Boleskine
Arcane
- Joined
- Sep 12, 2013
- Messages
- 4,045
https://www.digitaltrends.com/gaming/duke-nukem-gearbox-software-sues-3d-realms/
Gearbox Software, the studio behind the best-selling Borderlands franchise, is suing the parent company of 3D Realms, accusing the creator of the Duke Nukem franchise of breach of contract.
In a third-party complaint, filed Friday in the U.S. District Court for the Eastern District of Tennessee, 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. It’s also alleging 3D Realms has refused to honor an indemnity guarantee that was part of that deal.
In 2010, 3D Realms sold the Duke Nukem IP to Gearbox, with assurances there were no copyright infringements in the series. Last September, though, Robert (“Bobby”) Prince, a composer and sound designer whose music has appeared in several classic games, including Wolfenstein 3D and Doom, sued Gearbox, alleging he owned the copyright on certain music that was included in 2016’s Duke Nukem 3D: 20th Anniversary World Tour, a remaster of the game’s most seminal title.
“Prince … asserts that the use of Prince’s music in earlier Duke Nukem video games published by 3D Realms was subject to a license agreement between Prince and 3D Realms,” the suit alleges. “Thus, contrary to the representations and warranties made by 3D Realms in the [asset purchase agreement], Prince alleges that Gearbox does not own the rights to certain music transferred to Gearbox.”
In addition to Apogee, the suit names co-founders Scott Miller and George Broussard as defendants. Neither Miller nor Broussard replied to Digital Trends’ request for comment about the complaint.
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.”
The Gearbox complaint is seeking full recovery of any judgment awarded to Prince, along with attorneys’ fees and pre- and “post-judgment interest at the maximum lawful rate from the date of judgment until paid.” Neither Pitchford nor the filing put a dollar amount on those filings.
“Nothing about Duke Nukem is about profit at this point. It’s about goodwill,” says Pitchford.
The Prince suit raised Gearbox’s fears about other potential unknown problems surrounding the IP. Should there be more issues like this lurking in the shadows, it could impact future Duke Nukem titles.
“Bobby has showed us his contract with 3D Realms, and we know that if that contract is real, 3D Realms never showed it to us,” says Pitchford. “If that’s the case, it’s not unreasonable that there are other deals 3DR didn’t pass along to us.”
Gearbox, beyond protecting itself from Prince’s claim, wants to know about those. That’s part of the incentive for asking for interest payments (though they’re also likely a negotiating tool for a possible settlement).
“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.”