Duke Nukem developer Apogee Software is suing Gearbox Software over unpaid royalties and fees from Duke Nukem Forever.
Long story short, Apogee claims that Gearbox Software owes the company more than $2 million between their 2010 purchase agreement and the royalties on the game.
Gearbox, however, claims otherwise, and in a statement issued to Polygon, effectively called Apogee’s actions petulant:
“Ironically, Scott Miller himself provided the best response when he wrote: ‘filed lawsuits are entirely one-sided statements, based on knee-deep BS and with more spin than a top.’ The reality is that Apogee/3D Realms (3DR) received the full benefit of its bargain. Gearbox, in its fulfillment of its commitments, enriched 3DR, saved 3DR from its debts, and rescued 3DR from its litigation surrounding its failed dozen-plus year attempt to ship Duke Nukem Forever
“Everyone wished that 3DR’s game was better received by the market for the benefit of gamers and profit to its creators. While 3DR might not wish the reality that the results make clear, 3DR turned out to be the only beneficiary of the deal. Gearbox Software, meanwhile, experienced damage to its credibility and loss of its money.
“It’s unfortunate that 3DR did not abide by the objective audit rules outlined in the agreement and even more unfortunate that it chose to blame its failures on Gearbox. Since 3DR seems unable to accept reality and has chosen to become hostile, Gearbox is forced to bring its actual claims of breach of contract against 3DR and is confident Gearbox will prevail.
“Perhaps the lesson learned here is to never enter a gaming business deal with a person who has had more lawsuits than shipped games.”
Development of Duke Nukem Forever began in 1997 by 3D Realms. After a decade’s worth of delays and a series of escalating legal issues, Gearbox Software stepped in in 2010 to complete development. The game was critically panned upon its release in June 2011.