Gearbox Software has formally filed suit against the owner of 3D Realms, Apogee Software. The suit alleges Apogee breached contract when they failed to deliver the Duke Nukem intellectual property free and clear in 2009. Their filing also claims Apogee Software failed to honor the indemnity clause as well.

This lawsuit stems from the ongoing 2019 lawsuit brought by Bobby Prince against Gearbox Software. Bobby Prince alleges he never sold the rights to his music to 3D Realms. Rather he had merely licensed the use of the tracks to them. Whether the accusation has legitimacy or not is for the courts, then appeals courts, then courts again to decide; but it is obvious Prince — similar to other artists — is simply attempting to garner money through claiming they maintain ownership of work they’ve done for another entity.

Gearbox has a massive issue with its entire lawsuit. In order for Apogee Software to be guilty of having sold the franchise in bad faith, first the lawsuit over copyright to the music needs to be settled.

If the verdict comes down that Bobby Prince does not maintain copyright over material he developed for the original Duke Nukem games, then Apogee Software indeed sold the franchise free and clear as they claim and have upheld their end of their contractual obligations. If on the other hand, the verdict comes down that Bobby Prince indeed maintains copyright over the material then and only then would Gearbox have a case.

At which point Gearbox would need to prove that Apogee Software knowingly — or had it within the scope of the capacity of knowledge — that the franchise was sold without all the copyrights. Even then Apogee has several legal defenses at their disposal. Including statute of limitations on breach of contract. That is set at 6 years in the state of Tennessee where the lawsuit was filed. Leaving Gearbox Software potentially 3 years too late to file suit against Apogee.

None of that is subjective opinion. Randy Pitchford admitted as much to Digital Trends.

“We’re literally in the middle – either Bobby is right and deserves to be paid, in which case 3D Realms is wrong … or 3D Realms is right and Bobby’s wrong,” he says. “And we don’t know. So, we need to bring a judge in and have a look at things from both sides.”

What this lawsuit boils down to is Gearbox purchased the Duke Nukem franchise and then decided to get woke. As they are woke they cannot put out something they know the mob and media will call blatant misogyny, so there is little they can do with the franchise. Then Bobby Prince sues them, costing them more legal fees for a franchise they cannot do anything with. Gearbox’s complaint according to Digital Trends wants full recovery of any judgment granted to Prince. In essence, Gearbox sat on a franchise and now wants someone else to pay for their ongoing legal fees.