Gearbox Software, Interceptor Entertainment, and 3D Realms "have resolved their differences [and] voluntarily ended all litigation between them," they said in a joint statement confirming the end of their dispute over the ownership of Duke Nukem. But the Dukester hasn't returned to his original home at 3D Realms, as I speculated might happen in May. Instead, he is now fully and completely the property of Gearbox.

The suit was originally filed in early 2014 over Duke Nukem: Mass Destruction, a top-down action-RPG that had been teased but never actually announced. Gearbox claimed that it was the rightful owner of the property, having acquired it in full in 2010, but that 3D Realms "sought to privately convince others that the sale never happened," and thereby embark upon illegitimate licensing deals with other companies.

3D Realms CEO Mike Nielsen denied that claim in the statement, however, saying that the licensing deal with Interceptor was made in good faith. "We never intended to cause any harm to Gearbox or Duke, which is why we immediately ceased development after Gearbox reached out," he said. "To secure the future of Duke, 3D Realms has agreed with Gearbox that a single home serves the IP best. And as big Duke fans, we re excited to see what Gearbox has in store for the King. "

Unfortunately for anyone looking forward to a resumption of work on Duke Nukem Reloaded, Interceptor boss Frederik Schreiber made it clear that's not going to happen. "It was my own decision to pull the plug on Duke Nukem Reloaded, even though we were fully allowed to continue development," he said. "I respect Gearbox for supporting a young developer, and I m glad we can now put this behind us."

The final terms of the settlement were not revealed, but the statement confirms that Gearbox "is the full and rightful owner of the Duke Nukem franchise." That makes it two-for-two in the Duke Nukem lawsuit series: In 2013, 3D Realms sued Gearbox over unpaid Duke Nukem Forever royalties, but later withdrew the suit and issued a public apology.

The likelihood is that, if you played Aliens: Colonial Marines or Duke Nukem Forever, you didn't much care for them. Maybe they were buggy, or maybe they didn't look as good as you expected, or maybe they were just offensive. For a variety of reasons, lots of gamers just did not like them. But Gearbox boss Randy Pitchford insists that he did—and he knows how much that bugs people.

"I liked [Colonial Marines]. And it frustrates the people who didn't to hear me say that," Pitchford said in a long and wide-ranging interview with Eurogamer. "It's almost like they want to hear me say, yeah, it was rubbish. But it would be a lie for me to say it. I actually like, fuck, I like Duke Nukem Forever. I thought it was brilliant. I did! I know I'm not objective. But when I say that you should go, that guy's clearly not objective. Why would you expect me to be objective? Have you ever seen weird, bizarre art you don't even understand? The artist who created it clearly did it for a reason and loved it, you know."

Most of the interview is about the critical and commercial failures of the games, and some of it we've heard before: Pitchford defends against claims that the release version of Colonial Marines didn't look as good a promotional videos by talking about the removal of shattered glass and blood in a sequence that appeared in a pre-release demo, something he'd spoken about previously (and in a very similar fashion) in an interview with IGN. But he makes an interesting point about how the suggestion that those pre-release demos were intentionally misleading is an "absurd premise," because of the relatively small impact they have on the game's overall sales.

"Pre-orders for [Colonial Marines] were sub-150,000 units global. About 130,000 units. The game ended up selling 1.5m. The pre-orders are less than 10 per cent," he said. "And if you build bad will, you have no hope of a tail. So any strategy that's predicated on that is a failed strategy before it begins. That is not a strategy that can ever win. And it's not a strategy that any rational marketer should ever even consider."

I don't agree with Pitchford's assessment that it's all just, like, your opinion, man—which is to say that all opinions on Aliens: Colonial Marines and Duke Nukem Forever are entirely subjective, there was clearly a consensus that they'd fallen short of expectation—but he makes some interesting points. Whether they're enough to change your mind is, well, your opinion.

We actually scored Duke Nukem Forever near the high end of the scale in our review—opinions, am I right?—but the general consensus is that it was not a very good game. But Gearbox isn't giving up on the franchise, and in fact IGN reports that CEO Randy Pitchford said during his keynote at Develop: Brighton that "concept development" on a new Duke Nukem game has already been done. But what Pitchford hopes to do is hook up with another developer, and let it do the heavy lifting.

"I did not acquire the franchise merely so we could all experience Duke Nukem Forever. That was the toll to pay to give Duke a chance," he said. "We ve done some concept development [for a new game] and I think the challenges are there. Gearbox is very busy. I think the faster way is that a correct developer can become interested and we can work with them."

However it ultimately plays out, Pitchford said "the whole industry will turn its head and look" when a new Duke is announced. That's important, he added, because he believes that "getting attention" was one of the biggest challenges facing Duke Nukem Forever.

"For 10 years, these guys promised that it was going to be the greatest game ever right?" he said. "It was legendary in its vaporware status. So it has this particular pole of attention that makes it probably three or four times more famous than Borderlands as a franchise."

If Pitchford's scenario for a new Duke Nukem game sounds familiar, you may be thinking back to the even more disastrous Aliens: Colonial Marines. Pitchford said in a 2012 interview with Gamasutra that Gearbox was handling around 80 percent of the work on the game, but Timegate Studios claimed (via MCV) that it had a much greater role in the development of the game, an assertion repeated by another source to Rock, Paper, Shotgun. Whatever the case, we can only hope that Duke has better luck the second time around.

The Duke Nukem lawsuit between 3D Realms and Gearbox Software has been settled, according to documents recently posted on NeoGAF. The suit was initially filed in February 2014 over Duke Nukem: Mass Destruction, a top-down action-RPG being created by 3D Realms and Interceptor Entertainment.

The game was never officially announced, but it was strongly (very strongly) hinted at on the now-disappeared website AllOutOfGum.com. The trouble arose from the fact that Gearbox had acquired the rights to Duke Nukem in 2010 on the way to releasing Duke Nukem Forever. "Apparently, after selling its Duke Nukem IP rights to Gearbox in 2010, 3DR sought to privately convince others that the sale never happened," Gearbox said in its complaint. "The result is the unauthorized development effort that reportedly exists between 3DR and Interceptor."

According to the documents posted on GAF, the matter was settled with the assistance of a mediator, and may ultimately end with the return of the Duke to his original home at 3D Realms. The filing states that "the Seller may repurchase the Duke IP at a price equal to the Buy-Back," which is framed by various expensive-sounding clauses and conditions; that doesn't mean that 3D Realms is definitely reacquiring the property, or that Gearbox is committed to selling it, but it certainly appears as though an opportunity for the franchise to change hands is on the table. There are also a few images apparently taken from Mass Destruction before work on the game morphed into the upcoming Bombshell.

An Interceptor Entertainment rep said the company could not comment on the matter, while Gearbox has not yet responded to our inquiries.

If Duke Nukem were real, he'd be loving this legal stand-off. As a stuck-in-the-past relic, one only recently dragged out of retirement for an ill-advised comeback, I'm sure the attention would be most welcome. The latest development comes in direct response to Gearbox's lawsuit, which claimed that 3D Realms and Interceptor were violating their Duke restraining order intellectual property. 3D Realms have issued a statement that both denies the allegations and makes counter-accusations against Gearbox.

Before we continue, take a moment to appreciate a sentence in which Duke Nukem is accurately described as "intellectual" property.

In their statement to Polygon, 3D Realms say that Gearbox forced Scott Miller and George Broussard to "improperly surrender" Duke.

"On March 17, 2014, 3D Realms filed its answer to the complaint by Gearbox Software in Dallas, Texas. 3DR denies all allegations set forth in the complaint. In its answer, 3DR has submitted evidence showing that Gearbox at no point intended to enter into good faith negotiations but instead sought to force former owners, Scott Miller and George Broussard, to improperly surrender what rightfully belonged to 3DR.

"It is our position that 3DR retains the right to develop the tentatively titled "Duke Nukem Survivor" game for specific platforms. This game was previously licensed for development to Interceptor Entertainment. Furthermore, it is our position that the Trademark for "Duke Nukem" was never assigned to Gearbox, but remains the sole property of 3DR."

Duke Nukem Survivor is apparently the working title for Duke Nukem: Mass Destruction.

Also to Polygon, a spokesperson for Interceptor - who recently purchased 3D Realms - had the following to say:

"As an independent and young studio, we have been very fortunate to work with companies such as Apogee and 3D Realms on amazing IP's such as Duke Nukem and Rise of the Triad. As true fans of these companies, their games and the amazing minds behind them, we have nothing but respect for the intellectual properties they have created as well as their rightful owners.

"We were extremely excited for our next reveal, but unfortunately due to the actions of Gearbox Software, Interceptor Entertainment decided to put this reveal on hold in respect of their lawsuit. However, 3D Realms and Interceptor Entertainment were rightfully developing our game and as you can imagine we were quite shocked when the accusations by Gearbox arose, as we have always acted within our legal rights. It's unfortunate that Gearbox has shown no intention of finding a peaceful solution with us. We will however continue to work towards a solution."

At this point it might be a good idea to remind everyone that "Always bet on Duke" was a catchphrase, and not a legally binding contract. YOU CAN STOP BETTING ON DUKE!

Somebody has bet on Duke, which, 18 years after the last good Duke Nukem shooter, is something of a surprise. Interceptor Entertainment, developers of the Rise of the Triad remake, have bought 3D Realms, developers of... well, bits of Duke Nukem Forever. The two are rumoured to be collaborating on an upcoming action RPG, called Duke Nukem: Mass Destruction. They're also co-defendants in a lawsuit over unlicensed use of the Duke Nukem IP. Both have got plenty in common then, which makes for a solid foundation in their future relationship.

The deal was announced by Danish site Borsen.dk, and confirmed by Frederik Schreiber, the CEO of Interceptor Entertainment, over Twitter.

Yes, we have indeed acquired Apogee/3D Realms. We will be giving an official statement tomorrow.@InterceptorEnt , @RiseoftheTriad— Frederik Schreiber (@Freschism) March 2, 2014

It's important to note that, by Apogee, Schreiber's referring to Apogee Software, Ltd, which is the legal name of 3D Realms. Interceptor haven't bought Apogee Software, LLC, an external publisher that holds the licenses to the old Apogee library.

It'll be interesting to see what the revived 3D Realms are going to be working on. The studio's new CEO, Mike Nielson, talks about a history that includes Duke Nukem, Commander Keen and Shadow Warrior, but - in the complicated world of game rights ownership - much of 3D Realm's catalogue now belongs to others. That's a legal argument that could potentially flare up further with regards to Gearbox's lawsuit over Duke Nukem: Mass Destruction.

Interceptor are due to release an official statement on their purchase later today. We'll update this post when that happens.

UPDATE: A press release confirms that SDN Invest, the part owner of Interceptor Entertainment, have acquired Apogee Software, Ltd d/b/a 3D Realms. There is still no information as to what either developer is working on.

It's time to file legal documents and chew bubblegum, and Gearbox are all outta gum. As current caretakers of the 'King', the developers of Duke Nukem Forever are suing 3D Realms and Interceptor Entertainment over "unauthorized" use of the name. The filing is in response to Duke Nukem: Mass Destruction, a rumoured top-down ARPG, thought to be in joint development by 3D Realms and Interceptor.

Internet sleuths uncovered Duke Nukem: Mass Destruction by decoding the "alien" message that appeared on All Out Of Gum. Gearbox's complaint seems to back up this speculation, albeit with lawyers.

"Recently and without consulting the Duke IP s actual owner, Gearbox Interceptor announced its intent to develop a Duke Nukem game based upon the various characters, content and intellectual property owned by Gearbox; the proposed game is entitled 'Duke Nukem: Mass Destruction.' Apparently, after selling its Duke Nukem IP rights to Gearbox in 2010, 3DR sought to privately convince others that the sale never happened. The result is the unauthorized development effort that reportedly exists between 3DR and Interceptor."

As part of the filing is a document, signed by 3D Realms' George Broussard and Scott Miller, acknowledging the material breach of the Duke IP.

This isn't the first legal tussle between Duke's owners old and new. Last year, 3D Realms sued Gearbox, claiming unpaid royalties were due. Later, the company withdrew their complaint, and issued a public apology.

And so, once again, the most interesting thing to happen to Duke Nukem has nothing to do with any game that he's been in. It's almost weird to think that anyone would want to claim ownership of Duke at this point, especially after the awful Duke Nukem Forever. For anyone still inexplicably fond of the old action clich , the status of Mass Destruction is currently unknown.

Thanks, Joystiq.

As if a hellish, 14-year development cycle weren’t enough, Duke Nukem Forever developer 3D Realms is now suing its former publisher, Gearbox Software, for unpaid royalties.

According to an article on Law 360, Apogee Software (the legal name for 3D Realms) filed a breach of contract suit on June 7, saying Gearbox failed to pay what it owed in the purchase agreement both companies signed back in 2010.  The now-defunct development company says Gearbox owes more than $2 million in unpaid royalties.

3D Realms was the original developer of Duke Nukem Forever before Take-Two Interactive acquired the publishing rights back in 2009. Take-Two actually filed a law suit against 3D Realms that year for failing to finish the game by the time it was supposed to, but the suit was later settled without disclosing further details.

Gearbox issued a statement to Polygon writing off the accusations as untrue.

“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."

Ouch.

The problem with Duke Nukem Forever - other than that it was bad - was that it didn't provide the classic FPS experience that Duke Nukem 3D fans wanted, while also failing to be a decent modern shooter in its own right. That's why this is such a beautiful thing: with Duke Nukem Forever 2013, modders Gambini and Mikko Sandt have created the "game that was meant to be". Which apparently means a Duke Nukem 3D mod.

Duke Nukem Forever 2013 Trailer - Mod DB

Okay, it's not a complete old-school re-imagining of 2011's messy sequel, but then, it doesn't need to be. It transports some of the basic ideas and areas from Forever (and it's 2001 preview), and finds a much more suitable home for them inside the high-speed, twitch action of 1996.

To install, just download the mod from its ModDB page, unzip it, grab the DUKE3D.GRP file from the root directory of a Duke 3D installation, and copy it over to your DNF2013 folder. Run DNF.BAT and you're ready to kick ass and chew over the delicate nature of balancing a fleeting memory of gaming's past against the increasingly overwhelming demand of a modern audience.

When unloading a shotgunful of death or crushing a shrunken Pig Cop alien beneath your manly boots in Duke Nukem, you can always expect to hear a clever follow-up—quips that defined one of classic PC gaming's most memorable characters. Jon St. John, owner of the deep baritone fueling Duke's wisecracks, has reprised his role in a franchise spanning nearly 15 games, but he doesn't necessarily share Duke's pleasure of slugging bullets into warm bodies. In fact, during the latest episode of the Unlimited Hyperbole podcast (via PCGamesN), he revealed his aversion to guns and the violence they promote, saying, "I don't care for guns in general."

"It bothers me how free we are to bear arms," he continued. "They say ‘Guns don't kill people, people kill people.' Well, no, I think people with guns kill people. Quite frankly, I’d like to see stronger gun laws in this country. Hell, I don’t even like hunting. I don't like people out there shooting deer or elk or whatever unless they’re doing it to survive. If they're using every part of the animal in some way, then great, but I'm disturbed if they're killing it just to kill."

St. John, who established himself as a voice actor of great flexibility by assuming roles in such games as Half-Life: Opposing Force, Clive Barker's Undying, and Heroes of Newerth also stated "gratuitously violent" games such as Grand Theft Auto aren't his jam, preferring instead flying, racing, or driving experiences. Of course, he also recognized the glaring contrast between his personal stances and the testosterone-fueled gib-generator he voices.

"I've been connected to Duke for so long," he said. "And even though I'm on 150, 160 odd games in all, Duke Nukem is the one character who really made me famous in the industry. A few times at conventions I've had guys come up to me and say, 'Man, you're so badass,' but I'm really not. That's why I hesitated when you asked me about guns. I don't want to disappoint fans."