Borderlands 3 Developer Embroiled in Duke Nukem 3D Lawsuit
The law suit alleges that the 20th anniversary edition of Duke Nukem 3D, which released on console & PC in 2016, used Mr Prince’s musical score without his permission. This remake of the irreverent classic featured eight new missions, improved assets and, as Mr Prince points out in the court documents, his original score.
The issue revolves around the failure to pay royalties. As reported by PC Gamer, Mr Prince had an agreement with the previous developer of Duke Nukem, Apogee. As per their agreement, Mr Prince would earn $1 per copy sold. The rights to the Duke Nukem franchise now belong to Gearbox Software, who re-released the remaster & appear to have not paid Mr Prince the royalties he is owed, despite using his musical score.
Point two of the document outlines the case, which personally names Randy Pitchford, CEO of Gearbox Software.
Defendants, Gearbox Software, L.L.C. (“Gearbox Software”) and Gearbox Publishing, LLC (“Gearbox Publishing”) (together “Gearbox”), used Mr. Prince’s music in Duke Nukem 3D World Tour without obtaining a license and without compensating Mr. Prince. Defendant, Randy Pitchford, the Chief Executive Officer of Gearbox, admitted that Mr. Prince created and owns the music and that Gearbox had no license. Incredibly, Mr. Pitchford proceeded to use the music without compensation and refused to remove the music from the game.
Valve, the developer behind Steam, are also mentioned in the document. The company, Mr Prince alleges, ignored an order to remove the game from their online store. PlayStation & Xbox aren’t mentioned in the suit & continue to sell this edition of the game. Gearbox Publishing, Randy Pitchford & Valve have been given 21 days to respond to these allegations.