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James Francis
28 Jan, 2005

Binge & Purged: Foxed! ...by a gaming company?

PALGN Feature | What do you get when you make a fan mod for a popular franchise? Is that a) fame, b) fortune or c) threats from the creators? Funny, this should be a no-brainer...
I thought we’ve been through this before: mods, community projects and such endeavors are GOOD for the industry. They ENCOURAGE the average punter to make a few extras for his beloved game. These things are never sold, often aren’t that good and rarely translate into much more than a fan mod. Fact is: mods don’t hurt anyone. So why did 3D Realms fox the Duke Nukem 3D remake?

Let’s start at the beginning. Foxing is a term associated with Fox who, in a time before mods were big and games were cool, stopped a small team of fans from distributing Aliens Doom, a pinnacle in early mod development. Basically they were protecting their intellectual property, but it soon became clear that this action was just stupid. What possible harm could the mod have done to the franchise, except perhaps looking bad and making Aliens look bad? Obviously the Fox executives didn’t have this in mind when they approved the script for AVP…

Still, it’s a forgivable oversight. Companies in general are a bit more savvy these days when it comes to their property and what fans get up to. While Paramount still seems intent in protecting the ailing Star Trek franchise, most entertainment hubs allow for fan art, fan fiction and so on – as long as you don’t make money off it.

Game companies should be at the forefront of this ideology. Making mods is something that started in games and developers love the appeal it carries: an active modding community really extends the lifespan of your game; would Quake 3 still be around if new levels didn’t arrive every now and then? Granted, it was a CPL and WCG-chosen title, but in general modding is a good thing.

Did I mention that no-one makes money of these?

So what is up with 3D Realms when it opted to stop the Duke Nukem 3D mod being developed? Apparently it’s to protect intellectual property. If that’s true, then answer me this: aren’t the people making the mod likely to be fans of Duke? Didn’t they pay money for 3D, funding Forever’s development (or at least creating the demand?)? Isn’t this homage to the game series? Apparently not.

Yes, I’m pretty angry about this, because it’s stupid. Would a mod actually cause Forever to sell fewer copies? Not unless Forever sucks (and after all those years it had better not). Maybe it’s because it was being built on the Source engine, but that would just be petty. But this whole episode is petty; mods are a community effort – they are a way for gamers to give back to the industry. There is no harm in a Duke mod being made, unless you listen to lawyers and I suspect 3D Realms has…

3D Realms, you suck. I can’t say that more honestly. Your game development is a laughing stock and now you gave a big “Up Yours” to the fans of your games. That and you guys owe us sequels to ROTT and Terminal Velocity for far too long now. But don’t worry, your precious territory won’t be hampered by dangerous fan creations – you’ve made sure of that.

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6 Comments
8 years ago
I agree with you, considering I doubt 3D Realms is even making profit from Duke Nukem 3D these days, but it is their property and they can do whatever the hell they want with it. Guess we just have to suck it up.
8 years ago
hmm, this is one of those touchy subjects i think... while i'm all for mods and stuff, i do see the point of view of the intellectual property owners...

especially in the case of mods made to emulate movies or tv shows... and again especially when there are games in the works based on those franchises...

the most recent mod i've seen in trouble is the FarGate mod... a Stargate SG-1 mod for the FarCry (Crytek) engine... the creators of this mod had been asked (not told) to stop because there are currently negotiations underway to make a game of the SG-1 universe already...

i don't know if this has stopped the development, or what the news is regarding the mod and the official product... it seems the mod is still underway again, so i guess the official game has folded, or they now don't mind the competition...

in the case of the licence being Duke Nukem, i can definately see why fans would want to make their own game... considering it's been XXX years, and the physics engine has only just been chosen... but maybe this is the kick in the pants 3D-Realms needs to get their arse into gear...

as for the mod... if they rename it Baron Boom or something, they'd relatively easily get away with continuing work on it i would have thought... though personally i don't know why they'd bother icon_razz.gif
8 years ago
Quote
3D Realms, you suck.
Real professional. No really. icon_shifty.gif

Anyway, the point is they were remaking the game, but making it better than the original. Look at the Resident Evil remake, it was updated for a new generation and sold well. Remaking Duke Nukem 3D using the Source engine, how could you screw that up? It would be a perfect remake if done well. Thus eliminating the need for the original. This is 3D Realms point of view.
8 years ago
ObsoletE wrote
especially in the case of mods made to emulate movies or tv shows... and again especially when there are games in the works based on those franchises...
Hah Anyone remember 'Bid For Power' the DragonballZ mod for Quake3?
They were taken to court over the issue by Fundimation and then they had to change the names and models for the characters - I think that was a little extreme considering they wernt aking profit out of it, they were just fans.

And now I see all these other mods on DBZ coming out for Unreal Championship ect. and they still have continued, wouldnt you feel your works kind of going to waste? I wouldnt exactly be showing it off to the public..I would be to scared of going to court.

I think its kind of stupid honestly, some developers dont want you to see any of there code and I really dont get it.
Fair enough they dont want people to use the engine to create rip of games ect. But by purchasing the game I think you should be allowed to have access to the code itself - Maybe thats why Half Life 2 has gone so well so far?
8 years ago
armageddon12 wrote
Real professional. No really. icon_shifty.gif
Yes, I know. Call it a moment of where emotion beat professionalism. But I couldn't compound my feeling about this situation otherwise than resorting to swearing.

Quote
Anyway, the point is they were remaking the game, but making it better than the original. Look at the Resident Evil remake, it was updated for a new generation and sold well. Remaking Duke Nukem 3D using the Source engine, how could you screw that up? It would be a perfect remake if done well. Thus eliminating the need for the original. This is 3D Realms point of view.
But the mod wasn't going to be sold. And as I said, can a group of part-time, unpaid developers actually beat anything a studio brings out? If that is the case, then should 3D Realms even be selling their product? The mod would have been a labour of love for the community - the same people who would have bought the next game anyway. If a mod threatens your professional project, then perhaps you have to question just how professional your project is.

This would be akin to WB telling fans to stop drawing fan art of Bugs Bunny and co. As for the Source engine - just because it's an impressive engine does not mean it would be easy to make a mod in it. Also, 3D Realms have more access to the source of their engine code than the mod developers have of Source's. This is an incomparable situation.
8 years ago
the flipside could be that people might sue for ripping off an idea... one of my favourite authors, Raymond E. Feist has had a few issues with fan-fictions that he now says no fan-fictions allowed, he hires people to go through his mail to filter fan-fictions, or "what i'd like to see" or requests or anything because of 1 bad example...

now i'm writing from memory so this might not be 100% accurate, but the gist is here...

REF was apparently writing a novel based around a character of his when he read a fan-fiction sent to him by mail, he noticed that the era was similar to his current work (his novels span several generations) and he liked a few ideas so he wrote the author saying i'm impressed, would you mind if i used some, i would of course give credit and sling you a percent of the books takings, to which the "fan" wrote back saying glad you liked it, i want co-writer status and 50% of the books takings, plus further royalties for anything in addition which mentions these events... so REF was shocked and ended up scraping the project in case anything he then wrote about resembled the fan-fiction and basically made it public to his true fans that while he is flattered, he will no longer tolerate fan-fictions based on his world... which it seems most people respect...

now this is probably a fear held by anyone who owns a licence for any media, especially with the rise of the internet, fan fictions are much more wide-spread... and so are fan-mods...

while you say that the mod will never be as good as the real product, this might be true, but that may not be 3D-Realms worry, if the mod then does something which is similar to the eventual end product, who's to say the fan won't turn around and claim it as their own work?

obviously there are cases where a fan-mod community have impressed enough to land a full-time job with a community, and obviously most people are doing something for love, and would probably be happy with a "Special Thanks" mention, but there are dickheads out there...
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