Please support Game Informer. Print magazine subscriptions are less than $2 per issue
[Update] Gearbox Sues 3D Realms And Interceptor Over Duke Nukem Title
Update: Interceptor Entertainment has responded to our request for comment.
"We are aware of the lawsuit against 3D Realms and Interceptor," Interceptor CEO Frederik Schreiber told Game Informer via email. "It’s an unfortunate situation, but we have acted in good faith and are working towards a resolution."
Original Story:
In early February, 3D Realms and Rise of the Triad developer Interceptor Entertainment teased a new Duke Nukem title for PC and PS4. The game, subtitled Mass Destruction, is described as an “isometric action role-playing game” on the official Facebook page. Today, Gearbox Software filed suit on February 21 against the duo for copyright infringement.
Gearbox purchased the rights to Duke Nukem in February 2010 in order to complete the development of Duke Nukem Forever. That title was in development limbo for over a decade before releasing to middling to low critical response.
Gearbox alleges that 3D Realms is attempting to re-license the intellectual property it already sold, and in the process has infringed on Gearbox’s copyright. Gearbox issued a cease and desist letter to 3D Realms and its leadership, founder Scott Miller and Duke Nukem co-creator George Broussard, on February 13.
A response to that demand was met with an apology and acknowledgement that Gearbox is the only entity with the right to use and/or license the Duke Nukem intellectual property. This is not the first time that Duke Nukem has been at the center of a lawsuit between these parties.
In June 2013, 3D Realms sued Gearbox for breach of contract and failure to fulfill terms of the 2010 asset purchase agreement. That suit was subsequently dropped in September 2013, with an apology issued to Gearbox.
We’ve reached out to 3D Realms and Interceptor for comment. We’ll update should we receive a response.
[Source: Gearbox Filing (1), (2), (3)]
Our Take
The chain of events in this case is a bit confusing. After Gearbox issued the cease and desist and 3D Realms acknowledged its violation of the copyright, some of the terms must not have been fulfilled (possibly inclusive of leaving the Facebook page up).
3D Realms assured Gearbox it would refrain from use of the Duke Nukem intellectual property. Miller and Broussard also agreed that Gearbox is entitled to equitable remedies (which is assumed to include financial remedies). I’m interested to know what happened after the 3D Realms letter of February 16 that pushed Gearbox to file the suit.
I’d like to ask you to support Game Informer’s continued coverage of games with a subscription. For less than two dollars per issue, we mail you a full year of 10 print magazines, each with cover stories and preview features filled with exclusive details about the most exciting upcoming games. We profile and interview game creators. We look back on the rich history of gaming, and we celebrate what’s next.
Here on the website, we offer much of our content for free, including game reviews, daily news, videos, event coverage, and more – all with minimal ads.
We do so with a small editorial team, alongside contributing paid writers from around the world – over 65 individuals from 9 countries around the world, just in the last couple of years.
It’s not possible without support.
In a time when game makers and games coverage have faced hard struggles and layoffs, the future of this 30+ year magazine and community is at risk. Our new standalone magazine subscription is the number one way you can keep us alive – and we believe you’ll get a pretty fantastic gaming magazine in your mailbox every few weeks for your trouble.
Thank you.
