Author Topic: Gearbox Screwing Over EDuke32 Dev  (Read 74881 times)

Offline Nfsfan83

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Re: Gearbox Screwing Over EDuke32 Dev
« Reply #10 on: June 06, 2016, 09:01:21 AM »
From this what I understand from article, Gearbox has a problem about rights for Duke Nukem 3D??? And they want stop all works with Eduke32???

I hate this sort of developer -Gearbox, they don't allow people working for free, for making better mods etc. I rembmer some guys want make DN3D rekmake:

Duke Nukem 3D: Reloaded

http://dukenukem.wikia.com/wiki/Duke_Nukem_3D:_Reloaded

but of course Gearbox stopped them :( Fuck Gearbox, they know Reladed can be much better than DNF.

Offline Smoke39

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Re: Gearbox Screwing Over EDuke32 Dev
« Reply #11 on: June 06, 2016, 03:52:11 PM »
EDuke32 is safe.  It uses open source code, and includes no copyrighted game data.  Gearbox's problem is with a version of the game that's going to be sold (complete with the copyrighted game data).  3D Realms hired TerminX to produce this version of the game.

The part that's bullshit is that Gearbox is going after TerminX himself (an independent contractor who's caught in the crossfire), instead of going after 3D Realms (the people actually allegedly infringing on their copyright).  Gearbox is bullying TerminX (who did nothing wrong) to try to avoid a lawsuit with 3D Realms.

Offline Jay Doomed

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Re: Gearbox Screwing Over EDuke32 Dev
« Reply #12 on: June 07, 2016, 01:03:33 PM »
I think the reason there not going after 3D Realms is because this contract was signed before they lost all of the Duke rights. So there not in the wrong there since when they did sign that it was there property. But now 3D Realms has nothing to do with Duke and 3D Realms already got sued and lost all rights to Duke including Duke 3D and everything related to Duke they had a fat bill to pay also. The reason for going after TerminX is because he is the one trying to make profit off Duke Nukem this time 3D Realms won't even see a penny if the HTTK android releases its all on eduke32 team.

3D Realms isn't going to step in this storm and say "the contract is valid or non valid" there done for when it comes to Duke. If they do decide to voice in on it then that's when Gearbox will go after 3DR again. Otherwise there not even a spec in this situation anymore. 3d Realms is totally irrelevant when it comes to Duke now.

So the real question is why isn't 3D Realms defending TerminX against Gearbox when he says the contract is valid? Its probably because once they do they give access to Gearbox and then they will be included in this case and take another fall and probably be shut down completely.

I also wouldn't be to sure that eduke32 is totally safe. Gearbox owns Duke Nukem in full including Duke 3D and they have money and lawyers and ways to get what they want. Plus the new Duke 3D Gearbox is working on is going to make old con and map files not work with it. There will be a new con and map file layout that will cancel out existing mods and only work for new.
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Offline Smoke39

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Re: Gearbox Screwing Over EDuke32 Dev
« Reply #13 on: June 07, 2016, 07:11:38 PM »
[...]

Looking at the article some more, I think I have a better understanding now:

In 2010, Gearbox buys some subset of the Duke Nukem IP from 3DR.  There seems to be a disagreement over who got what from this:
  • Gearbox believes they got full game rights, while 3DR kept full tv/movie rights.
  • 3DR believes they kept all rights to the old games, and Gearbox got all rights to new stuff.
In 2013, 3DR -- believing they still own the rights to Duke3D -- contracts TerminX for HttK.

In 2014, Gearbox sues 3DR.  They settle out of court.  We don't know the terms of the settlement, but 3DR's letter to TerminX suggests that Gearbox got ALL rights -- new and old -- to Duke Nukem.

So now there are two interpretations of whether 3DR's contract with TerminX has any validity:
  • From 3DR's perspective, they owned the rights to Duke3D when they contracted TerminX, but then gave them away in the settlement, transferring their contract to Gearbox in the process.  In this interpretation, TerminX has every right to continue his work, and Gearbox has no right to retroactively change the terms of the contract they inheritted.
  • From Gearbox's perspective, 3DR did not own the rights to Duke3D when 3DR contracted TerminX, and the settlement merely re-affirmed Gearbox's prior rights to Duke3D.  In this interpretation, in order for TerminX to continue his work he needs to agree to a new contract with Gearbox.
So it re-opens the original question of who had which rights before the settlement.  Either way it still sounds like Gearbox is jerking TerminX around.

I also wouldn't be to sure that eduke32 is totally safe. Gearbox owns Duke Nukem in full including Duke 3D and they have money and lawyers and ways to get what they want. Plus the new Duke 3D Gearbox is working on is going to make old con and map files not work with it. There will be a new con and map file layout that will cancel out existing mods and only work for new.

The source code to Duke3Dv1.5 was released under the GPL.  Gearbox can choose not to release future versions under the GPL, but I'm not sure you can just retroactively revoke it from code that's already been released under it.  It doesn't seem like it would make any sense, but I don't think it's ever been tested in court before.

Ken Silverman still seems to own the copyright to the Build engine itself, so at least that part's definitely safe.

Offline Duke64

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Re: Gearbox Screwing Over EDuke32 Dev
« Reply #14 on: June 07, 2016, 07:48:33 PM »
From this what I understand from article, Gearbox has a problem about rights for Duke Nukem 3D??? And they want stop all works with Eduke32???

I hate this sort of developer -Gearbox, they don't allow people working for free, for making better mods etc. I remember some guys want make DN3D rekmake:

Duke Nukem 3D: Reloaded

http://dukenukem.wikia.com/wiki/Duke_Nukem_3D:_Reloaded

but of course Gearbox stopped them :( Fuck Gearbox, they know Reladed can be much better than DNF.

Just play the game that it ended up releasing as which is Rise of the Triad 2013 its a decent indie like fps but pretty fun and arcade. Here I am playing Hollywood Holocaust on it.


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"Boo, No soup for you"
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Offline Nfsfan83

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Re: Gearbox Screwing Over EDuke32 Dev
« Reply #15 on: June 08, 2016, 07:58:48 AM »
Even this mod looks nice, and can be cool how to DN3D remake can be look.

But one thing. Why gearbox never want or can't, make earlier idea about DNF from 2001 (best one for me)



Best stuff what can be in DUke games, city levels, Vegas, aliens, action, Nevada areas :(

« Last Edit: June 08, 2016, 08:06:46 AM by Nfsfan83 »

Offline Rok

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Re: Gearbox Screwing Over EDuke32 Dev
« Reply #16 on: June 08, 2016, 12:16:44 PM »
Man now that would be awesome if they released an earlier build of DNF. Randy made a few of the maps in Duke 3d i wish he would show more passion in Duke Nukem. But Gearbox has alot of money from borderlands games. That is one good thing they have money so they can afford to get top of the line talents. But they should team up with eduke32 not bully the little guy there being assholes they should be hiring Terminx not trying to cause bullcrap again.
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Offline Jay Doomed

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Re: Gearbox Screwing Over EDuke32 Dev
« Reply #17 on: June 08, 2016, 12:38:44 PM »
Yeah TerminX deleted the thread that gave a bunch of info on gearboxes upcoming Duke 3D project. Then he also tweeted them saying this after it.



If they don't want to work things out then they are just jerks but legally gearbox has every right to go after that contract and protect the newly gained property. 3d Realms is the one to blame for all of this and they're not even involved in it :/ The Duke Nukem mass destruction game aka Bombshell is what did all this. I also think Scott Miller (the one who signed the contract) and Randy have had issues for years and this is just another battle that Randy wants to win. Hopefully they can work out a deal for a new contract. The fact that 3DR has said nothing at all makes me think things. Anyways, there all making mistakes on all sides and being kind of stupid.

Here is my messages to all parties (hopeful they see someday hehe)
Gearbox: Shut up and let us love and make Duke games and release a damn editor with the new game. Stop bullying people and being assholes.
3D Realms: Give it up Duke is not yours you only made matters worse. 
Eduke32: Swallow some pride and sign an NDA then try to work things out with Gearbox. Do not leak things that they showed/told you.
Duke Nukem: Sorry man your current and past owners have screwed you multiple times.

Even this mod looks nice, and can be cool how to DN3D remake can be look.

But one thing. Why gearbox never want or can't, make earlier idea about DNF from 2001 (best one for me)

They could do this now since they own the entire ip. Have you heard of this though NFS? http://www.moddb.com/mods/duke-nukem-forever
« Last Edit: June 08, 2016, 12:43:13 PM by DoomGuy »
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Offline Nfsfan83

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Re: Gearbox Screwing Over EDuke32 Dev
« Reply #18 on: June 08, 2016, 01:08:59 PM »
DoomGuy Yes I played this mod and this is very similar to 2001 ideas, we can only imagine, how amazing this can be look on example Cry Engine 1 ( I love this engine more than Unreal) Far Cry 1 is my second lovely game in jungle climate after Turok 1.



I don't know why but some of old engines have magic :) In new I hate all this :D

http://www.pcgamer.com/six-terrible-graphical-effects-that-need-to-stop/
« Last Edit: June 08, 2016, 01:13:27 PM by Nfsfan83 »

Offline Duke64

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Re: Gearbox Screwing Over EDuke32 Dev
« Reply #19 on: June 08, 2016, 10:06:13 PM »
Even this mod looks nice, and can be cool how to DN3D remake can be look.

Yes ROTT is one of my most played games on steam it is really pretty fun and has user maps like that one and a mp. Of course that one is like the coolest level to me xD I'm going to tell this guy to make a Turok level for it lol. Going off topic big time :P But yeah if someone would want to play Rott with me I will.
Dinosaur Hunter
"Its time to make tracks"
"You are tiny grasshopper"
"Suck it down"
"Boo, No soup for you"
"Arrrgghhhh"
"I live again"

 

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