According to Law360, original Duke Nukem developers 3D Realms filed a breach of contract suit last Friday in a Texas state court, in which it claims that Gearbox did not pay the money it owed 3D Realms as part of their deal in releasing Duke Nukem Forever.
3D Realms also alleges that Gearbox has blocked an independent audit of the royalties it has earned from the game.
“3D Realms has therefore been required to file this lawsuit to enforce the purchase agreement, to recover the amounts due and owing from Gearbox and to enforce the audit right provided by the agreement to enable it to conduct an audit of Gearbox’s royalties.”
Gearbox Software, of course, denies these claims.
“The reality is that 3D Realms received the full benefit of its bargain,” it said. “Gearbox, in fulfillment of its commitments, enriched 3D Realms, saved 3DR from its debts and rescued 3DR from its failed dozen plus year attempt to ship Duke Nukem Forever.
“Everyone wished that 3DR’s game was better received by the market for the benefit of gamers and profit to its creators. While 3DR might not wish the reality that the results make clear, 3DR turned out to be the only beneficiary of the deal. Gearbox Software, meanwhile, experienced damage to its credibility and loss of its money.”