Quote:
Originally Posted by DirtyFexen
[...] Doesn't that mean Duke Nukem Mass Destruction was a game they were legally permitted to create by the agreement that both parties agreed to considering that Duke Nukem Survivor is very clearly labeled as a tentative title for that game? The initial defense by 3D Realms was that Mass Destruction was the title they had chosen in place of Survivior which was clearly labeled as a tentative title for the game in development, therefore 3D Realms should win by Gearbox Softwares own admission.
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It was known from the start that 3DR still held certain Duke rights, such as finishing the "Survivor" game. 3DR has always claimed that Mass Destruction was the game initially called Survivor, and GBX always claimed it wasn't.
I don't think this document really clarifies anything, or really states anything except that Mass Effect contained Duke Nukem and was named Duke Nukem, which is way less than what we already knew.
Quote:
Originally Posted by doggydoo
If they just named it Survivor, there would be no doubt at all and they wouldn't be into this mess right now. Could be wrong if course, gbx are turds. I'm of the opinion that 3drealms doesn't need Duke Nukem to be successful. Thanks to the lawsuit, a new ip is born. Actually, with Duke Nukem out of the picture, 3drealms/Interceptor can focus on great new games/original games without being tied to the duke universe.
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GBX could still claim that the game was "Survivor" in name only and in fact a new game, making it in violation of their copyright. It wouldn't change anything.
Having the Duke Nukem name is of course not necessary to make a good game, but it would help tremendously in gaining visibility - and sales. Which could mean more cash, which could lead to higher budgets and so even higher quality.