PCGamesN has details on a lawsuit filed this week by 3D Realms against Gearbox Software over unpaid royalties for Duke Nukem
The suit alleges that 3D Realms is owed more than $2 million, and that Gearbox has refused to pay royalties. Kotaku has the following statement sent by Gearbox on the lawsuit.
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 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.