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Josuke

Gearbox suing EDuke32 devs

Who is in the wrong?  

73 members have voted

  1. 1. Who is in the wrong?

    • ED32 devs
      12
    • Gearbox
      61


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Long story short, Eduke32 developers got a license to release an Android version. The ownership of Duke Nukem 3D went go Gearbox. Of course that doesn't affect the license for the Android version. But Gearbox was not aware of their license, and did not like it. So they decided it's not valid, under the terms that they don't like it.

Another source:

Spoiler

Here's the thread where he posted it in.

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Who is in the wrong?

Don't know, it's a matter for lawyers to decide rather than an Internet poll.

It's easy to frame disputes like this as "big bad company threatens innocent open source developer", and all too often that's exactly what happens. But we don't know the full details behind what contracts and legal agreements have been made between people. The eduke32 guy makes it sound like Gearbox is probably in the wrong, but we're only hearing one side of the argument. Anyway, I hope they work it out!

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After reading all of that, I can say I'm very disappointed and disgusted with Gearbox's tactics.

It's things like this that made me wish id or even Valve had acquired the Duke IP instead of those classless scumbags...

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Sounds like he's going to have to take Gearbox on and possibly start a Kickstarter campaign for legal fees. Disgusts the hell out of me when big companies try to swing their nads around like they're immune to the law.

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It is impossible to understand what exactly is going on from that thread. Is there some summary or article on this anywhere?

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It's a damn shame that this is happening, I just downloaded the latest EDuke32 just in case it ever ends up getting pulled down.

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Neutrino said:

It is impossible to understand what exactly is going on from that thread. Is there some summary or article on this anywhere?

As far as I can tell:

There's a legal dispute between Gearbox and the eduke32 developers over whether the eduke32 devs have the right to publish an Android version of their source port. Each individually have contracts with 3D Realms which grant them some kind of rights to the Duke Nukem intellectual property, but the details of those contracts aren't public knowledge.

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Hopefully this ends in the Build engine and Ken Silverman's other works becoming GPL. I don't like the idea of the main port being non-commercial and then licensing the non-commercial code for the purpose of being ported to one platform.

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Danfun64 said:

Hopefully this ends in the Build engine and Ken Silverman's other works becoming GPL. I don't like the idea of the main port being non-commercial and then licensing the non-commercial code for the purpose of being ported to one platform.


I was going to write some kind of pro-GPL(2) post here but I'm not sure it would have helped, as the license owner can revoke the license at some future time if they wish, even if it was GPL2. I think the GPL3 might resolve this with some language around "irrevocable".

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Don't buy stuff from them anymore, it's a sure way to hurt their sales.

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Oh darn it! I voted for the wrong guys!

Why did I think the question said "who's right?"

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The information that TerminX is openly giving out to opposing lawyers in that thread is idiotic.

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Gearbox seems like it has nothing better to do with the Duke license than sit on it.

I liked the Steam release of Duke 3D but I spent a while playing the game with EDuke32. It's not like the EDuke32 folks are giving out the original game for free.

And honestly, after how upset people were with Forever, does Gearbox really think people will actually want to purchase whatever alternative source port they end up putting out? Either way, if Gearbox provides the original files for the game with their alternative, people are still gonna have to go to them if they want to get it legally anyways. They don't lose out money if EDuke32 is still around?

I'm really not sure what they're trying to accomplish other than to crush their existing Duke Nukem fanbase, which is really detrimental to their cause.

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The irony is that even though GOG lost Duke3D they recently got 2K on board which theoretically means they could get DNF. Yeah. So exciting.

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Why am I not surprised? Seems as though developers have gotten a new hobby out of suing fans for creating awesome custom shit for their games.

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The worst part is that TerminX was actually licensed to do this and Gearbox knows it, that's why they were avoiding conversation. Now they're trying to pressure him into making a new deal in which Gearbox probably gets most of any profits that occur from this. They're trying to bully him out of his license.

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The eduke32 team should just bundle Dave3D with their code instead, and forget about this stupid license.
Also, gives a good reason to finish Dave3D.

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Gearbox's gonna be "I'm here to sell your shit and pay you with bubble gum -- and I'm all out of gum" if he tries working for them. They're a bunch of assholes and the best thing you can do is keep away from them.

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Just give the Duke IP to Interceptor Entertainment and let them make a real Duke Nukem game...

Fuck Gearbox for screwing us over twice with DNF and Aliens: CM.

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Have read up on this a bit because I was curious. The OP is a bad one and most of the posts in this thread are. Let's hit some facts:

Gearbox hasn't sued anybody. They issued a notice against TerminX for his Hail to the King package that he planned to release on the Android store.

Gearbox says he never had a contract to release on mobile, but another agreement that is not "valid" from 3DR (pre-sale of the Duke IP). TerminX says he does. Nobody outside of Gearbox or TerminX has seen the contracts so random bystanders are strictly forming their opinions based on what TerminX has stated, not known facts.

TerminX complains on his forums about how Gearbox is going to make him homeless. Says that Randy Pitchford is a liar. Maybe he is, maybe he isn't. None of us know

Nothing seen thus far indicates that Gearbox is looking to "take over" EDuke32. There is nothing that points to that even being remotely true.

So to answer the original poll question of whom is "in the wrong", the only true answer is that nobody here knows. If TerminX truly believes he is correct and his contract is valid, he should release and take it to court.

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Now it looks like Magic Man™ has had a Twitter meltdown towards TerminX over this:

http://archive.is/ecnCT

This kind of shit is what's wrong with the industry. After the Wild West style business of the 80's and 90's, the gaming industry is all out of Clint Eastwoods. Now we're stuck with Heath Ledgers like Randy, all fighting over their own little cum stained patch of Brokeback Mountain.

http://www.youtube.com/watch?v=yBOW7gKmixA

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Twitter format is fucking awful. Doing my best to screencap everything but once Randy mentions giving TX $400 shit goes pear shaped.

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