Well this is an unusual one.
Gearbox are bringing a lawsuit for violating the Duke Nukem IP against 3D Realms, the original developers of Duke Nukem and another studio, Interceptor. Gearbox bought the IP off of 3D Realms back in 2010, but allege that 3D Realms has been telling other companies that they still own the IP and are free to develop new Duke Nukem games. Oh, and there’s the small matter of the Duke Nukem: Mass Destruction game that Interceptor is due to release in a few days.
Duke Nukem: Mass Destruction is set to release on the Playstation 4 and PC on February 25th, yet communications between all three companies have apparently been open since the 13th of the month, when Gearbox sent a cease and desist letter to 3D Realms asking it to “halt all unauthorized exploitations of Gearbox’s Duke Nukem intellectual property.” Even though 3D Realms replied 3 days later apologising for any violation of the rights, acknowledged that they no longer had the rights to develop new games for the Duke Nukem, that the right now belonged solely to Gearbox to do so and that 3D Realms would ‘refrain from any acts that use of violate the Duke IP’ the game’s release doesn’t seem to have been stopped or even slowed down, which has resulted in Gearbox’s lawsuit.
The suit, which was filed on February 21st, is against both companies although Gearbox seem to be placing most of the blame squarely on the shoulders of the former owner of Duke Nukem’s IP.
“After selling its Duke Nukem IP rights to Gearbox in 2010, 3DR sought to privately convince others that the sale never happened.
Unfortunately for Interceptor.. the 3DR Declaration makes it clear: 3DR no longer owns the unrestricted rights to Duke Nukem IP,and 3DR has no right or ability to make any agreements in violation of Gearbox’s exclusive rights.
The 3DR-Interceptor manoeuvre has left Gearbox with little choice but to bring these claims.”
As I said, it’s an unusual case. Everyone seems pretty sure of who owns the IP and who is in the wrong yet… the game is still being released? Certainly something we’ll be keeping an eye on, especially from Tuesday when the game is released.
Lawsuit document is here.
