This week Gearbox’s outspoken CEO filed yet another lawsuit against Apogee Software – parent company of 3D Realms – over the Duke Nukem rights.

3D Realms is best know for the popular FSP Prey. The game disappeared from Steam in 2009 after running out of keys. The original game’s credits show Human Head Studio was the primary developer, 3D Realms was the executive producer.

Human Head closed in November 13,2019 and the entire team was hired by Bethesda for their new Roundhouse Studios.

In September 2019, composer Bobby Prince sued Gearbox over unpaid royalties from the 2016 game Duke Nukem 3D: 20th Anniversary World Tour, attesting that his work had been licensed for the original Duke Nukem 3D, and thus couldn’t be used in new properties without licensing fees.

Apogee has now been brought in to the ongoing dispute between composer Bobby Prince and Gearbox, the original lawsuit being over unpaid royalty fees to Prince, who argues that their work had been licensed for the original Duke Nukem 3D and not for the 2016 title Duke Nukem 3D: 20th Anniversary World Tour.

Gearbox has added Apogee into the mix as they feel that Apogee had failed to indemnify (i.e. compensate) Gearbox, which would absolve them of all financial responsibility over the claims. Gearbox CEO Randy Pitchford said that while Princes’ claim is valid, he feels that the courts should act as the final arbiter on the matter.

Another day, another Randy-related controversy, another example of the sort of companies Epic attracts as allies & partners.