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Duke Nukem 3D composer sues Randy Pitchford, Gearbox and Valve

Helios

Member

Composer Bobby Prince, who wrote music for Doom, Doom 2, Wolfenstein 3D and Duke Nukem 3D, has filed a lawsuit against Gearbox Software, the company's chief executive Randy Pitchford, and Valve, claiming that his music was used in 2016 shooter Duke Nukem 3D: 20th Anniversary World Tour without his permission, and without him receiving compensation.
In a document submitted to U.S. District Court — Eastern District of Tennessee, Prince's attorneys described how 16 songs he wrote were used in 1996 shooter Duke Nukem 3D under an agreement with developer Apogee. "Apogee had a limited right to use Mr. Prince’s music in Duke Nukem 3D in exchange for a royalty equal to $1 per unit sold," they said. Prince had registered the copyrights for the songs.
Gearbox Software purchased certain rights to the Duke Nukem games from Apogee in 2010. Prince claimed the company went on to use his music in Duke Nukem 3D: 20th Anniversary World Tour, the 2016 update to the shooter, without his permission. "The electronic files for the music within Duke Nukem 3D World Tour include text specifically stating that Mr Prince owns the copyright to the music and has reserved all rights to the music’s use," the court document read. "Yet Gearbox incorporated the music into the game without ever contacting Mr Prince and without clearing the rights expressly mentioned in the electronic files."

Furthermore, Prince claimed he contacted Randy Pitchford requesting royalties for the music in the 2016 game, and was told he would be "taken care of", but never received any money. Pitchford also "refused to remove the music from the game", Prince's attorneys said.
Prince also contacted Valve, he claimed, regarding the distribution of the game on Steam. "Valve ignored a takedown notice, thus waiving any immunity under the Digital Millennium Copyright Act, and continued distributing infringing copies of the music despite knowing that Mr Prince owned the copyrights in the music," the document reads.
Gearbox Software, Gearbox Publishing, Randy Pitchford and Valve have been given 21 days to respond to the summons.
 
So glad I bought the Megaton edition of Duke 3D before it got pulled. Not only are the 20th Anniversary campaign maps pretty mediocre, it has overall LESS content than the pulled Atomic Edition! Hope Prince gets the royalties he well and truly deserves.
 
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Whys the new one worse? I thought about buying it.

- Doesn't include the 3 expansion packs that the Megaton edition did.
- New re-recorded voice-lines are inferior.
- World Tour 20th Anniversary levels are mediocre
- Lighting and bloom is overdone in the World Tour version
- No steam workshop support for custom maps like the Megaton edition.
 
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Spukc

Member
Whys the new one worse? I thought about buying it.
They removed all the old extra dlc.
Atomic lifes a beach etc.

And replaces it by 8 levels. That are 75% shit
With a reskin of the freeze fun
Being a flame thrower.

I got the game for 5 in a sale.
Honestly not worth it..
 

Danny Dudekisser

I paid good money for this Dynex!
Suing Gearbox I can understand. Suing Valve, though - presumably under a theory of vicarious infringement - seems a little odd. Petty, even. Like, even if Valve was made aware of the issue, I don't think they're materially contributing to the infringement by not removing it from the store. That's not their problem. That's without having seen the contracts or the complaint, though, so whaaaaddddooooo I know?
 

Yoda

Member
IANAL but if the contract states:
"Apogee had a limited right to use Mr. Prince’s music in Duke Nukem 3D in exchange for a royalty equal to $1 per unit sold,"

That seems pretty straightforward. Randy's response "You'll be taken care" of is also indicates that he believes or believed he owed some him some form of compensation.
 

bronxct1

Neo Member
Suing Gearbox I can understand. Suing Valve, though - presumably under a theory of vicarious infringement - seems a little odd. Petty, even. Like, even if Valve was made aware of the issue, I don't think they're materially contributing to the infringement by not removing it from the store. That's not their problem. That's without having seen the contracts or the complaint, though, so whaaaaddddooooo I know?
Once they ignored the takedown request it became their problem. Sounds like he’s alleging he provided proof to valve and they ignored it and kept the game up.
 

orborborb

Member
these other complaints all seem legitimate but personally I quite prefer World Tour's Alien World Order episode over the old expansions
 
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Danny Dudekisser

I paid good money for this Dynex!
Once they ignored the takedown request it became their problem. Sounds like he’s alleging he provided proof to valve and they ignored it and kept the game up.

I mean, I realize that's what triggered it... but moreso than something like Youtube, I think it's silly to impose liability on a storefront for ignoring a takedown request. Figure your shit out with the publisher first - they're liable for damages incurred anyway.
 

sol_bad

Member
- Doesn't include the 3 expansion packs that the Megaton edition did.
- New re-recorded voice-lines are inferior.
- World Tour 20th Anniversary levels are mediocre
- Lighting and bloom is overdone in the World Tour version
- No steam workshop support for custom maps like the Megaton edition.

What's the difference between Atomic and Megaton editions? I have the Atomic edition on GoG and the 20th Anni edition on Steam.
 
Suing Gearbox I can understand. Suing Valve, though - presumably under a theory of vicarious infringement - seems a little odd. Petty, even. Like, even if Valve was made aware of the issue, I don't think they're materially contributing to the infringement by not removing it from the store. That's not their problem. That's without having seen the contracts or the complaint, though, so whaaaaddddooooo I know?

They've removed content from workshop due to copy rights issues haven't they? Is he going after valve after they were informed maybe and didn't take action?
 

brap

Banned
Whys the new one worse? I thought about buying it.
This for one
 
What's the difference between Atomic and Megaton editions? I have the Atomic edition on GoG and the 20th Anni edition on Steam.

Atomic Edition was the first edition of Duke 3D to come packaged in with the Plutonium PAK levels (Also known as Chapter 4: The Birth), it originally came out in 1996.
Megaton Edition is the ultimate edition of the game, and includes the Atomic Edition with it's additional chapter, as well as the three commercially released expansions (Life's A Beach, Duke It Out In D.C, and Nuclear Winter). It has pretty much everything included, but is now delisted and not available for purchase.
 
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The Cockatrice

Gold Member
I mean I get the Randy Doucheford thing but not clear why Valve would ignore the request? Feels like there's more to the story than what we're reading.
 
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