Fail? Nah.
I'm an old(er) school gamer who grew up on Duke3D. I waited until it went on sale on Steam. Frankly, it's not a bad game and it does remind me of Duke3D. Could it be better? Sure. Is it a steaming pile? No, not at all.
I agree with the developer about the reviews, I read a lot of them and came to the same conclusion. People were expecting CoD:Duke Nukem and didn't get it.
Meh. Reviews are so subjective anyway, and half of them don't even bother hiding their personal opinions.....that's why they hold very little wieght in my mind.