Gearbox, the best-selling Borderlands game developer. It sues the parent corporation of 3D Realms and accuses the maker of the Duke Nukem series of a breach of contract.
Gearbox was officially confirmed as owner of the Duke Nukem domain in 2011 following the purchase of 3D Realms rights in 2010. However, the business was in trouble after Bobby Prince, filed a suit for the use of his music in 2019. According to Prince, Gearbox did not own Duke Nukem 3D’s rights to songs and used the song when he published his 20th birthday.
Gearbox v/s Duke Nukem over 3D Realms
The Duke Nukem company had problems. Ownership fights between the original Duke Nukem Forever 3D Realms maker and the current IP owners of Gearbox Software have contributed to a series of court disputes between the two companies. Now, once again, Gearbox is suing 3D Realms for an alleged violation of the software development deal.
Gearbox is again suing the corporation over Duke Nukem. Primarily as a countersuit in reaction to being sued for the use of Duke Nukem 3D-composed music.
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Gearbox CEO Randy Pitchford claims that Prince’s assertion is valid, but the ultimate ruling is in the hands of the judge.
The lawsuit seeks complete recovery of any judgment handed down to the composer. It will include legal fees and the pre-and post-trial interest at the maximum statutory rate from the date of the judgment to the date of payment.
According to Gearbox, complete possession of the property was agreed without the need to pay any third party for related rights. The deal entered into in 2010 to buy the Duke Nukem IP was done. So with the expectation that Gearbox would own all related properties, including songs. Nonetheless, Prince’s lawsuit over the use of the song in 2019 seems to have raised concerns about all interested parties.
Gearbox also demands damages, court costs, and compensation about the suit. This will certainly entail any losses or expenses sustained as it hosted Prince’s action. As that is the basis of the company’s legal case as to how absolute and final possession of those properties was passed by 3D Realms as agreed in 2010.