise that Gearbox must protect'." Here's more:

7. This case stems from efforts to illegally exploit Gearbox’s intellectual property rights in the Duke Nukem video game franchise. Specifically, Defendants Interceptor and 3DR have colluded to misappropriate and make infringing use of the Duke Nukem trademarks and copyrights owned by Gearbox. Gearbox secured its rights on February 2, 2010, upon the execution of an Asset Purchase Agreement (“APA”) in which 3DR transferred, with certain very limited exceptions, all Duke Nukem intellectual property (“Duke IP”) to Gearbox. The APA also specifically required 3DR or its licensees to seek the permission of Gearbox before making use of the Duke Nukem marks after February 2, 2010.

8. Recently—and without consulting the Duke IP’s actual owner, Gearbox— Interceptor announced its intent to develop a Duke Nukem game based upon the various characters, content and intellectual property owned by Gearbox; the proposed game is entitled “Duke Nukem: Mass Destruction.” Apparently, after selling its Duke Nukem IP rights to Gearbox in 2010, 3DR sought to privately convince others that the sale never happened. The result is the unauthorized development effort that reportedly exists between 3DR and Interceptor. 9.

9. By attempting to license the unlicensable, assign the unassignable, and effectively re-sell the exclusive rights that Gearbox already purchased in 2010, 3DR breached the terms of its APA with Gearbox, as well as Gearbox’s exclusive, federally-protected intellectual property rights. Unfortunately, the 3DR-Interceptor maneuver has left Gearbox with little choice but to bring these claims.

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56 Replies. 3 pages. Viewing page 1.
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56. Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 24, 2014, 13:14 DukeFNukem
 
InBlack wrote on Feb 24, 2014, 07:50:
DukeFNukem wrote on Feb 24, 2014, 07:45:
InBlack wrote on Feb 24, 2014, 05:26:
50 posts in and no one mentions the obvious solution? Let's hope the lawyers in question know their shit. If they (Gearbox) are smart they will come to some sort of deal with Interceptor, publish their game and make some money in the process. There is no money to be had from a broke ass developer anyway...

Im guessing you didn't actually "read" all 50 posts. I posed this exact solution 20 or so messages before you crawled out of bed. But repeating it does no harm. So thanks for that. Maybe someone will listen.

Missed your post. Sorry.

I was being kind of a jerk. You are supposed to attack me. What the hell? But, yes, I did say something very similar earlier.
 
Just because you aren't afraid of something doesn't it mean it can't kill you...
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55. Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 24, 2014, 12:30 Sepharo
 
Mad Max RW wrote on Feb 24, 2014, 09:00:
What's in a Name: Gearbox Software

Hah, I had never heard this one.
What a crazy fucker.
 
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54. Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 24, 2014, 09:00 Mad Max RW
 
Here's a good summary of why Gearbox and specifically Randy Pitchford are poison to the video game industry:

From 'CodeHunters' To 'Aliens: Colonial Marines': Gearbox Is One Of The Most Controversial Studios In The Business

What's in a Name: Gearbox Software

You know how to tell Randy Pitchford is lying? When he opens his mouth.
 
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53. Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 24, 2014, 08:27 .Drifter
 
Undead Scottsman wrote on Feb 24, 2014, 01:53:
Hellbinder wrote on Feb 23, 2014, 21:19:
Sepharo wrote on Feb 23, 2014, 17:14:
Two very scuzzy developers duking it out.

why is gearbox scuzzy exactly?

Of the top of my head

-They allegedly ripped off the Borderlands artstyle from a short film called "Codehunters."
-The Duke Nukem Forever fiasco (which, to be fair, it wasn't entirely their fault the game was shit. It WAS their fault for still trying to release it as shit, though. I'm sorry you bought the rights to a terrible game, Randy, but don't make your customers pay for it.
-The Aliens: Colonial Marines fiasco.

Never knew about Codehunters, actually looked kinda cool, and would love to see what happened next, if anything did, in the story. If it wasn't an influence on Borderlands art style I'd be shocked. That being said, I've seen similar art styles in graphic novels years before that clip was made, although I'd doubt they influenced Borderlands. Also, was it just me, or did the kid with the slingshot look an awful lot like Noodle from the Gorillaz band?
 
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52. Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 24, 2014, 07:50 InBlack
 
DukeFNukem wrote on Feb 24, 2014, 07:45:
InBlack wrote on Feb 24, 2014, 05:26:
50 posts in and no one mentions the obvious solution? Let's hope the lawyers in question know their shit. If they (Gearbox) are smart they will come to some sort of deal with Interceptor, publish their game and make some money in the process. There is no money to be had from a broke ass developer anyway...

Im guessing you didn't actually "read" all 50 posts. I posed this exact solution 20 or so messages before you crawled out of bed. But repeating it does no harm. So thanks for that. Maybe someone will listen.

Missed your post. Sorry.
 
Avatar 46994
 
I have a nifty blue line!
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51. Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 24, 2014, 07:45 DukeFNukem
 
InBlack wrote on Feb 24, 2014, 05:26:
50 posts in and no one mentions the obvious solution? Let's hope the lawyers in question know their shit. If they (Gearbox) are smart they will come to some sort of deal with Interceptor, publish their game and make some money in the process. There is no money to be had from a broke ass developer anyway...

Im guessing you didn't actually "read" all 50 posts. I posed this exact solution 20 or so messages before you crawled out of bed. But repeating it does no harm. So thanks for that. Maybe someone will listen.

If Interceptor has finished(or can finish) a quality Duke Nukem title for future release, get the damn lawyers together so that everybody can make at least some money. Nobody makes any money without a solution.
 
Just because you aren't afraid of something doesn't it mean it can't kill you...
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50. Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 24, 2014, 05:26 InBlack
 
50 posts in and no one mentions the obvious solution? Let's hope the lawyers in question know their shit. If they (Gearbox) are smart they will come to some sort of deal with Interceptor, publish their game and make some money in the process. There is no money to be had from a broke ass developer anyway...  
Avatar 46994
 
I have a nifty blue line!
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49. Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 24, 2014, 04:55 Arithon
 
They're here to sue ass and chew bubblegum and they're all out of gum!  
Avatar 20899
 
There are 10 types of people in this world. Those who understand binary and those who don't.
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48. Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 24, 2014, 03:02 OldTimber
 
Fail to the king, baby!

 
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47. Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 24, 2014, 01:53 Undead Scottsman
 
Hellbinder wrote on Feb 23, 2014, 21:19:
Sepharo wrote on Feb 23, 2014, 17:14:
Two very scuzzy developers duking it out.

why is gearbox scuzzy exactly?

Of the top of my head

-They allegedly ripped off the Borderlands artstyle from a short film called "Codehunters."
-The Duke Nukem Forever fiasco (which, to be fair, it wasn't entirely their fault the game was shit. It WAS their fault for still trying to release it as shit, though. I'm sorry you bought the rights to a terrible game, Randy, but don't make your customers pay for it.
-The Aliens: Colonial Marines fiasco.
 
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46. Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 24, 2014, 01:26 Creston
 
Oh, Broussard...

Gearbox bought the rights, this is a simple, clear-cut case.
 
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45. Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 24, 2014, 00:41 Shineyguy
 
Beamer wrote on Feb 23, 2014, 21:25:
Hump wrote on Feb 23, 2014, 19:46:
No surprises here.

Scott and George have exposed themselves time and time again as the two biggest shitbags the gaming industry ever spawned.

Someone needs to sit them down and explain to them that money needs to be earned by hard work, not just catching up on their quarterly legal retainer payments.

I'm pretty sure Scott has been unconnected to 3DR for over a decade.

Yeah, he has. He's been making games under the old Apogee banner.

As for this story, it's Gearbox's right to litigate, and I don't fault them for that.
 
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44. Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 23:12 Silicon Avatar
 
I don't really get why DN is still even a valuable franchise. It's a paper-thin plot with nostalgia value for people who probably have kids and don't game that much anymore. Make something else.
 
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43. Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 22:23 Hyatus
 
Task wrote on Feb 23, 2014, 15:59:
Inteceptor already had a playable version built in their internal development, which was admitted to be better looking and better playing than DNF even though Reloaded was unfinished.

And that's awesome. It's a great thing to note on your portfolio. However, it's not Interceptor's IP. Just because somebody creates something better doesn't mean they can do what they want with it. As I said, the bad part was leading Interceptor on with their limited license and then yanking it out later.
 
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42. Re: Into the Black Feb 23, 2014, 21:30 frag.machine
 
NegaDeath wrote on Feb 23, 2014, 19:08:
It's like divorced parents arguing who gets to take care of the kid.

I can almost hear Jon St John saying "Mom Dad stop fighting!" in Dukes voice.

^^^ This. A thousand times.
 
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41. Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 21:25 Beamer
 
Hump wrote on Feb 23, 2014, 19:46:
No surprises here.

Scott and George have exposed themselves time and time again as the two biggest shitbags the gaming industry ever spawned.

Someone needs to sit them down and explain to them that money needs to be earned by hard work, not just catching up on their quarterly legal retainer payments.

I'm pretty sure Scott has been unconnected to 3DR for over a decade.

This comment was edited on Feb 23, 2014, 21:55.
 
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40. Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 21:19 Hellbinder
 
Sepharo wrote on Feb 23, 2014, 17:14:
Two very scuzzy developers duking it out.

why is gearbox scuzzy exactly?
 
The Whales name is Bob.
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39. Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 19:58 Parallax Abstraction
 
Beelzebud wrote on Feb 23, 2014, 14:02:
This is going to be like watching two drunk idiots beat each other up at a bar, when you don't give a shit what the outcome is.

Two scumbag enters, one scumbag leaves. Maybe 3D Realms going away will finally stop George Broussard from thinking he's God's gift to industry commentary, despite running a company and all its employees into the ground by spending 13 years to make a horrendous game. Somehow I doubt it though.
 
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38. Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 19:46 Hump
 
No surprises here.

Scott and George have exposed themselves time and time again as the two biggest shitbags the gaming industry ever spawned.

Someone needs to sit them down and explain to them that money needs to be earned by hard work, not just catching up on their quarterly legal retainer payments.
 
Avatar 10137
 
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37. Re: Into the Black Feb 23, 2014, 19:08 NegaDeath
 
It's like divorced parents arguing who gets to take care of the kid.

I can almost hear Jon St John saying "Mom Dad stop fighting!" in Dukes voice.
 
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56 Replies. 3 pages. Viewing page 1.
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