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Sunday, Feb 23, 2014

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.

THIEF System Requirements - Mantle Support via Post-Release Patch

The Eidos Montreal blog offers system requirements for the THIEF reboot that's due for release next week (thanks DSOGaming). Though the post says "THIEF will also be one of the first games to ship that takes advantage of AMD’s Mantle graphics API," the paragraph that follows contradicts this, saying support for AMD's Mantle and TrueAudio technologies will come via a patch next month sometime, though "AMD CrossFire™ technology and AMD Eyefinity multi-display technology will be fully functional when THIEF launches on the 25th February in North America and 28th February in Europe and other associated territories." Here are the system requirements, which include a lengthy appendix of specific PC features the stealth/action game will support:
Minimum System Requirements
Windows Vista with platform update
CPU: High-performance dual core CPU or quad core CPU
Graphics Card: AMD Radeon 4800 series / Nvidia GTS 250
DirectX: DirectX 10

Recommended Specs
Windows 7 or 8
CPU: AMD FX 8000 series or better / Intel Quad i7 Core CPU
RAM: 4+ GB
Graphics Card: AMD Radeon R9 series or better / Nvidia GTX 660 series or better
DirectX: DirectX 11

Other PC Features
Continue here to read the full story.

Steam Top 10

Here's the list of the bestselling games on Steam last week:

  1. Banished
  2. DayZ
  3. Rust
  4. Call of Duty: Ghosts
  5. Arma III
  6. Garry's Mod
  7. South Park: The Stick of Truth
  8. Space Engineers
  9. The Witcher 2: Assassins of Kings Enhanced Edition
  10. Thief

On Sale

  • Far Cry Franchise on Steam. Save up to 75%.
  • Go! Go! Nippon! ~My First Trip to Japan~ on Steam. Save 50%. Huh? Thanks JDreyer.
  • Sleeping Dogs on Steam. Save 75%.

Sunday Previews

Game Reviews

Out of the Blue

It was a little weird watching the men's slalom event at the Olympics yesterday, as the altacocker that placed the gates was apparently as sadistic as he was expert, leading to over a third of the field being unable to complete the course. On further reflection, I think this guy should be in charge of other events... for instance we could skip the Zamboni for skating events to make them more challenging. Chaos, ftw!

Swervy Links: Thanks Ant and Acleacius.
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Gravity Racer.
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"Heroes" Returns As An Event Series.
Media: Matt Smith Makes Video For Four Year Old DW Superfan.
Best Fails of the Week 3 February 2014.
Northern Lights Aurora Borealis, spectacular real time video.
NASA - IRIS Spots Its Largest Solar Flare.
Follow-up: "Veronica Mars" Opens Everywhere March 14th.
The Funnies: Pixel Interpretation: Samus « EXTRALIFE.
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