Gearbox is Suing 3DR and Interceptor Over Duke Nukem Rights
A few weeks ago, 3D Realms, Interceptor Entertainment and Apogee Software began teasing a new Duke Nukem game called Mass Destruction. If Gearbox has its way, it will never see the light of day.
Gearbox sent word this morning that it has filed a federal lawsuit against 3D Realms and Interceptor Entertainment. Gearbox owns the Duke Nukem intellectual property rights, and it says it never even heard of Mass Destruction until it began appearing in the news a few weeks ago.
Gearbox acquired Duke Nukem in 2010 and helped 3DR finally finish Duke Nukem Forever, a project in development for so long that it led to the creation of the Vaporware Award. Based on comments in the complaint, that’s a fact that Gearbox has not forgotten:
“No good deed goes unpunished,” Gearbox states. “3DR’s actions illustrate the point, given the exceptional amount of support that Gearbox extended to 3DR, its ownership, and the Duke Nukem franchise that Gearbox must protect. It is worth remembering: Prior to Gearbox’s involvement, 3DR languished for over twelve unsuccessful years trying to get the Duke Nukem Forever (“DNF”) videogame off the ground, and was famously incapable of achieving its goal.”
The bad blood between the two parties began in June 2013 when 3DR sued Gearbox for nearly $3 million in unpaid Duke Nukem Forever royalties. It’s a lawsuit that 3DR later dropped and chalked up to a simple “misunderstanding.”
It appears 3DR is confused once again, because in a twist even Perry Mason himself would have trouble believing, 3DR’s own principals, Scott Miller and George Broussard, have admitted in a signed legal document dated February 16 that they had no legal right to authorize Interceptor to create Duke Nukem Mass Destruction.
“Development efforts such as 3DR’s Duke Nukem: Mass Destruction effort with others was not only unauthorized, but a material infringement of Gearbox’s rights,” Miller and Broussard state. “I apologize to Gearbox for the infringement and breach represented.”
If anything, it sounds like Interceptor and Apogee are the real victims here. It’s safe to say we’ll be seeing another Duke Nukem Mass Destruction lawsuit soon.