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GBX sues 3DR over Duke...again  "Duke 5 never btw"

#1

https://www.digitalt...sues-3d-realms/

"Randy Pitchford, CEO of Gearbox, told Digital Trends his studio was forced to file the action after 3D Realms denied Prince’s claims and rejected an indemnification request that would absolve Gearbox of all financial responsibility of the claims. He added that while he believes Prince’s claim to be valid, a court needs to be the final arbiter of that claim.

“We’re literally in the middle – either Bobby is right and deserves to be paid, in which case 3D Realms is wrong … or 3D Realms is right and Bobby’s wrong,” he says. “And we don’t know. So, we need to bring a judge in and have a look at things from both sides.”"

I don't even know what to say at this point.

Oh, and here's my favorite quote: "“Nothing about Duke Nukem is about profit at this point. It’s about goodwill,” says Pitchford."

2nd favorite: “If 3D Realms is wrong here, they’re kind of shitheads,” says Pitchford. “Part of what the court is supposed to do is disincentivize shitheads.”

This post has been edited by Futuretime23: 15 June 2020 - 08:46 AM

3

User is offline   HulkNukem 

#2

3DRealms/Gearbox and litigations over Duke Nukem

Name a more iconic duo
12

#3

View PostHulkNukem, on 15 June 2020 - 08:12 AM, said:

3DRealms/Gearbox and litigations over Duke Nukem

Name a more iconic duo

Randy and magic tricks, like making cash vanish?
2

User is offline   gemeaux333 

#4

Randy know enough about magic to say that everything you see is not everything that happen(ed)...I have always been thinking that by acquiring the Duke Nukem franchise, he got a poisonous gift... and 3D Realms not content with having messed up DNF still try to have the last word, even if it means breaking every single therms of the contract they have supposedly signed when the IP transfert happened, including the fact that by doing so Gearbox would never have to face any risk of copyright infrigment, and while Randy Pitchford organised a fund rising to help Bobby Prince when he had a cancer, 3D Realms didn't gave him a penny ever since !

Too bad no one cares about Duke Nukem as much as Randy do, Duke is like a second wife to him, although I don't say that kind of things everyday, I rather think wedlocks between cousins are much better than gay ones

This post has been edited by gemeaux333: 15 June 2020 - 08:34 AM

-10

User is offline   ck3D 

#5

View PostFuturetime23, on 15 June 2020 - 08:00 AM, said:

"“Nothing about Duke Nukem is about profit at this point. It’s about goodwill,” says Pitchford."


No Profit: Duke It Out In Goodwill coming 2029 exclusively at all good thrift stores near ye.
5

User is offline   Lazy Dog 

#6

View Postgemeaux333, on 15 June 2020 - 08:28 AM, said:

Too bad no one cares about Duke Nukem as much as Randy do, Duke is like a second wife to him


Imagine actually believing this.

Quote

although I don't say that kind of things everyday, I rather think wedlocks between cousins are much better than gay ones


???

This post has been edited by Lazy Dog: 15 June 2020 - 09:17 AM

4

User is online   MusicallyInspired 

  • Buy Mage's Initiation!

#7

Wow.
5

User is offline   Lord_Kane 

#8

Just give it up Randy, you have had your chance, and you have done nothing with it, no new duke games, just trying to smear your dirty grease all over DN3D and be a pretender to the throne, you just made levels for it that were never even finished. Release DN from your clutches and bring back the original DN3D and Megaton to Steam and GOG. You had no part in its legacy or popularity.

This is about my limit without devolving into incoherence and personal insults.
6

User is online   Outtagum 

#9

Quote

The two companies butted heads again in 2014 when Interceptor Entertainment attempted to publish Duke Nukem: Mass Destruction. Gearbox sued 3DR and Interceptor, saying in its complaint: “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.”

Pitchford says that all came about just as Gearbox was in the process of finalizing a deal with a publisher for a new, big-budget Duke Nukem game of its own.

“We had a great concept and a great design and a publisher with a huge budget,” he says. “We were at that state where you’re moving back and forth. At that moment, a story pops up about a Dutch company doing a new Duke Nukem game. Scott had sold them a license to do the game. He sold these guys the Brooklyn bridge.”

Beyond World Tour, Gearbox has not done much with the Duke Nukem license since the release of Duke Nukem Forever nine years ago. But Pitchford’s revelation that the studio had plans for a revival several years ago is notable. And he acknowledges part of the mission of the 20th anniversary edition of the game is to “help the franchise find new life in the [current] world.”


...
2

User is offline   Phredreeke 

#10

View PostLord_Kane, on 15 June 2020 - 10:14 AM, said:

Release DN from your clutches and bring back the original DN3D and Megaton to Steam and GOG.


IMO Megaton is best forgotten about - it was a great way to get the game + expansions, it was not a great way to play it.
5

User is offline   Lord_Kane 

#11

View PostPhredreeke, on 15 June 2020 - 11:43 AM, said:

IMO Megaton is best forgotten about - it was a great way to get the game + expansions, it was not a great way to play it.


Fair, but still DN3D requires liberation.
2

User is offline   Lord_Kane 

#12

View PostFuturetime23, on 15 June 2020 - 08:00 AM, said:

.
"“Nothing about Duke Nukem is about profit at this point. It’s about goodwill,”



Fuck you Randy, You made many statements before DNF's release, on twitter and in interviews that you were going to "do so much" with DN, and you have done nothing, but try to shit on the legacy of Aliens, release a DN3D remaster that NO ONE WANTED OR NEEDED, and just make borderlands sequels, [note I am not a fan of borderlands] but nothing else, no new DN games at all, so much for "bringing duke back" and now you claim its BECAUSE OF GOODWILL.

Fuck You.
2

User is offline   Fox 

  • Fraka kaka kaka kaka-kow!

#13

View PostLazy Dog, on 15 June 2020 - 09:02 AM, said:

View Postgemeaux333, on 15 June 2020 - 08:28 AM, said:

although I don't say that kind of things everyday, I rather think wedlocks between cousins are much better than gay ones


???


???
4

User is offline   brullov 

  • BAZINGA!

#14

Spoiler

10

User is offline   gemeaux333 

#15

View PostPhredreeke, on 15 June 2020 - 11:43 AM, said:

IMO Megaton is best forgotten about - it was a great way to get the game + expansions, it was not a great way to play it.


And the the fact it wasn't "legal" because of copyright and publishing right issues bound to the expansions (even 3D Realms didn't have the right to publish them from the start), rights that belong(ed) to Sunstorm among other.

View Postgemeaux333, on 15 June 2020 - 12:00 PM, said:

although I don't say that kind of things everyday, I rather think wedlocks between cousins are much better than gay ones

View PostLazy Dog, on 15 June 2020 - 12:00 PM, said:

???

View PostFox, on 15 June 2020 - 12:00 PM, said:

???

Relax, it was just a joke

This post has been edited by gemeaux333: 15 June 2020 - 01:57 PM

0

User is offline   t800 

#16

"Goodwill?"
This is what he calls his attitude towards fans? If Shadow Warrior IP was in hands of Gearbox we would never get any beta materials.
But I guess commercial failure of World Tour was final nail in coffin of Duke IP. Expecting anything more out of it would be sheer naivity now.
3

#17

Randy if anyone is a shithead it is you, and if you want to talk about lying shell we get the videos from youtube mmm?.
3

#18

Thinking about it, at first I was just thinking Randy's the usual shithead, but then it occurred to me that if they really didn't tell Gearbox about this it might be less clear legally. But then I finally realized something, ignorance of the law is no excuse, and further, Gearbox should have a lawyer around. There is literally no reason why Gearbox shouldn't have figured this problem out long before now.
1

User is offline   Hank 

#19

Yep. First, it was the deal for the IP with DNF for Gearbox. Then Gearbox made a lawsuit to get all related games of the IP. And now they were shocked to learn they have to pay for third party copyrights of that complete set of games?

You don’t need a gun to get cash, just good layers and a suitable judge. :(
1

#20

It's another litigation to run 3d realms into the ground, because Randy Pitchford is a a whiny bullying sadist, who can't take responsibility for his failure of properly attaining assets.

And wants to instead sue a small struggling company because he likes the idea of it, it must turn him on. Especially after the last time where they somehow ended up with the rights to all of the old games, and the game in development, when they had no right to. The game was part of the assets 3d realms retained with the original deal, and the old games were sposed to be retained under 3d realms jurisdiction per that same agreement.

Randy could have said my lawyers failed to ascertain proper ownership of the Duke IP, which is clearly what happened in this case. They must've glanced over proper paperwork.

Instead he goes the avenue of running the same company he tried to run into the ground years ago, cause, again, it turns him on. And he knows he'll win, because he won the last time, when he shouldn't have.
2

User is offline   gemeaux333 

#21

Lets stick to the essential : this issue have to be settled for good, preferably with a friendly agreement and/or out of court, so Bobbi Prince will no longer be stuck in a legal limbo when it comes to the royalties owed to him

This post has been edited by gemeaux333: 15 June 2020 - 06:59 PM

1

User is online   MusicallyInspired 

  • Buy Mage's Initiation!

#22

Bobby Prince doesn't strike me as the kinda guy who'll back down. Randy knows he can't be bought and that's why he and Gearbox's lawyers have found a way to pin the blame on 3DR. Thing is, it'll work because 3DR doesn't have a good track record when it comes to lawsuits.

I don't pretend to understand all the ins and outs of this but all I see is Gearbox slamming 3DR two or three times over ownership of the Duke license and now that owning the license means bad news for them they're trying to go back to 3DR and say "no no no this is still THEIR responsibility!" World Tour is not linked to 3DR in any way. They even rewrote the source code from the ground up so they wouldn't have to owe people GPL royalties and all that or whatever. I don't see how this is possible. But I don't understand law and its loopholes either. I wonder if Ken even got anything out of World Tour and he's just not bothering about it like Bobby is...

This post has been edited by MusicallyInspired: 15 June 2020 - 10:45 PM

4

User is offline   gemeaux333 

#23

The kind of article you can only disagree with : https://kotaku.com/d...-ove-1844043358

And some interesting reactions : https://youtu.be/4TQFpOAe1Ds

This post has been edited by gemeaux333: 16 June 2020 - 07:09 AM

0

User is offline   Fox 

  • Fraka kaka kaka kaka-kow!

#24

Some highlights:

1)

"Gearbox says Apogee Software (which owns 3D Realms) breached their 2009 contract by failing to deliver the Duke Nukem intellectual property “free and clear,” withholding details of a key agreement that impacts Gearbox’s ability to publish (and republish) the franchise’s titles."

The "free and clear" part is included in the 2010 contract (pages 8 and 15), which Gearbox took over the development of DNF.

However, 3DR was sued and lost the entire Duke Nukem IP in 2015. The development of World Tour was only possible because of that. I don't understand why they are bringing up a contract from 2009-2010.

2)

Prince contacted Randy Pitchford before, which Gearbox even replied they would pay him but never did.

I don't understand why they would sue 3DR for withholding details of a contract, if they were already made aware of it and choose to ignore it.

3)

75,000 sounds too little to sue 3DR over, and probably wouldn't cover Gearbox lawyers fee.

This post has been edited by Fox: 20 June 2020 - 10:21 AM

11

User is offline   xMobilemux 

#25

https://i.imgur.com/FMSvrEr.jpg
20

#26

Duke 3D has been announced for Switch. Wonder if this is why the lawsuit is happening again now.
0

#27

Duke Nukem 3D: 20th Anniversary World Tour will cost $9.99 on the Switch eShop. From now through July 7, fans can purchase the game at a 50 percent discount.
https://nintendoever...1M0nIeawnyrcvkc

This post has been edited by Duke Legacy: 16 June 2020 - 10:48 AM

0

User is online   Mark 

  • Polymer fanboy

#28

here we go yet again :D

Attached thumbnail(s)

  • Attached Image: grab hat.jpg

2

User is offline   jimmy is a stupid fuck 

  • I'll fuckin edit this too bitch

#29

I actually don't blame them on this one. id Software stopped working with Apogee because of their shitty and shady business practices. Scott runs a fly by night business. People here who have worked with Apogee know all about their "contracts."

I like Bobby and he should definitely want to get what is his. But let's face it, this is business and if Gearbox doesn't have to pay someone, they're not going to do it out of goodwill. The price of doing business with Apogee is getting drilled no Vaseline down the line.
0

User is offline   Tea Monster 

  • Polymancer

#30

Like most of the sad, sorry history of Duke, this makes no sense. Settling directly with Prince would be a fraction of the time, effort or cost of suing poor old 3DR - again. On the other hand, last time they took them to court over one game, they somehow wound up with the whole IP and the entire back catalog. If they shake the gifting tree one more time, who knows what else will fall out? Hey TX, how do you feel about having Randy as your new boss?

Just imagine if Gearbox had put this many resources into what they should actually be doing, which is making a game? We'd be on our second new title by now.

This post has been edited by Tea Monster: 16 June 2020 - 10:10 PM

2

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