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3D Realms Sued Over Failed Duke Nukem Forever Plans

Posted by Soulskill on from the ponzi-would-be-proud dept.

Take-Two Interactive has now sued 3D Realms over the cancellation of Duke Nukem Forever . Take-Two did not provide continuous funding for the game, but they did pay $12 million for the publishing rights to the game. A Bloomberg report quotes Take-Two's complaint as saying that 3D Realms "continually delayed the completion date" and "repeatedly assured Take-Two and the video-gaming community that it was diligently working toward competing development of the PC Version" of the game. (The complaint refers to 3D Realms as part of Apogee Software, Ltd., not to be confused with Apogee Software, LLC, the publisher behind the still-forthcoming Duke Nukem Trilogy.)

63 of 180 comments (clear)

  1. They might have a case by VShael · · Score: 4, Insightful

    but they'll never see 12 million dollars out of it.

    1. Re:They might have a case by L4t3r4lu5 · · Score: 5, Interesting

      They might get the current build of the game, though.

      I sure know which out of the two I'd want if I was Take Two!

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    2. Re:They might have a case by discord5 · · Score: 5, Funny

      They might get the current build of the game, though.

      2 DVDs filled with videos of strippers for reference material, 1 CD-ROM containing training for weapons and explosives, 20 sci-fi magazines about aliens, 1 small "cheezy phrase" booklet, 30 artist sketches of what the monsters would look like, and 1 bag of tepid air to be used for marketing.

      I sure know which out of the two I'd want if I was Take Two!

      Those two DVDs seem to be interesting, and you never know when you need a bag of tepid air.

    3. Re:They might have a case by PolygamousRanchKid+ · · Score: 4, Funny

      They might get the current build of the game, though.

      Unfortunately, the current build only runs on GNU Hurd . . .

      --
      Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    4. Re:They might have a case by JeffSpudrinski · · Score: 5, Funny

      This is a relief.

      I was afraid that the most famous vaporware in the history of computing was about to really evaporate. Now that this is going on, this should keep hopes alive for at least another five years.

      -JJS

    5. Re:They might have a case by Antique+Geekmeister · · Score: 5, Funny

      Then it's the only software that ever did, and should be preserved for historical reference. Oh, dear, that kernel was useless.

    6. Re:They might have a case by ta+bu+shi+da+yu · · Score: 2, Funny

      What, you actually had a chance to use it? Someone preserve this man's brain for posterity!

      --
      XML is like violence. If it doesn't solve the problem, use more.
    7. Re:They might have a case by Minwee · · Score: 4, Funny

      And don't forget the most important part, a DVD collection of every movie or TV show Bruce Campbell ever made.

    8. Re:They might have a case by BobMcD · · Score: 2, Interesting

      but they'll never see 12 million dollars out of it.

      Could they possibly write all that off, though, as a bad debt?

    9. Re:They might have a case by damien_kane · · Score: 5, Funny

      The Collector's Edition is said to replace the bag of tepid air with a container of smoke and a short length of garden hose...

      The container, of course, being in the form of a suppository...

    10. Re:They might have a case by mrdoogee · · Score: 2, Insightful

      Thats 12 million THEORETICAL dollars or vaporware.

      A much harder choice if you ask me.

    11. Re:They might have a case by retchdog · · Score: 3, Informative

      Random daily trivia: that phrase comes from a once-common medical practice, and began to be used when it was discredited.

      --
      "They were pure niggers." – Noam Chomsky
    12. Re:They might have a case by Jesterboy · · Score: 3, Interesting

      but they'll never see 12 million dollars out of it.

      I think it's more likely that they are trying to get a cut of any assets sold by 3D Realms, either physical or intellectual. I could see them making a grab for Duke Nukem copyright, handing it over to another developer, and putting it out under the Duke Nukem Forever title...

    13. Re:They might have a case by Dr.Syshalt · · Score: 3, Funny

      Unfortunately, the current build only runs on GNU Hurd . . .

      And unfortunately, they kept their sources at avsim.com servers...

  2. I'm still holding out hope.. by VMaN · · Score: 5, Funny

    .. that this ugly business is all a hoax, and they are preparing to release it, but that's probably just me in denial :(

    1. Re:I'm still holding out hope.. by jonaskoelker · · Score: 5, Funny

      I was with Duke for twelve years, Dr. Hirnficker. We always made plans to go out at nights, but he always had to work late every night. I know kicking alien scumbag asses is a tough job, but every night?

      One day I found a receipt on the floor; it must have fallen out of his wallet. When I read the "new models" and "better engines" line items, I suspected that his staying late on the job wasn't really for more work. I think he was flirting with other technology.

      But despite what you say, Duke never laid a hand on me, I swear. The bruises are just from walking into doorknobs and cupboard handles. Really, Dr., it's true! Duke was always good to me. He was always my friend, my love and my soulmate. We were meant to be together. Forever.

  3. so where's the money going to come from? by Anonymous Coward · · Score: 2, Interesting

    surely 3D Realms don't have any financial assets left after going bust ..?

    1. Re:so where's the money going to come from? by Dissman · · Score: 5, Insightful

      They have the Duke Nukem Intellectual Property, as well as whatever other games 3d Realms has produced over the years. Winning that in court would allow them to produce games, as well as movies or anything else. In the long term, it could be worth well north of the 12 million.

    2. Re:so where's the money going to come from? by DragonWriter · · Score: 3, Insightful

      surely 3D Realms don't have any financial assets left after going bust ..?

      I believe Apogee Software, Ltd. (the company; "3D Realms" is essentially a brand name under which all of their development was done) has assets (including the trade name "Apogee", and its library of IP, currently licensed to Apogee Software, LLC). A financial judgement against Apogee Software, Ltd., could force them to liquidate those assets to satisfy the judgement.

      Also, Apogee Software, Ltd., is a Limited Partnership, which means it has at least one general partner and one or more limited partners. Generally speaking, the general partner(s) are jointly and severally liable for the debts of the partnership, so if Apogee Software, Ltd., doesn't have assets to satsify a judgement, the general partner(s) will be on the hook for the judgement.

    3. Re:so where's the money going to come from? by Cornelius+the+Great · · Score: 2, Interesting

      I don't know... When Prey (another 3D Realms title that almost became vaporware) was finished by Human Head, it was pretty damn good, in my opinion.

      I'm seriously hoping that another competent studio will pick up the IP and make something just as worthwhile.

      --
      Sigs are for losers
    4. Re:so where's the money going to come from? by buchner.johannes · · Score: 3, Funny

      What would you do with 12 million Canadians?

      --
      NB: The message above might reflect my opinion right now, but not necessarily tomorrow or next year.
  4. Oblig. by Anonymous Coward · · Score: 5, Funny

    It's time to sue everyone and chew bubble gum... and I'm all outta gum!

  5. Hope by Lord+Lode · · Score: 4, Insightful

    I really, really, hope that the current work of DnF is not lost. That all the data, code, levels, ..., are going to be released somewhere. Or better, finished into a playable state.

    Isn't it possible to find a different developer that can take it over?

    1. Re:Hope by writermike · · Score: 3, Insightful

      I really, really, hope that the current work of DnF is not lost. That all the data, code, levels, ..., are going to be released somewhere. Or better, finished into a playable state.

      Isn't it possible to find a different developer that can take it over?

      I'm wondering if there is any code. I think all we've seen up to this point is some nicely rendered scenes, but are they in-game?

      Ah, cynicism.

      --
      If Nalgene water bottles are outlawed, only outlaws will have Nalgene water bottles.
    2. Re:Hope by WMD_88 · · Score: 3, Informative

      A gameplay video leaked a day or two after 3DR announced the closing.

    3. Re:Hope by mxs · · Score: 2, Insightful

      You are, of course, assuming that "all the data, code, levels" actually exist. It does not take much cynicism to believe otherwise.

    4. Re:Hope by Stand+for+something · · Score: 5, Informative

      Here it is http://www.gossipgamers.com/duke-nukem-forever-gameplay-footage-leaked/

    5. Re:Hope by Purity+Of+Essence · · Score: 3, Interesting

      And Jace Hall played it last year and said we wouldn't be disappointed. Bastard.

      Jae Hall, Ep 1: Duke Nukem Forever

      Includes interview with George Broussard and Scott Miller of 3D Realms.

      --
      +0 Meh
    6. Re:Hope by FreonTrip · · Score: 2, Informative

      Having seen a build of the game run a while back, I can confirm that it's real. If it was ever going to be released it would be a fun game with a LOT of personality. :)

  6. And in response... by hyades1 · · Score: 5, Funny

    3D Realms threw a handful of bills at Take Two Interactive's bitch lawyers and said, "Wanna dance?"

    --
    I've calculated my velocity with such exquisite precision that I have no idea where I am.
    1. Re:And in response... by Sanguis+Mortuum · · Score: 5, Funny

      Shake it baby

  7. Re:Can we be sure now... by Anonymous Coward · · Score: 4, Funny

    Your girlfriend puts out. Just not for you.

  8. Underpants distribution contract by ipX · · Score: 3, Funny

    Dear sirs, I hear the underpants gnomes have some distribution rights for sale... I'd be happy to negotiate a deal on their behalf with Take-Two.

  9. Forever indeed by Drakkenmensch · · Score: 3, Interesting

    This story simply refuses to die, much to the enjoyment of gamers everywhere. I guess it's reasonable for us to get some schadenfreude mileage out of it, considering we've been fed the same when it's ready line for 12 years now...

    1. Re:Forever indeed by Anonymous Coward · · Score: 5, Funny

      Don't you get it? The story is the game, and it will last *forever*.

    2. Re:Forever indeed by Chris+Burke · · Score: 3, Funny

      "This is the most blatant case of false advertising since The Neverending Story."

      --

      The enemies of Democracy are
  10. It can't be about the money by 91degrees · · Score: 5, Insightful

    3D Realms don't have $12 million. If they did they wouldn't have gone belly up. A game developer has virtually no tangible assets. Computers will add up to the tens of thousands at most, devkits are owned by the console manufacturers, offices are leased. The IP is typically not going to have anyone wanting to buy it.

    The only exception to that last point is Take Two. They have a vested interest in making this game a reality. Presumably the point to this is that they become creditors and so will have a claim on the aspects of DNF that have been completed.

    1. Re:It can't be about the money by Miltazar · · Score: 4, Insightful

      It's not about money. Take 2 did agree(albeit verbally) to give 3DR $5 million. However they later decided not to, and instead to pay 3DR $30 million if they sold the IP to Take 2. They declined, and thus closed.

      I think this is another attempt to get Duke Nukem. They sue them for money which they don't have, and instead demand that they be given the rights to Duke Nukem.

      --
      "Hold! What you are doing to us is wrong! Why do you do this thing?"
  11. Rather than suing.. by Idaho · · Score: 5, Funny

    ...they should just go to the 3D Realms headquarters, rip their heads off and shit down their neck.

    --
    Every expression is true, for a given value of 'true'
  12. Re:How good would it have to be? by Amouth · · Score: 2, Insightful

    honestly if it is like the video's they released acouple days ago.. i think it will be a good hit

    --
    '...if only "Jumping to a Conclusion" was an event in the Olympics.'
  13. "No" to a buyout -- Lawsuit? by soupforare · · Score: 4, Interesting

    I wonder if they're bringing this suit to try to scare GB into handing over all Duke IP. This comes awfully soon after their offer to purchase it outright for $30M.

    --
    --- Do you believe in the day?
    1. Re:"No" to a buyout -- Lawsuit? by Nick+Ives · · Score: 4, Insightful

      T2 did not offer to buy it for $30m. They offered 3DR $5m for continued development if they handed over all the rights in return and said if 3DR didn't like it they could get the publishing rights back if they paid them $30m, meaning any other publisher would have to come up with $35m to see the game finished.

      This is clearly a tactical move by T2 to acquire the Duke rights.

      --
      Nick
  14. Re:Know what woulda helped 3D Realms stay in busin by Drakkenmensch · · Score: 4, Funny

    They'll go into their bankruptcy when it's ready!

  15. 12 million!? by happy_place · · Score: 5, Insightful

    Dang! Someone give me 12 million dollars to simply MAKE a game, and I could get it done in ten years. By myself... Finding it hard to have pity for 3D Realms...

    --
    http://www.beanleafpress.com
    1. Re:12 million!? by jsnipy · · Score: 2, Insightful

      But in ten years how relevant would it be? inb4halflife2 inb4teamfortress2 inb4starcraft2

      --
      -- if you mod me down, I will become more powerful than you can possibly imagine
    2. Re:12 million!? by owlstead · · Score: 3, Insightful

      Not possible anymore (for a while now). Look at the credits of any major 3D action game. You are going to do that all on your own? Good luck with that. Maybe you can do an initial version of Wolfenstein (2.5D) on your own, anything requiring more game code and/or graphics is off limits for a single developer.

    3. Re:12 million!? by MoldySpore · · Score: 2, Insightful

      All that work by yourself in a respectable amount of time? No.

      All that work in 10+ years? It's at least POSSIBLE. You'd think with a handful of people (like 3-5) you'd be able to do it in 3-5 years. Look at all the indy developed games out there: most of them have teams smaller than 10 people. 3D Realms had 10 years and barely had a trailer out for us to watch. Granted the leaked footage shown recently shows a game that is a bit more finished than even I thought was done, but still...I don't think it is out of the question. 10 years is a long time.

      --

      "I hope you know how very lucky you are to know me, because I am so incredibly incredible."

  16. Re:take2 by LUH+3418 · · Score: 3, Interesting

    The project was started somewhere after the completion of the Duke Nukem 3D game (1996-1997). That game was pretty successful, and so 3D Realms looked like it might be worth investing in. I'm guessing Take Two didn't invest all that money in 2009.

    Furthermore, 3D Realms released some rather credible video trailers for the game, once in 1998, and again in 2001:

    http://www.youtube.com/watch?v=88F0J70ZkeM (1998)

    http://www.youtube.com/watch?v=TKcxL4PmXfA (2001)

    So clearly, even going as far as 2002, you could still believe 3D Realms was going to release *something* eventually...

  17. Re:Know what woulda helped 3D Realms stay in busin by Anonymous Coward · · Score: 3, Informative

    Yeah, they could have released, say, Max Payne games in 2001 and 2003, and Prey in 2006?

    Oh wait, they did. You fail it.

  18. This is way better than the game could ever be. by Garbad+Ropedink · · Score: 2, Insightful

    Honestly. I'm not so disappointed about the game being turfed now with all this great news about the horrendous clusterfuck the entire production was. It's more interesting just to read about how this train wreck went down. Much much better than if 3Drealms just said 'welp, we've decided to cancel production and move onto something else'.
    Least in this scenario fans are getting *something* entertaining in an abstract sense.

    --
    And that was the last Terry Fox run I ever participated in.
  19. *Jaw Hits Floor* by Rary · · Score: 4, Funny

    What?!?!? You mean to tell me that there is someone in the world who not only actually believed that DNF would be finished someday, but they believe it so strongly that they were willing to invest $12 million into it?!?!?

    Where do I meet these people? I can "build" far bigger and better vapourware than DNF for half that price! Please, give me a call.

    --

    "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    1. Re:*Jaw Hits Floor* by ergo98 · · Score: 5, Insightful

      You mean to tell me that there is someone in the world who not only actually believed that DNF would be finished someday, but they believe it so strongly that they were willing to invest $12 million into it?!?!?

      They paid that money 9 years ago. Yeah, most people believed the game might be someday finished 9 years ago. Even 7 years ago it was "soon". 5 years ago it was "gotta be sometime in the next couple of years". 3 years ago it was "are they actually still working on it?"

    2. Re:*Jaw Hits Floor* by elrous0 · · Score: 2, Interesting

      4 years ago I started wondering why their investors didn't sue for obvious fraud. Guess they finally did.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
  20. Re:Know what woulda helped 3D Realms stay in busin by The+Moof · · Score: 4, Informative

    Ah, Prey. Almost as vaporware as DNF was until I actually saw it come out. FYI, Prey was "in development" for 11 years. So this really poor management thing seems to be a recurring problem with 3D Realms.

  21. Re:Anyone else think they are bit late with this? by telchine · · Score: 3, Funny

    They may not have money, but the Duke Nukem IP must be worth alot.....

    It's worth as much as my seaside villa in Afghanistan.

  22. Comment removed by account_deleted · · Score: 3, Insightful

    Comment removed based on user account deletion

  23. This isn't as cut and dry as you think. by shineyboy · · Score: 4, Informative

    What most people don't realize is that Take 2 NEVER paid 3D Realms directly for development on DNF. 3D Realms self-funded ALL 12 years of development. The money they're suing them for was for publishing rights purchased from GT Interactive and Infogrames several years ago. This is completely separate from 3D Realms.

    Most people assume this is a typical publisher-developer relationship, but it's not. Take2 doesn't own the rights to the game or any of the content in it... only the rights to publish it whenever it's done. 3D Realms ran out of money, asked them for some, were denied, and had to close down for lack of funds and all their employees are now looking for new employment in a horrific economy.

    It's a shame 3DR couldn't have gotten it together sooner.

    1. Re:This isn't as cut and dry as you think. by qzak · · Score: 3, Insightful

      "It's a shame 3DR couldn't have gotten it together sooner." It's a shame 3DR couldn't have gotten it together.

  24. Re:Can we be sure now... by geminidomino · · Score: 3, Funny

    Spartacus?

  25. Re:Know what woulda helped 3D Realms stay in busin by Cornelius+the+Great · · Score: 4, Informative

    Max Payne was developed by Remedy and Rockstar. Prey (the version we finally got), was developed almost entirely by Human Head.

    3D Realms hasn't singlehandedly developed a game in a very long time.

    --
    Sigs are for losers
  26. Collateral damage by BtRB_Ver2 · · Score: 2, Interesting

    In all this, I wonder what will happen/has happened to the Shadow Warrior ip? After DNF, was there going to be a Shadow Warrior remake? Who want'sa some Wang?

  27. Re:Can we be sure now... by Anonymous Coward · · Score: 3, Informative

    it doesn't matter. this meme is redundant any time it's posted. we get it dnf = did not finish. thanks, chuckles.

  28. 3DRealms, where are they now? by sabt-pestnu · · Score: 2, Informative

    A link for those wanting to watch the lawyering: NY court info

    A preliminary injunction has been filed, I would guess to keep the IP from being idly sold off in the bankruptcy, but no lawyers for 3DRealms has been noted on the site. "Disposition deadline" is in August 2011. How swift is that?

    Take Two may be using this suit to establish a claim it can take to the bankruptcy court. Once there, however, it'd have to swim with the other creditors in the pool and fight for whatever morsels it thinks is coming to it.