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3D Realms drops Gearbox lawsuit, apologizes for 'misunderstanding'
3D Realms drops Gearbox lawsuit, apologizes for 'misunderstanding'
September 13, 2013 | By Kris Ligman

3D Realms has voluntarily withdrawn the lawsuit it filed this past June against Duke Nukem Forever co-developer Gearbox.

The suit alleged that Gearbox owed 3D Realms $2 million in unpaid royalties as part of a 2010 agreement regarding the Duke Nukem IP. 3D Realms argued that Gearbox had "refused and failed to make substantial royalty payments" stemming from the arrangement. In addition, the suit contended that Gearbox had failed to take over responsibility for a $2.9 million loan, which was also allegedly part of the 2010 agreement.

Fast forward to the 11th of this month, and 3D Realms has announced that the suit was due to a "misunderstanding" and withdrawn its claims against Gearbox. The suit has been dismissed with prejudice (meaning 3D Realms is legally barred from re-filing for the same claim further down the road).

The statement, by 3D Realms co-founder and CEO Scott Miller, reads as follows:

"After reviewing evidence regarding our business affairs, and without any money exchanging hands, we have satisfactorily resolved any and all differences that we perceived against Gearbox.

In all sincerity, we regret the misunderstanding that instigated our lawsuit. Now that we better understand--and appreciate--the actual nature of our business matters, we have voluntarily withdrawn our claims against Gearbox, with genuine apologies to [Gearbox president] Randy [Pitchford] for any damage that our lawsuit may have caused to the relationship.

Scott Miller

Individually & On Behalf of Apogee Software Ltd d/b/a 3DRealms Entertainment"

We'll follow up with the companies to see what this "misunderstanding" entails.

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Dane MacMahon
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Imagine what could have been achieved if these guys hired a real businessman to run things 15 years ago.

Michiel Hendriks
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That's an empty statement.
Imagine what would have become of Apogee (and therefor ID Software) 20+ years ago when "real businessman" were running the show. We might have never seen Command Keen and Doom. We might have never seen a Half Life, or a Deus Ex.
"Real businessmen" give us The Sims 3, Madden 2013, ...

Either way. I'm glad this "thing" is over. Only layers really benefit from lawsuits.

Dane MacMahon
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So you're saying they didn't need the help of someone who could pay attention to budget and development time? Someone who could reign them in and ship, who cared about the bottom line a little more than they did?

Kostas Yiatilis
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No, I think what he is saying is that things happen. Sometimes they turn out good, sometimes not. Some bad things happened which led to good things and you can't really predict what the outcome will be.

Dane MacMahon
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Right. I made my comment out of love for the company. I wish they had someone that could have kept them around releasing games.

Toby Grierson
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"someone who could pay attention to budget and development time ... reign them in and ship, who cared about the bottom line ..."

What they needed was to be that someone. Unfortunately they weren't.

Jorge Ramos
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Maybe now the self-professed Duke Nukem fan that is Randy Pitchford can start work on giving us a proper and worthy entry based on the character again. DNF marks the end of 3DRealms' work... time to see a proper Duke Nukem for this era.

If Inafune can get Mighty No. 9 off the ground via Kickstarter, Randy's got no excuse.

John McMahon
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Randy can afford to pay for development of another Duke Nukem game himself. Kickstater shoudl not be used for helping developers sell an exisiting IP, IMO.

Eric Geer
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Who's to say what kickstarter should and should not be used for? I think it has become more of a way for existing entities whether a popular developer or popular(but dead) franchise to be created/re established outside of the boundaries of an established publisher to allow more creative freedom.