Apogee Software, creator and former owner of the Duke Nukem franchise, is suing Gearbox Software over claims the Texas-based developer allegedly withheld profits from the sale of Duke Nukem Forever

“ 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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Apogee, which remains the legal name for 3D Realms, contends Gearbox has failed to stump up more than $2 million in royalties and fees and that Apogee has been blocked by Gearbox from performing an audit of Duke Nukem Forever’s sales results.In a statement provided to Polygon , Gearbox has rubbished the allegations.“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,’” read the statement from an unidentified Gearbox spokesperson. “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.“It's unfortunate that 3DR did not abide by the the [sic] 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.”Duke Nukem Forever was released in 2011 after an unprecedented 15-year gestation to largely negative-to-mediocre reviews.

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