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Duke Nukem: the lawsuit saga
Duke Nukem: Mass Destruction "All Out Of Gum aka Gearbox foils Interceptor's plan again"
#543 Posted 23 February 2014 - 06:19 PM
Alithinos, on 23 February 2014 - 02:58 PM, said:
Its 3 years since last game,and not even announcement for next one.
That's not too unusual, and of course there's Half-Life. I don't doubt Gearbox intends to release a Duke FPS, and may even be working on one already. They'll probably announce it when it's within a year of release, maybe in a couple years.
Agreed us Duke fans are a patient bunch.
#544 Posted 23 February 2014 - 07:40 PM
PsychoGoatee, on 23 February 2014 - 06:19 PM, said:
That's not too unusual, and of course there's Half-Life. I don't doubt Gearbox intends to release a Duke FPS, and may even be working on one already. They'll probably announce it when it's within a year of release, maybe in a couple years.
Agreed us Duke fans are a patient bunch.
Agreed us Duke fans are a patient bunch.
Gearbox has already announced their working on 2 new IP's and possibly on their brothers in arms game.
Source
So no Duke for now.
This post has been edited by Soap DX: 23 February 2014 - 07:41 PM
#545 Posted 23 February 2014 - 08:09 PM
Is it me or does this smell of a marketing/ publicity stunt? Because if Gearbox sent a cease and desist to Interceptor then why is the Alloutofgum website still up? because the longer the website it up the worse the punishment would be, although i base this on the assumption that Interceptor and 3D Realms are not that monumentally stupid to try to pull this crap off without Gearbox knowing.
But the gist i got from the court documents is that Gearbox threatened 3DR with legal action unless they signed a document saying that they have ceased development and admitting wrongdoing which it looks 3DR signed but Gearbox are still suing them anyway.
Either way this is definitely a strange situation.
But the gist i got from the court documents is that Gearbox threatened 3DR with legal action unless they signed a document saying that they have ceased development and admitting wrongdoing which it looks 3DR signed but Gearbox are still suing them anyway.
Either way this is definitely a strange situation.
#546 Posted 23 February 2014 - 08:14 PM
Gearbox could've had the Mass Destruction Facebook page shut down themselves by now if they wanted to. They've already done it to another page in the past.
This post has been edited by NUKEMDAVE: 23 February 2014 - 08:21 PM
#547 Posted 23 February 2014 - 08:58 PM
Gearbox sent the C&D 11 days ago and nothing appears to have changed except for the website update.
From what I can see Interceptor are still going along with their plans, Dave Oshry and I think Khaled Ibrahimi are still headed to Denmark for the reveal, the FB page is untouched and the website is showing off something new rather than showing signs of being taken down, it only took Interceptor a few hours to take down the website after we found it early and Frederick & Dave have seen this thread and all the crap we've posted about the change and still nothing has been done.
Either this is a marketing move or the longest & dumbest C&D I've ever seen.
From what I can see Interceptor are still going along with their plans, Dave Oshry and I think Khaled Ibrahimi are still headed to Denmark for the reveal, the FB page is untouched and the website is showing off something new rather than showing signs of being taken down, it only took Interceptor a few hours to take down the website after we found it early and Frederick & Dave have seen this thread and all the crap we've posted about the change and still nothing has been done.
Either this is a marketing move or the longest & dumbest C&D I've ever seen.
#548 Posted 23 February 2014 - 09:10 PM
NUKEMDAVE, on 23 February 2014 - 08:14 PM, said:
Gearbox could've had the Mass Destruction Facebook page shut down themselves by now if they wanted to. They've already done it to another page in the past.
It's a Facebook page with no actual information revealed on it aside from the website(s).
xMobilemux, on 23 February 2014 - 08:58 PM, said:
Gearbox sent the C&D 11 days ago and nothing appears to have changed except for the website update.From what I can see Interceptor are still going along with their plans, Dave Oshry and I think Khaled Ibrahimi are still headed to Denmark for the reveal, the FB page is untouched and the website is showing off something new rather than showing signs of being taken down, it only took Interceptor a few hours to take down the website after we found it early and Frederick & Dave have seen this thread and all the crap we've posted about the change and still nothing has been done.Either this is a marketing move or the longest & dumbest C&D I've ever seen.
If this is a marketing thing then... I am amazed. I really don't know how "dumb" anyone is but if you read the document, George signed saying he is infringing on the copyright... and they kept the project going like they really don't care. Either they think they have the rights/can get away with it or someone got hit on the head with a coconut last summer.
Remember how long the last lawsuit took for us to get some actual news? Hopefully it won't take that long again.
Edit: Also thanks to leilei http://steamcommunit...734423977731901
This post has been edited by Lunick: 23 February 2014 - 09:11 PM
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#550 Posted 24 February 2014 - 02:21 AM
Some thoughts about this shit (if not facts):
I dont' get why some people run in circles...
Mike Norvak...
- Gearbox is the owner of the Duke Nukem IP, no one other than Gearbox can make whatever they want with the franchise (future games)
- Anyone willing to make a whole new game/mod based on Duke Nukem IP on any engine other than Build / (Prism3D, etc) without the permission of Gearbox must work quietly with no announcement and then release it (for free). Getting a lawsuit. Then dissapear.
- Anyone willing to make a whole new game/mod based on Duke Nukem IP on any engine other than Build / (Prism3D, etc) without the permission of Gearbox and not working quietly, even announcing it before release, is either incredibly naive or is looking to become a false martyr.
- Anyone willing to make a whole new game/mod based on Duke Nukem IP on any engine [...], but still wants to release the game withtout any lawsuit, must develop a brandt new IP spiritually based on Duke Nukem, and go ahead...
I dont' get why some people run in circles...
Mike Norvak...
#551 Posted 24 February 2014 - 02:31 AM
This post has been edited by Lunick: 24 February 2014 - 02:32 AM
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#552 Posted 24 February 2014 - 02:44 AM
Wow, MumboJumbo CnD'd the SiN HD pack? A pack that would require people to buy SiN to use, and that MumboJumbo would not have to invest any money into itself? Strange politics.
If it is a marketing stunt, then it'd feel really cheap. Surely the fact that it's part of the Duke Nukem Franchise would be enough to get copies sold?
If it is a marketing stunt, then it'd feel really cheap. Surely the fact that it's part of the Duke Nukem Franchise would be enough to get copies sold?
#553 Posted 24 February 2014 - 02:49 AM
My thoughts on this:
There must be a bit more to it than just "3DR should have known". Because it is not like Scott and George will say, oh let us make a new Duke game although we don't have the rights. There are ALWAYS lawyers behind projects like that. I still remember that from the Reloaded project. Even though that seemed to the public like that GBX just said that Interceptor can make that free game. There were lawyers from all three parties involved GBX, Interceptor AND 3DR (!!!).
And if all three parties had lawyers look into contracts and licenses about a free remake I couldn't imagine there weren't any involved in a new commercial game based on that IP.
What comes out of it ... I have no idea.
On th other hand:
If I were 3DR I would have concentrated on the very promising restart of the Shadow Warrior IP. The Duke IP is doomed anyways in GBX' hands as I think they are not able to do it justice. GBX will have to go after the mainstream audience which will result in mediocre (at best) shooter experiences which wouldn't fit Duke. Games like Serious Sam, Shadow Warrior and Duke Nukem are semi-ninche. They will get their following and be profitable, but won't appeal to the masses on a Battlefield/COD like scale.
Give Shadow Warrior (the reboot) a bit more variety in gameplay (enemies in non-arena-situations between the arena-fights and also add a bit more funny interactivity with the environments), add multiplayer to the engine (for Coop and versus) and continue the current story which is very good and that ultimately leads into the beginning of the classic shadow warrior story. Then, after that, maybe make make a Shadow Warrior Reloaded which is basically a modern remake of Shadow Warrior as DN-Reloaded should have been.
Look, Interceptor has some experience with UEngine now after ROTT and we know that you can come close enough to the Shadow Warrior visuals in it (that cleanup game was done in UEngine). Hello, 3DR, there you have a lot of potential at hand ... use it.
3DR aren't a AAA studio/publisher and they have a fine IP at hand. Concentrate on that, because in the end they have all the rights to it and I know that many people enjoyed the new Shadow Warrior more than DNF.
There must be a bit more to it than just "3DR should have known". Because it is not like Scott and George will say, oh let us make a new Duke game although we don't have the rights. There are ALWAYS lawyers behind projects like that. I still remember that from the Reloaded project. Even though that seemed to the public like that GBX just said that Interceptor can make that free game. There were lawyers from all three parties involved GBX, Interceptor AND 3DR (!!!).
And if all three parties had lawyers look into contracts and licenses about a free remake I couldn't imagine there weren't any involved in a new commercial game based on that IP.
What comes out of it ... I have no idea.
On th other hand:
If I were 3DR I would have concentrated on the very promising restart of the Shadow Warrior IP. The Duke IP is doomed anyways in GBX' hands as I think they are not able to do it justice. GBX will have to go after the mainstream audience which will result in mediocre (at best) shooter experiences which wouldn't fit Duke. Games like Serious Sam, Shadow Warrior and Duke Nukem are semi-ninche. They will get their following and be profitable, but won't appeal to the masses on a Battlefield/COD like scale.
Give Shadow Warrior (the reboot) a bit more variety in gameplay (enemies in non-arena-situations between the arena-fights and also add a bit more funny interactivity with the environments), add multiplayer to the engine (for Coop and versus) and continue the current story which is very good and that ultimately leads into the beginning of the classic shadow warrior story. Then, after that, maybe make make a Shadow Warrior Reloaded which is basically a modern remake of Shadow Warrior as DN-Reloaded should have been.
Look, Interceptor has some experience with UEngine now after ROTT and we know that you can come close enough to the Shadow Warrior visuals in it (that cleanup game was done in UEngine). Hello, 3DR, there you have a lot of potential at hand ... use it.
3DR aren't a AAA studio/publisher and they have a fine IP at hand. Concentrate on that, because in the end they have all the rights to it and I know that many people enjoyed the new Shadow Warrior more than DNF.
This post has been edited by fuegerstef: 24 February 2014 - 02:53 AM
#554 Posted 24 February 2014 - 02:57 AM
Lunick, on 24 February 2014 - 02:31 AM, said:
So i'm guessing that Fresch has just been fired
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#555 Posted 24 February 2014 - 03:03 AM
I still think that Gearbox can make a decent Duke game aimed at old-school fans as well as people looking for something different, without pouring hundreds of millions of dollars into development. It doesn't have to be a AAA game, in terms of graphics anyway, and I certainly wouldn't want it to be a AAA game if it meant catering to the lowest common denominator.
#556 Posted 24 February 2014 - 03:06 AM
Rapture Rising, on 24 February 2014 - 02:57 AM, said:
So i'm guessing that Fresch has just been fired
Fred does level design... I think? I'm sure he would be just fine. How many people do they have to do models though?
#557 Posted 24 February 2014 - 03:13 AM
Micky C, on 24 February 2014 - 03:03 AM, said:
I still think that Gearbox can make a decent Duke game aimed at old-school fans as well as people looking for something different, without pouring hundreds of millions of dollars into development. It doesn't have to be a AAA game, in terms of graphics anyway, and I certainly wouldn't want it to be a AAA game if it meant catering to the lowest common denominator.
Can they still? Do they have the right designers working at their studio? Or do they have more modern gamers there? THose who like to make games about looting with mediocre shooting mechanics slapped onto it?
How is the publisher involved, will they finance a non-AAA game or does GBX have to finance that game on their own ... and if GBX has to finance it themsleves, wouldn't they be better of concentrating on their flagship IP(s)? Cause 2K have all the publishing rights for Duke future games by GBX.
This post has been edited by fuegerstef: 24 February 2014 - 03:16 AM
#558 Posted 24 February 2014 - 03:13 AM
In Exhibit C of the filed complaint:
Having read all the documents included in the filed complaint it seems that the 'Asset Purchase Agreement' between 3D Realms and Gearbox Software that was done in February 2010 included 3D Realms holding the rights to several titles in production at the time, including the Duke Nukem Trilogy with Apogee Software, LLC., and a prior to now unheard of Duke Nukem title called 'Survivor'.
This suit seems to stem from Gearbox Software's belief that 3D Realms are breaching the asset purchase agreement in that they are producing Duke Nukem: Mass Destruction with Interceptor Entertainment. In the context of the letter (Exhibit C) it seems 3D Realms have claimed that Duke Nukem: Mass Destruction is the same as Duke Nukem: Survivor that 3D Realms held the rights to under the asset purchase agreement.
For anyone interested here are the documents filed with the complaint:
[Filed Complaint]
[Exhibit C]
[Exhibit D]
Quote
Furthermore, Gearbox does not believe, as you reportedly claim, that this new project was formerly known as “Survivor” (or any of the games listed in the now four-year-old Supplement).
Having read all the documents included in the filed complaint it seems that the 'Asset Purchase Agreement' between 3D Realms and Gearbox Software that was done in February 2010 included 3D Realms holding the rights to several titles in production at the time, including the Duke Nukem Trilogy with Apogee Software, LLC., and a prior to now unheard of Duke Nukem title called 'Survivor'.
This suit seems to stem from Gearbox Software's belief that 3D Realms are breaching the asset purchase agreement in that they are producing Duke Nukem: Mass Destruction with Interceptor Entertainment. In the context of the letter (Exhibit C) it seems 3D Realms have claimed that Duke Nukem: Mass Destruction is the same as Duke Nukem: Survivor that 3D Realms held the rights to under the asset purchase agreement.
For anyone interested here are the documents filed with the complaint:
[Filed Complaint]
[Exhibit C]
[Exhibit D]
#559 Posted 24 February 2014 - 03:20 AM
Green, on 24 February 2014 - 03:13 AM, said:
In Exhibit C of the filed complaint:
Having read all the documents included in the filed complaint it seems that the 'Asset Purchase Agreement' between 3D Realms and Gearbox Software that was done in February 2010 included 3D Realms holding the rights to several titles in production at the time, including the Duke Nukem Trilogy with Apogee Software, LLC., and a prior to now unheard of Duke Nukem title called 'Survivor'.
This suit seems to stem from Gearbox Software's belief that 3D Realms are breaching the asset purchase agreement in that they are producing Duke Nukem: Mass Destruction with Interceptor Entertainment. In the context of the letter (Exhibit C) it seems 3D Realms have claimed that Duke Nukem: Mass Destruction is the same as Duke Nukem: Survivor that 3D Realms held the rights to under the asset purchase agreement.
For anyone interested here are the documents filed with the complaint:
[Filed Complaint]
[Exhibit C]
[Exhibit D]
Having read all the documents included in the filed complaint it seems that the 'Asset Purchase Agreement' between 3D Realms and Gearbox Software that was done in February 2010 included 3D Realms holding the rights to several titles in production at the time, including the Duke Nukem Trilogy with Apogee Software, LLC., and a prior to now unheard of Duke Nukem title called 'Survivor'.
This suit seems to stem from Gearbox Software's belief that 3D Realms are breaching the asset purchase agreement in that they are producing Duke Nukem: Mass Destruction with Interceptor Entertainment. In the context of the letter (Exhibit C) it seems 3D Realms have claimed that Duke Nukem: Mass Destruction is the same as Duke Nukem: Survivor that 3D Realms held the rights to under the asset purchase agreement.
For anyone interested here are the documents filed with the complaint:
[Filed Complaint]
[Exhibit C]
[Exhibit D]
Thanks for the insight. As I said above, there is more to it.
This whole GBX/Interceptor/3DR sucks you find everywhere is so ... childish.
This post has been edited by fuegerstef: 24 February 2014 - 03:21 AM
#561 Posted 24 February 2014 - 03:24 AM
Lunick, on 24 February 2014 - 02:31 AM, said:
"Lets hope you'll manage to beat disgusting Gearbox !"
"Interceptor Entertainment likes this"
I wonder what Gearbox's reaction would be if they saw that
UNLEASH THE BUTTHURT
#562 Posted 24 February 2014 - 03:25 AM
TheZombieKiller, on 24 February 2014 - 03:24 AM, said:
"Lets hope you'll manage to beat disgusting Gearbox !"
"Interceptor Entertainment likes this"
I wonder what Gearbox's reaction would be if they saw that
UNLEASH THE BUTTHURT
"Interceptor Entertainment likes this"
I wonder what Gearbox's reaction would be if they saw that
UNLEASH THE BUTTHURT
TBH, the relationship between 3DR and Interceptor on one side and GBX on the other wasn't the best since during the active development of Reloaded. So, nothing new here.
This post has been edited by fuegerstef: 24 February 2014 - 03:26 AM
#563 Posted 24 February 2014 - 03:28 AM
GBX managed to piss off almost everyone as of late so it's not surprising either.
#564 Posted 24 February 2014 - 03:30 AM
TheZombieKiller, on 24 February 2014 - 03:24 AM, said:
"Lets hope you'll manage to beat disgusting Gearbox !"
"Interceptor Entertainment likes this"
I wonder what Gearbox's reaction would be if they saw that
UNLEASH THE BUTTHURT
"Interceptor Entertainment likes this"
I wonder what Gearbox's reaction would be if they saw that
UNLEASH THE BUTTHURT
- Honored Donor
-
#565 Posted 24 February 2014 - 03:35 AM
If 3DR really do have the rights to 2 more Duke Trilogy games and Survivor, does it really matter what the games are and what they're called? I mean the way Gearbox are acting, it sounds like they're going to block any games released that don't have half their assets from the 2010 era or something like that.
#566 Posted 24 February 2014 - 03:45 AM
The fact that Fresch is in trouble and is getting sued, is the best news I could wake up to. It's good enough to even be considered a birthday gift for me today.
As for Gearbox being Gearbox, nothing surprising there. Gearbox has obviously become pure shit and there's nothing more to be said about them in my opinion.
As for Gearbox being Gearbox, nothing surprising there. Gearbox has obviously become pure shit and there's nothing more to be said about them in my opinion.
This post has been edited by Mr.Deviance: 24 February 2014 - 03:46 AM
#567 Posted 24 February 2014 - 03:47 AM
Mr.Deviance, on 24 February 2014 - 03:45 AM, said:
The fact that Fresch is in trouble and is getting sued, is the best news I could wake up to. It's good enough to even be considered a birthday gift for me today.
Huh, he is getting sued? Childish wishful thinking? Get a coffee and grow up.
#568 Posted 24 February 2014 - 03:51 AM
fuegerstef, on 24 February 2014 - 03:47 AM, said:
Huh, he is getting sued? Childish wishful thinking? Get a coffee and grow up.
Yes interceptor is getting sued, didn't you read the news?
This post has been edited by Mr.Deviance: 24 February 2014 - 03:54 AM
#569 Posted 24 February 2014 - 04:01 AM
Mr.Deviance, on 24 February 2014 - 03:51 AM, said:
Yes interceptor is getting sued, didn't you read the news?
Which isn't Fresch. It is a company. The only real person adressed by name is Scott Miller.
This post has been edited by fuegerstef: 24 February 2014 - 04:22 AM
