Gearbox suing 3D Realms over Duke Nukem rights

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Published by FileTrekker 2 years ago , last updated 2 years ago

Yup, again. Duke Nukem can't see to stay out of legal trouble, and now Gearbox is suing 3D Realms again over the intellectual property rights for the character, in relation to last year's lawsuit from composer Bobby Prince over music rights last year.

Prince filed suit against Gearbox for the use of music in Duke Nukem 3D, when they re-released the game for it's 20th Anniversary. 

Gearbox is now in turn filing suit against 3D Realms, claiming that when they were sold the Duke Nukem IP, it was solder under the basis that it was "free and clear" of any intellectual property issues, in other words, that Gearbox would be the sole owner of all rights, and would not be liable to any third parties.

...Gearbox purchased all intellectual property related to the Duke Nukem video game series (the 'Duke IP') from 3D Realms. In the Asset Purchase Agreement, 3D Realms represented to Gearbox that the Duke IP was owned free and clear by 3D Realms and that 3D Realms had the right to use the Duke IP 'without payment to a Third-Party.' 3D Realms further warranted in the APA that no copyright was infringed by use of the Duke IP in the Duke Nukem video game series.

Prince claims that the music was only licensed to 3D Realms, which would mean they held no perpetual rights over it to sell on to Gearbox. 

Randy Pitchford, CEO of Gearbox stated that he believes Prince's claim is legitimate, but that a judge will need to make the decision ultimately. As such Gearbox are looking to ensure that they aren't liable for any costs should Prince's suit be successful.

Gearbox is also looking to obtain damages, legal fees and interest from 3D Realms.

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