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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.)

30 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 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.

    7. 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...

  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. Oblig. by Anonymous Coward · · Score: 5, Funny

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

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

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

  5. 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

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

    Your girlfriend puts out. Just not for you.

  7. 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?"
  8. 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'
  9. 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.

  10. "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
  11. 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!

  12. 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
  13. Re:Forever indeed by Anonymous Coward · · Score: 5, Funny

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

  14. *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?"

  15. 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.

  16. 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.

  17. 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