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3D Realms “Dukes It Out” Against Gearbox

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By NeonAnderson14-06-2013

Wow, this was unexpected, but it now arises that 3D Realms (now Apogee Software Ltd.) is taking Gearbox to court for an alleged 2 million USD of unpaid royalties and advance payments for the Duke Nukem franchise.

The official suit is a "breach of contract" and was filed in Texas Friday 7th June 2013. In the lawsuit, 3D Realms is claiming that Gearbox failed to fill their cash side of the purchase agreement, between the two companies when Gearbox signed to purchase the rights to Duke Nukem Forever. In addition, the contractual agreement gave 3D Realms the right to have an independent audit performed of the royalties, something that Gearbox is supposedly blocking.

As stated in the official complaint "3D Realms has therefore been required to file this lawsuit to enforce the purchase agreement, to recover the amounts due and owing from Gearbox and to enforce the audit right provided by the agreement to enable it to conduct an audit of Gearbox's royalties"

In response to the court filing, Gearbox denied the allegation (obviously) and said that "The reality is that 3D Realms received the full benefit of its bargain. Gearbox, in fulfilment of its commitments, enriched 3D Realms, saved 3DR from its debts and rescued 3DR from its failed dozen plus year attempt to ship Duke Nukem Forver"

Furthermore, Gearbox states that "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 will be interesting to see how this unfolds and who the court decides is in the right. From an outsider view we do know for a fact that Duke Nukem Forever turned out to be a big failure and as such performed poorly financially. Thus it would seem that Gearbox would not be able to pay much from profits as there likely were none. However, blocking an independent audit sounds very fishy and would be strange if Gearbox is really doing this, but there again there could be other reasons for this and the only way we will find out what truly is going on is when this case finally hits court.

We will make certain to keep y'all up-to-date as the story unfolds, as a long time Duke Nukem fan and a disappointed gamer with Duke Nukem Forever, I am especially curious to find out what is happening behind the screens, so to speak...


Comments (3)
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Posts: 596

Yeah it is odd all these lawsuits, but I think it has to do with the economy and number of struggling gaming companies (mostly due to their own faults and not the bad economy though...) as such they try to seek any means necessary to gain funds, including lawsuits.

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Posts: 1317

Yeah, they can tear each other apart for all I care. Good riddance.

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Posts: 3290

Is there some kind of competition going on to prove who can create the biggest, most frivolous lawsuit in the video game industry or something? Not that I'm saying this is either, but dude. That makes four now? Five?

Dafuq is going on?