Duke Nukem Forever: Apogee suing Gearbox over withheld profits

Duke Nukem creator Apogee is suing current Gearbox Software over withheld profits from sales of panned shooter Duke Nukem Forever. The studio claims Gearbox has blocked attempts to carry out an audit on the game's lifetime sales figures.

Apogee has cited profits of $2 million plus fees in its lawsuit and is now pursuing the cash, but Gearbox has since issued a statement to Polygon on the matter, calling it out as effectively baseless.

Responding to previous legal issues surrounding Duke Nukem Forever and Apogee founder Scott Miller's reaction at the time, the Gearbox statement reads, "Ironically, Scott Miller himself provided the best response when he wrote: '..filed lawsuits are entirely one-sided statements, based on knee-deep BS and with more spin than a top,'

"The reality is that Apogee / 3D Realms (3DR) received the full benefit of its bargain. Gearbox, in its fulfillment of its commitments, enriched 3DR, saved 3DR from its debts and rescued 3DR from its litigation surrounding 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.

"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."

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Thanks GI.biz.