Bobby Prince Sues Valve, Gearbox, and Randy Pitchford [Sep 30, 2019, 10:40 am ET] – Share – Viewing Comments
Game music composer Bobby Prince is suing Valve, Gearbox, and Randy Pitchford
over unauthorized use of his music in Duke Nukem 3D: 20th Anniversary Edition
World, the Duke 3D reissue from
a few
years ago. Prince, perhaps most famous for his iconic DOOM soundtrack has
submitted
this complaint (thanks
PC Gamer) stating that his 1996 soundtrack was reused without permission. He
is demanding a trial by jury and is seeking "maximum statutory damages per
infringement or, alternatively, actual damages and Defendants’ profits, plus
attorneys’ fees and costs, as well as an injunction prohibiting Defendants from
infringing his copyrights." Valve is cited here for because Prince claims they
continued to offer the game through Steam after being informed of the problem:
"Valve distributed copies of Duke Nukem 3D World Tour. Valve continued doing so
after receiving actual notice that Duke Nukem 3D World Tour infringed Mr.
Prince’s copyright." Here are details of the complaint against Gearbox and
Pitchford:
Before Gearbox Software and Gearbox Publishing released Duke Nukem 3D World Tour, Mr. Pitchford received a copy of the 1996 license between Apogee and Mr. Prince. He thus knew that Mr. Prince owned the rights to the music and that Apogee had to pay Mr. Prince for its use of the music in prior versions of Duke Nukem games.
Gearbox Software and Gearbox Publishing released Duke Nukem 3D World Tour on October 11, 2016. The game included music composed by Mr. Prince that is covered by his copyright registration and sound effects and edited dialog created by Mr. Prince. The electronic files for the music within Duke Nukem 3D World Tour include text specifically stating that Mr. Prince owns the copyright to the music.
Eventually, Mr. Pitchford directed Steve Gibson, the Head of Publishing at Gearbox Publishing, to make sure that Gearbox was “doing right” by Mr. Prince.
Despite receiving a direct order to “do right” by Mr. Prince, Gearbox proceeded to distribute infringing copies of Duke Nukem 3D World Tour without obtaining a license and without compensating Mr. Prince.
During discussions with Mr. Prince, Mr. Pitchford and Mr. Gibson acknowledged that Mr. Prince owned the music he had composed for Duke Nukem 3D
and that Gearbox used in Duke Nukem 3D World Tour.
Mr. Pitchford adopted the position that Gearbox had no license to use Mr. Prince’s music.
Mr. Gibson acknowledged that Gearbox had no license to use Mr. Prince’s music.
Upon information and belief, Gearbox did nothing to clear the rights to Mr. Prince’s music before incorporating it into Duke Nukem 3D World Tour.
Eventually, it became evident that Gearbox had no intention of paying Mr. Prince for its use of his music. Mr. Prince advised Gearbox that it could either pay him according to the terms of the original license for the music or remove his music from the game. Mr. Pitchford and Gearbox did neither.
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Re: Bobby Prince Sues Valve, Gearbox, and Randy Pitchford
Oct 1, 2019, 06:28
Oct 1, 2019, 06:28
MrDoomPlague wrote on Sep 30, 2019, 17:58:In general, when a musician is contracted to write new music for a game, unless the contract specifies that the musician owns the music, the deloping company will own the music.
Honestly, between this and the issues with Dragon Quest and its composer...game companies should push to own perpetual rights to their games music, at least when it comes to reselling the game down the road.
This is a case where the musician (Bobby Prince) specifically had written in the contract that he owned the music and was licensing it to the original publisher (Apogee). I doubt that at the time either party expected things to be like they are 20+ years later.
ExGemini wrote on Sep 30, 2019, 18:19:grudgebearer wrote on Sep 30, 2019, 16:58:RedEye9 wrote on Sep 30, 2019, 15:08:
Pretty much this. He's looking for a payout/extortion on 23 year old music. They'll settle out of court and he'll get to buy a new sleeper mini van aka home w/the proceeds.
So it's only scummy when someone sues to protect their IP rights from Gearbox, but perfectly fine for Gearbox to sue someone to protect their IP?
Don't engage the troll, you are wasting time with RedEye9
whomever that supports Gearbox and Randy is sucker for corpos
prob a corpo himself
grudgebearer wrote on Sep 30, 2019, 16:58:RedEye9 wrote on Sep 30, 2019, 15:08:
Pretty much this. He's looking for a payout/extortion on 23 year old music. They'll settle out of court and he'll get to buy a new sleeper mini van aka home w/the proceeds.
So it's only scummy when someone sues to protect their IP rights from Gearbox, but perfectly fine for Gearbox to sue someone to protect their IP?
Don't engage the troll, you are wasting time with RedEye9
Re: Bobby Prince Sues Valve, Gearbox, and Randy Pitchford
Sep 30, 2019, 17:58
Sep 30, 2019, 17:58
Took him 3 years to find a scummy lawyer that would take his case, gotta admire his persistance.
Prince himself is actually a licensed attorney and its not his first time suing over his music. But, at least this time, he appears to have a valid case.
Honestly, between this and the issues with Dragon Quest and its composer...game companies should push to own perpetual rights to their games music, at least when it comes to reselling the game down the road.
Re: Bobby Prince Sues Valve, Gearbox, and Randy Pitchford
Sep 30, 2019, 17:21
Sep 30, 2019, 17:21
grudgebearer wrote on Sep 30, 2019, 14:57:From what I've read on other sites (and can be read in the excerpt here), he did spend quite a while getting jerked around by Gearbox & Randy with empty promises of "you'll get paid".RedEye9 wrote on Sep 30, 2019, 11:34:
Took him 3 years to find a scummy lawyer that would take his case, gotta admire his persistance.
Or maybe he spent three years trying to workout an equitable compensations deal for the use of his work, and after being jerked around by Pitchford and Gearbox, had no choice but to seek redress through the court system?
Also, Valve is being sued because they failed to acknowledge a legitimate takedown notice. This makes them liable for the infringements under the DMCA. Had they heeded the takedown notices, they would not be eligible for this litigation.
Is that Steve "Scary" Gibson?
Re: Bobby Prince Sues Valve, Gearbox, and Randy Pitchford
Sep 30, 2019, 16:58
Sep 30, 2019, 16:58
RedEye9 wrote on Sep 30, 2019, 15:08:
Pretty much this. He's looking for a payout/extortion on 23 year old music. They'll settle out of court and he'll get to buy a new sleeper mini van aka home w/the proceeds.
So it's only scummy when someone sues to protect their IP rights from Gearbox, but perfectly fine for Gearbox to sue someone to protect their IP?
Violence, naked force, has settled more issues in history than any other factor, and the contrary opinion is wishfull thinking at its worst. Breeds that forget this basic truth have always paid for it with their lives and freedoms.
-Robert Heinlein
-Robert Heinlein
RedEye9 wrote on Sep 30, 2019, 15:08:grudgebearer wrote on Sep 30, 2019, 14:57:Pretty much this. He's looking for a payout/extortion on 23 year old music. They'll settle out of court and he'll get to buy a new sleeper mini van aka home w/the proceeds.RedEye9 wrote on Sep 30, 2019, 11:34:Must just be him and a scummy lawyer trying to disparage the good names of Gearbox Software and Randy Pitchford.
Took him 3 years to find a scummy lawyer that would take his case, gotta admire his persistance.
If he owns the rights to the music, and they released the game, making money on an equally 23-year old title, he should be getting paid for his prior efforts. That’s the way this whole IP thing WORKS. Even if they remove the music and other audio from the game NOW, he’s still due compensation for all the copies that were sold with it. He appears to have a solid case, I don’t see why you think he’s even sort of in the wrong here.
* REMOVED *
This comment was deleted on Sep 30, 2019, 16:13.
This comment was deleted on Sep 30, 2019, 16:13.
grudgebearer wrote on Sep 30, 2019, 14:57:Pretty much this. He's looking for a payout/extortion on 23 year old music. They'll settle out of court and he'll get to buy a new sleeper mini van aka home w/the proceeds.RedEye9 wrote on Sep 30, 2019, 11:34:Must just be him and a scummy lawyer trying to disparage the good names of Gearbox Software and Randy Pitchford.
Took him 3 years to find a scummy lawyer that would take his case, gotta admire his persistance.
They really need to put whoever is in charge of AriZona iced tea in control of inflation...
Re: Bobby Prince Sues Valve, Gearbox, and Randy Pitchford
Sep 30, 2019, 14:57
Sep 30, 2019, 14:57
RedEye9 wrote on Sep 30, 2019, 11:34:
Took him 3 years to find a scummy lawyer that would take his case, gotta admire his persistance.
Or maybe he spent three years trying to workout an equitable compensations deal for the use of his work, and after being jerked around by Pitchford and Gearbox, had no choice but to seek redress through the court system?
Couldn't possibly be that though could it? Must just be him and a scummy lawyer trying to disparage the good names of Gearbox Software and Randy Pitchford.
Violence, naked force, has settled more issues in history than any other factor, and the contrary opinion is wishfull thinking at its worst. Breeds that forget this basic truth have always paid for it with their lives and freedoms.
-Robert Heinlein
-Robert Heinlein
Riahderymnmaddog wrote on Sep 30, 2019, 13:49:EGS is too
LOL you never see Tim Sweeney or EGS getting sued.. Must be the bribes they pay out.
They really need to put whoever is in charge of AriZona iced tea in control of inflation...
Anybody sucessfully suing Randy and Gearbox makes me grin from ear to ear. 
Yes, I dispise them that much after DNF and ACM debacles... Way to kill 2 awesome franchises in one fell swoop! ...and I never liked /disired that cel animated crap Borderlands series. Pretty much the only thing they did well was the original Half-Life expansions, but you can't be judged on 20+ year old sucess.
Yes, I dispise them that much after DNF and ACM debacles... Way to kill 2 awesome franchises in one fell swoop! ...and I never liked /disired that cel animated crap Borderlands series. Pretty much the only thing they did well was the original Half-Life expansions, but you can't be judged on 20+ year old sucess.
Get your games from GOG DAMMIT!
Re: Bobby Prince Sues Valve, Gearbox, and Randy Pitchford
Sep 30, 2019, 13:49
Sep 30, 2019, 13:49
LOL you never see Tim Sweeney or EGS getting sued.. Must be the bribes they pay out.
...and let's sue Valve because... THEY GOT MONNEEEEEHHHHH!!!
Dear Mr. Prince - this edition is still available right now at G2A and Kinguin - SUE THEM!
(And I will order LOTS of popcorn and will wait for what happens - I somehow have to think of rolling tumbleweed right now... Hmmmm...)
Dear Mr. Prince - this edition is still available right now at G2A and Kinguin - SUE THEM!
(And I will order LOTS of popcorn and will wait for what happens - I somehow have to think of rolling tumbleweed right now... Hmmmm...)
"There is no right life in the wrong one." (Theodor W. Adorno, philosopher)
"Only a Sith deals in absolutes." (Obi-Wan Kenobi, Jedi)
"Only a Sith deals in absolutes." (Obi-Wan Kenobi, Jedi)
"Alexa, order ten cases of Orville Redenbacher."
If Russia stops fighting, the war ends. If Ukraine stops fighting, Ukraine ends. Slava Ukraini!
Sounds like some mobster crooner from the 50s. 'Ladies and gentleman, please give a warm round of applause for Mr. Bobby Prince.'
RedEye9 wrote on Sep 30, 2019, 11:34:
Took him 3 years to find a scummy lawyer that would take his case, gotta admire his persistance.
Huh? Scummy? Prince owns the rights -- he is entitled to some form of compensation. A legitimate, respectable lawyer could take this case too -- it doesn't require an ambulance chaser...
RedEye9 wrote on Sep 30, 2019, 11:34:
Took him 3 years to find a scummy lawyer that would take his case, gotta admire his persistance.
Why would this take a scummy lawyer?
Sounds like dude has every right to be paid for his work, again... Though if it's royalty based, I can't imagine he'd get much with the lack of success Duke shit has gotten this last decade or so.
Took him 3 years to find a scummy lawyer that would take his case, gotta admire his persistance.
They really need to put whoever is in charge of AriZona iced tea in control of inflation...
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