Four years after Duke Nukem celebrated its 20th anniversary with a remaster, speculation surrounding the Nukem franchise's future still makes headlines. However, the latest news about the series is about its past. Last week, developer Gearbox Software filed a lawsuit against the series' original developers, Apogee Software and 3D Realms.

When the Borderlands developer acquired Duke Nukem in 2010, the series' creators apparently included a clause that promised that the series had no problems with copyright infringement that might impede development of both remasters and new games.

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However, composer Robert Prince sued Gearbox and Randy Pitchford after the Duke Nukem 3D: 20th Anniversary World Tour release in 2019 for allegedly using his original tracks without proper compensation. In his own suit, Prince claimed to have a licensing deal with 3D Realms for his contributions to Duke Nukem's original soundtrack. According to the official filing to the U.S. District Court, this licensing deal forms the core of Gearbox's lawsuit against the two companies and Duke Nukem creators Scott Miller and George Broussard. Specifically, Gearbox considers 3D Realms' failure to mention the licensing deal and to secure Prince's rights a breach of contract.

In a statement to Digital Trends, Gearbox CEO Randy Pitchford blamed the current dispute on the original developers. He claimed that 3D Realms' refusal to compensate Prince on Gearbox's behalf forced the developer to move forward in the first place. However, it is important to note that Pitchford's comments come from existing tensions between Gearbox, Apogee and 3D Realms over the Duke Nukem rights. In a previous lawsuit between Gearbox, 3D Realms and Intercepter Entertainment, a judge had to declare Gearbox the series' "rightful owner."

Considering this history, one could argue that the current tensions between both sides is the culmination of past copyright issues. Fans should be anxious about how this trial will play out. While Gearbox will likely win this lawsuit, these legal fights might discourage the developer from making more Duke Nukem games. However, Gearbox has continued to use Duke in other games. Hopefully, the company eventually allows the action hero to return to his own series.

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Source: Digital Trends