[Micky C]

Me Gusta

Although its probably going to be a console exclusive if 3DR are at the helm

[xMobilemux]

Likely to be a console exclusive but maybe Interceptor can do what RedLynx did and add in mod tools and a level creator that can be used from a console. The Trials Evolution community is doing some pretty cool stuff.

[DavoX]

Is that scott guy someone known ? I never heard of him.

[Lunick]

DavoX, on 22 June 2013 - 06:55 PM, said:

Is that scott guy someone known ? I never heard of him.

The guy above you.

[Jimmy]

Console exclusive? Lame.

[Kathy]

Woah, how did it get from nothing to console exclusive? What is the game? Why is it exclusive?

[Player Lin]

Jimmy, on 22 June 2013 - 09:45 PM, said:

Console exclusive? Lame.

And it sucks for PC-only player.

I'll just pass that(if it's true) because I don't have & don't want buy a console just for that...

[Kristian Joensen]

Micky C, on 22 June 2013 - 06:39 PM, said:

Me Gusta

Although its probably going to be a console exclusive if 3DR are at the helm

If you are talking about that Facebook screensht that is about the new Apogee not 3DR. But why would it be console exclusive if 3DR is at the helm?

[High Treason]

Duke Nukem ONE - Only on XBOX One?

I sure hope not.

[----]

Kristian Joensen, on 23 June 2013 - 08:34 AM, said:

But why would it be console exclusive if 3DR is at the helm?

3DR/Apogee Ltd/Apogee LLC only have the rights for two more games in the Duke franchise: Part 2 and 3 in the Duke Nukem trilogy. And those must not come to the PC, because of contracts with GBX: That's at least what Apogee LLC said.

I bet they would love to show GBX how a good Duke game is made for PC*; but they simply aren't allowed from what I know (which is only public knowledge).


*) Just look at the thread-title. implies that the relation between them isn't the best, is it?

[Kristian Joensen]

Going by what the new Apogee said on their forums, it sounds like that is a limit on them in connection with the trilogy that is correct. But that doesn't tell us if the new Apogee have any rights not related to the trilogy and doesn't tell us what limits may be on 3DR.

But as has been said before in this thread it looks unlikely that 3DR may initiate any new Duke from scratch Duke games. However if they already had such a game in a concept phase of some sort before the GBX I suppose they could execute on those plans. But that is not really what that exchange on Facebook would suggest since that specifically talked about Apogee LLC.

[TerminX]

Maybe 3DR plans to buy the IP back at a future time. Exhibit A of the court documents certainly alludes to it being a possibility... the email from Randy mentions that language regarding 3DR re-assuming liability for the 2.9m loan needed to be added in case 3DR buys it back. The way it was worded, it sounds like 3DR can buy it back at any time regardless of whether Gearbox even wants to give it up (it mentioned that if not for language about 3DR re-assuming liability for the loan, 3DR could just sell Gearbox the IP and immediately buy it back, sticking Gearbox with repaying the 2.9m).

[----]

TerminX, on 23 June 2013 - 10:18 AM, said:

Maybe 3DR plans to buy the IP back at a future time. Exhibit A of the court documents certainly alludes to it being a possibility... the email from Randy mentions that language regarding 3DR re-assuming liability for the 2.9m loan needed to be added in case 3DR buys it back. The way it was worded, it sounds like 3DR can buy it back at any time regardless of whether Gearbox even wants to give it up (it mentioned that if not for language about 3DR re-assuming liability for the loan, 3DR could just sell Gearbox the IP and immediately buy it back, sticking Gearbox with repaying the 2.9m).

Thanks for the info. As non-native-English speaker I didn't bother to got too deep with the court documents as it would take too much to look up to fully undertand all the special law terms. And then I am not that used to the Amrican law system.

[blackharted3]

TerminX, on 23 June 2013 - 10:18 AM, said:

Maybe 3DR plans to buy the IP back at a future time. Exhibit A of the court documents certainly alludes to it being a possibility...
The way it was worded, it sounds like 3DR can buy it back at any time regardless of whether Gearbox even wants to give it up.

Hopefully, but Scott did once mention, I think just after Gearbox brought the IP that it wasn't likely that 3DR would buy it back. I think 3DR doesn't have enough funds to buy it back anyway. Hell even if they do decide to get it back, GBX wouldn't relinquish Duke that easily anyway, and I bet my bottom dollar that, that would lead to even more legal trouble and even more time wasted, and there relationship would crumble away completely.

[TerminX]

It already crumbled. I doubt they have the money right now, but with ROTT and SW coming out you never know...

[----]

/me plays lottery

[Green]

Final Disposition Hearing (9:00 AM) (Judicial Officer SMITH, CRAIG)

[blackharted3]

No activity for 60 days? Does that mean all legal action lapses after that time? I don't know. Not being a lawyer I'm a bit confused, by all the stupid legal jargon, but by the looks of the document, there's going to be a dismissal hearing, so does that mean Gearbox has quietly paid by all money they owed or have both parties kissed and made up some other way, and now they want the case to go away?

I mean why else would 3DR not do anything for 60 days, if they was so adamant that they were going to get there money back? If they were that much in debt and needed the dough so much I can't believe they'd just sit on there asses all that time and do nothing. And yes sorry for bumping the thread, but I only just noticed.

[Green]

08/15/2013 CORRESPONDENCE - LETTER TO FILE

10/28/2013 Final Disposition Hearing (9:00 AM) (Judicial Officer SMITH, CRAIG) Srvc 08/26/2013 Reset by Court to 10/28/2013

Quote

We wish to alert the Court that the parties have agreed to participate in a mediation on September 11, 2013 of all claims and issues in the case

Quote

After agreeing to mediate the case, the parties also agreed that no further pleadings would be filed with the Court until after they complete the mediation. If the mediation is successful in resolving the Plaintiff's claims, we anticipate that will promptly dismiss the lawsuit with prejudice. If the mediation is not successful, we will promptly alert the Court, and we anticipate that the Defendant, Gearbox Software LLC, will prompty file an Answer to the Original Petition.

[Lunick]

I have no idea what that means

[Kathy]

It means they are going to settle things out of court. And probably won't tell you shit.

[TerminX]

Yeah, it means they're trying to work it out without full involvement of the court. Basically, they're going to sit down with a lawyer who doesn't work for either party and specializes in mediation and try to come to an agreement that doesn't involve the court making a judgment one way or another.

[Kathy]

And that lawyer is Yatta!

[3rdmillhouse]

How are you people so certain that this hypothetical Duke game is gonna be a console exclusive?

[OpenMaw]

3rdmillhouse, on 17 August 2013 - 12:22 PM, said:

How are you people so certain that this hypothetical Duke game is gonna be a console exclusive?

Because that's what it said on the site, and that's all Apogee/3D realms would have the rights to make at this point.

[3rdmillhouse]

Commando Nukem, on 17 August 2013 - 01:25 PM, said:

Because that's what it said on the site, and that's all Apogee/3D realms would have the rights to make at this point.

Wait. Which site? You talking about the files on Dropbox?

[OpenMaw]

There was a site pulled up on one of the sites associated with either the new Apogee or 3D Realms that was talking about a "World known franchise" and how it was coming to consoles. People presumed it to be a Duke related game. I don't remember the site right now.

[Kristian Joensen]

Commando Nukem, on 17 August 2013 - 01:25 PM, said:

Because that's what it said on the site, and that's all Apogee/3D realms would have the rights to make at this point.

Got a source on 3D Realms being limited to console platforms(Duke3D Megaton Edition contradicts that)?

What you are talking about is not related to either 3D Realms or the new Apogee but Interceptor's site for Pathfinder saying:

Quote

Pathfinder (Codename) is a Next-Generation AAA First Person Shooter, in an established and world known IP, headed for Xbox 360 and PS3.

More info coming soon…

(Source)

This is not unambiguously related to Apogee or 3D Realms. It is not unambigously about Duke and it is not unambiguously about a console exclusive(it doesn't say that it NOT coming to PC... many game annoucements only mention the 360 and PS3 but then end up releasing on PC, even on day one).

[TerminX]

They can release two additional console games, which are part 2 and 3 of the Duke Nukem Trilogy. They are otherwise forbidden from making any additional Duke games, but are allowed to re-release the games made before DNF. They are not, however, allowed to create new content for those games... so, re-releasing Duke Nukem 3D as "Megaton Edition" is fine, but creating extra episodes and stuff for it isn't allowed.

[Kristian Joensen]

TerminX, on 18 August 2013 - 07:18 AM, said:

They can release two additional console games, which are part 2 and 3 of the Duke Nukem Trilogy. They are otherwise forbidden from making any additional Duke games, but are allowed to re-release the games made before DNF. They are not, however, allowed to create new content for those games... so, re-releasing Duke Nukem 3D as "Megaton Edition" is fine, but creating extra episodes and stuff for it isn't allowed.

Okay thanks. I wonder if a potential settlement to the lawsuit will change this. The thing that makes this lawsuit well suited for a settlement is that both parties are tied to each other. So Gearbox has to pay x% of their revenue from future Duke games and 3DR retains certain rights. So they could for example reduce the former in exchange for paying the money 3DR wants and increasing the latter or something like that. Gearbox could also buy 3D Realms completely out of the deal in a "Here is the money you asked for + y$, in exchange you no longer have any rights to Duke" so that they won't have to pay out royalties on future Duke games. This would benefit GBX in reducing future liabilities(and thereby uncertainty) and would benefit 3DR in giving them cash.