A few weeks back Duke Nukem: Mass Destruction was revealed to be coming to the PC and PS4 as a top down RPG. However it appears that 3D Realms and Interceptor may have overstepped the mark a bit, and walked right into copyright infringement territory. A few years ago 3D Realms sold the rights to future Duke Nukem games to Gearbox Software, with the result being Duke Nukem: Forever. 3D Realms did retain rights to the past titles developed by them and can distribute them as they wish, but new Duke Nukem games can only be given the go ahead by Gearbox.
Duke Nukem: Mass Destruction was not approved by Gearbox. That’s a big oversight by 3D Realms and Interceptor which has led to Gearbox issuing a cease and desist letter to stop production of the new game. What’s even more interesting is that 3D Realms has acknowledged and signed a breach notice to show the company understands that development of a Duke Nukem game cannot be done by them.
However the promotional site AllOutOfGum.com is still up at time of writing, with a screen of the Emergency Broadcast System taking up the main focus. This is likely to relate to the story of Mass Destruction or, my theory, this is 3D Realm’s way of saying they’re in trouble with Gearbox.
Either way unless Gearbox give approval for Duke Nukem Mass Destruction we’re unlikely to see the game release, so continued promotion is a bit confusing.