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Take-Two takes 3D Realms to court over Duke Nukem Forever photo

Take-Two is dropping the lawsuit nuke on 3D Realms for failure to develop the sequel they both wanted, Duke Nukem Forever. 3D Realms closed up shop, never finishing the game, thus breaking an agreement they had with publishing rights owner Take-Two.

Take-Two has been pretty patient. I mean, the game had been in development for a decade or so now, right? 

“Apogee continually delayed the completion date for the Duke Nukem Forever,” Take-Two said in the complaint. “Apogee repeatedly assured Take-Two and the video-gaming community that it was diligently working toward competing development of the PC Version of the Duke Nukem Forever.” 

With 3D Realms' closing, the project was terminated and so were the people working on the game. Not finishing the title counts as breach of contract, so things go from bad to worse for 3D Realms.

 


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41 comments | showing # 1 to 41

Bulkmailer's Avatar - Comment posted on 05/15/2009 14:21
Bulkmailer
HAHAHA
elsteveo's Avatar - Comment posted on 05/15/2009 14:22
elsteveo
I seriously do not know what could of taken them so long to finish this game. first person shooter at some titties and cheesy 1 liners and you got yourself a duke nukem game
Mr Kite's Avatar - Comment posted on 05/15/2009 14:23
Mr Kite
So was that E3 trailer a lie? :(
Arch649's Avatar - Comment posted on 05/15/2009 14:26
Arch649
It's 3D Realms' own fault.
Agent Orange's Avatar - Comment posted on 05/15/2009 14:28
Agent Orange
You all had to have seen something like this coming. I guess it must have taken them a few days to get the paperwork in order or it would have happened sooner.
vApathyv's Avatar - Comment posted on 05/15/2009 14:29
vApathyv
I wonder if this somehow would come to a settlement of "Get your asses back in here, finish this by Q1 2010, and give us something to actually fucking publish". Probably not, but...
Bigmoose85's Avatar - Comment posted on 05/15/2009 14:29
Bigmoose85
About time
Magnalon's Avatar - Comment posted on 05/15/2009 14:34
Magnalon
Good riddance.
Guttlesswonder's Avatar - Comment posted on 05/15/2009 14:39
Guttlesswonder
Duke Nukem Forever has been one of the greatest jokes of all time, and the punch lines just keep coming.
Shadowiii's Avatar - Comment posted on 05/15/2009 14:43
Shadowiii
Way to kick 'em while they are down.
But this is still hilarious.
Dimly's Avatar - Comment posted on 05/15/2009 14:45
Dimly
Ohh god! Oh man oh god! Oh man! Ohhhh god!
Vitamin Awesome's Avatar - Comment posted on 05/15/2009 14:45
Vitamin Awesome
Apparently, Take-Two is also demanding the source code of DNF as part of the lawsuit. This has become very interesting.
VGFreak1225's Avatar - Comment posted on 05/15/2009 14:53
VGFreak1225
“Apogee continually delayed the completion date for the Duke Nukem Forever,” Take-Two said in the complaint. “Apogee repeatedly assured Take-Two and the video-gaming community that it was diligently working toward competing development of the PC Version of the Duke Nukem Forever.”

Shouldn't that be 3D Realms, not Apogee? Oh, Snap! It was Apogee all along! I smell a conspiracy!
Demtor's Avatar - Comment posted on 05/15/2009 15:00
Demtor
Hahaha! 3D Realms, yikes. Poor bastards.
Qraze's Avatar - Comment posted on 05/15/2009 15:01
Qraze
take 2 is gonna get the licence and have the game out in 3 months.
3D Realms has been dicking around with nothing to show for the astronomical amount of time developing dnf and i hope take2 will give it the team it needs to get done. 3D Realms is a joke.
hermes's Avatar - Comment posted on 05/15/2009 15:03
hermes
Duke Nukem Forever has been a joke and a great example of vaporware for years. Of course this is 3D Realms fault, but I can't believe Take Two didn't push them before.
Brando's Avatar - Comment posted on 05/15/2009 15:13
Brando
If nobody wants it then I'll pay $7 for the rights to Duke Nukem Forever...
nanowerx's Avatar - Comment posted on 05/15/2009 15:23
nanowerx
Please give Take Two the fucking source code so we can have this game out by christmas...Even after 12 or so years I still want to play this damn game so bad
KoKoO Psy's Avatar - Comment posted on 05/15/2009 15:24
KoKoO Psy
Raise you to $12!
Naim Master's Avatar - Comment posted on 05/15/2009 15:26
Naim Master
@qraze
Agree !
Faust2814's Avatar - Comment posted on 05/15/2009 15:27
Faust2814
Whether or not Take2 wins, Duke Forever would most likely still suck. Unless Take2 were going to put some seriously skilled people on it then perhaps not. This is all hypothetical of course though, it's barely more likely to show up than the phantom console was.
kinneas123's Avatar - Comment posted on 05/15/2009 15:28
kinneas123
Duke Nukem: Forever is never going to completely die, is it? We'll still be talking about the fallout from this game in like 2025.
loquax's Avatar - Comment posted on 05/15/2009 15:29
loquax
$7.50
Monodi's Avatar - Comment posted on 05/15/2009 15:31
Monodi
$5.00
Corak's Avatar - Comment posted on 05/15/2009 15:48
Corak
I want my fecking lap dance already damn it. If this is what it takes to get this game released in a timely manner bring it on, it'll still be a joke but at least we get to see the punchline at the end.
DeusPayne's Avatar - Comment posted on 05/15/2009 15:50
DeusPayne
Tree fiddy. Wait, is this not how auctions work?
Chronic Logic's Avatar - Comment posted on 05/15/2009 15:55
Chronic Logic
12 million dollars down the drain, Take Two has every right to be pissed off. I would LOVE to hear the reason why 3D Realms didn't abide by the contract.
Crunshii's Avatar - Comment posted on 05/15/2009 16:12
Crunshii
you guys missed a important part of the article back in 03...

The two companies were on less than cheery terms during development of the game. After Take-Two publicly expressed hope that 3D Realms would finish the game in 2003, 3D Realms president George Broussard famously reminded Shacknews users that the game was self-funded, saying: "Take Two needs to STFU imo."

I guess good ol George spent the money on RL strippers instead of finishing the virtual ones.......
Los255's Avatar - Comment posted on 05/15/2009 16:42
Los255
http://gamingisstupid.com/2007/12/17/the-chair-story-original/

??
Volomon's Avatar - Comment posted on 05/15/2009 17:11
Volomon
Damn Take-Two was more than patient. I hope they get everything they can.
D-Nez's Avatar - Comment posted on 05/15/2009 18:46
D-Nez
They're claiming they didn't get a dime of that12 million. Well someone cashed that check.

Take Two deserves something from their investment into the game.

This is the flip side of the it's done when it's done mentality. Sure sometimes it means extra polish but these guys abused it. With most industries a job is expected to completed within a reasonable amount of time. Most of us couldn't get away with telling our bosses it'll be done when it's done. The exception is self published games since it's their dime.
The Amazing Shenazin's Avatar - Comment posted on 05/15/2009 18:50
The Amazing Shenazin
soooooooo, I guess this isn't viral marketing then?
Korolev's Avatar - Comment posted on 05/15/2009 21:52
Korolev
They should sue, but I don't think they'll get anything much out of it. The bes thing for them to do would be to force 3D realms to give them what remains of the project and develop it themselves quickly - finish it and fix it up quick in a year and then shove it out of the door, even if it sucks. Maybe they'll make only half of the investment back from a bad Duke Nukem game, but that's probably more than they'd get by suing alone, because some people would buy it.
Clockwork's Avatar - Comment posted on 05/15/2009 22:04
Clockwork
Give it to Rockstar and release this game already.
Vitamin Awesome's Avatar - Comment posted on 05/15/2009 22:51
Vitamin Awesome
Another thing to consider: if Take-Two only spent 12 million on marketing and hyping an already-hyped game instead of subsidizing development costs, then it's their loss for doing it on their own dollar. It would be like me pumping millions into marketing a flying car for a company that only has a concept going. Would I be mad if they fold? of course, I'd be pissed. But if I didn't spend any of that money into keeping them afloat for a return, then the joke's on me.
Dexter345's Avatar - Comment posted on 05/16/2009 00:50
Dexter345
I don't get it. If Take Two still wants the game, don't they just have to keep giving 3D Realms funding?
networkingyuppy's Avatar - Comment posted on 05/16/2009 01:38
networkingyuppy
simple, its budgeting dexter.
Take two also owns 2k, Rockstar and a shitload of other companies. I believe that remedy also has part in the take two company. So there's a shitload of subsidiaries that form the take two company.
DeusPayne's Avatar - Comment posted on 05/16/2009 10:56
DeusPayne
Take Two was never actually funding development. They owned the publishing rights, which is basically a 'you make it, we'll fund distribution on completion' agreement.
Furnimus's Avatar - Comment posted on 05/16/2009 11:04
Furnimus
That really is terrible for Take Two if in fact they put all of that money into it. 3D Realms really blew it, and now they should pay for it. What on Earth could they have been doing for so long? I understand the original delays because of engine changes, but after that, why?

And just in case everyone here has not seen it: The Duke Nukem Forever List (Brain Melting)
perri's Avatar - Comment posted on 05/16/2009 23:52
perri
I actually really feel bad for these guys...Will they ever work again?...did they ever work?
Benson's Avatar - Comment posted on 06/02/2009 19:30
Benson
Good riddance, as if we need a new FPS, I have over 20 games that involve me looking down a gun barrel shooting aliens. If I need to add hookers I could just buy one.
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