Duke Nukem court battle: Take-Two accuses 3D Realms of hiding 'substantial' amounts of money

The court room drama that is Duke Nukem Forever, took another twist yesterday as it was revealed that Take-Two Interactive has accused 3D Realms of withholding "substantial" amounts of money stashed in an offshore account.

While most feel the possibility of slipping into the alien blasting role of Duke Nukem for next generation consoles is a dead idea, gamers can find plenty of action in the court room, as recently released documents reveal that Take-Two Interactive is accusing 3D Realms of not only negating their contractual obligations, but also withholding "substantial" amounts of money in an offshore account.

The documents originally filed in mid-May, show that Take-Two had asked Apogee Software (otherwise known as 3D Realms) if the studio could "co-develop" an Xbox 360 version of Duke Nukem Forever. Apparently, Apogee stated that they would agree on the condition that Take-Two "fully fund Apogee's reaching certain milestone." Take-Two was naturally hesitant, as over a decade of delays had still lead to no completed game.

Take-Two offered to fund half of the "concurrent development costs" on PC and Xbox 360 versions of the game however, "up through" 3D Realms hitting the "Alpha Milestone" of the PC version, with the remaining half to be paid upon completion of the game. Apogee rejected the proposal, even though they were contractually obligated to complete and deliver Duke Nukem Forever to the PC.

However, on 3D Realms side of the story, Take-Two, after months of negotiations, "materially changed the parameters of the proposed funding agreement" into something 3D Realms could not "financially afford," with 3D Realms then rejecting the "unacceptable" proposal Take-Two made for the franchise and development team.

Outside of the game not being completed, Take-Two's biggest gripe now it seems, comes from what they claim as Apogee's refusal to hand over the source code and other materials relevant to the game, which has halted development they planned to do independently.

On top of that, with recent renders, photos and footage of the unfinished title being released online, Take-Two is fearful that some critical information of the game may be released by former DNF development workers who "in an effort to obtain recognition for years of prior work on the DNF project" may "improperly sell the information to a third party and/or to retaliate against Apogee" which could potentially harm Take-Two's exclusive rights to "publish, exploit and control the DNF brand."

The answer is clear. In an attempt to give the most fully interactive game possible, 3D Realms spent the money on stripper research.

The answer is clear. In an attempt to give the most fully interactive game possible, 3D Realms spent the money on stripper research.

The most shocking claim however, seems to accuse 3D Realms of pocketing money given to them on the promise of a completed game:

"Notwithstanding Apogee's consistent assurances that it would soon complete development of DNF, on May 6, 2009, Apogee closed its studios, terminated development of DNF and laid off all employees who had been involved in the DNF project. Upon information and belief, Apogee has title to a substantial amount of funds deposited in an off-shore account, which Take-Two believes Apogee can use to fund its outstanding obligations."

On ShackNews, 3D Realms/Apogge Ltd. founder Scott Miller has responded to these allegations however, stating that:

"Do readers here realize that filed lawsuits are entirely one-sided statements, based on knee-deep BS and with more spin that a top?

3DR has been in nearly a dozen lawsuits (including against Warner and Fox). We're always innocent, and we always win. This one is no exception. Give it a year, then the truth will come out."

As it is, Take-Two believes they are entitled to the incomplete source code of the game, which would help, "in the development of the Console Versions of DNF"--along with "damages equal to...lost profits caused by Apogee's failure to timely develop and deliver" DNF PC and "an award of damages equal to the DNF Advances with accrued interest."

So to that end, if Take-Two succeeds in their lawsuit perhaps the Duke won't remain dead "forever", but it'll probably be a long time before we see him in action on some next generation consoles and PC's.

Check out the original article and link to the full page court document here at ShackNews.


ALSO READ: Duke Nukem Fallout: 3D Realms sued by Take-Two
ALSO READ: Duke Nukem Forever studio 3D Realms closing down
ALSO READ: Duke Nukem Forever preview
THE VERDICT by Sean Mirkovich Sean Mirkovich's Avatar [Insert Monty Python "Not dead yet" joke]

Comments [14]

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jon46410

I grew up in the DOS days and remember Apogee, they were a great company. I still remember Duke Nukem when it was 2d. I've been with the Duke series since the beginning. However as good as the photos I've seen there is no excuse, ABSOLUTELY NO EXCUSE on this game not being finished. I feel bad for Take Two, they were used. If I was the judge I would order Apogee to give up the code to Take Two and for the money they lost they get sole control of the Duke name. It would only be fare.

ChokaDaChicken

All this talk of Duke Nukem. Screw Duke Nukem, there are plenty games out there just like and better than it. I hope Take 2 gets their money and code though. There's been enough corruption and greed in the past year, and 10 years is a long ass time. Duke Nukem would probably cost as much as a Ps3 if it ever got done.

Riff_it_up

just let this game die in peace!!..i myself would love to see a new current Duke game...just not this 1..if its 1 thing we all shoulda learned...projects that take 10+ years to make...like say Too Human...and more importantly..the ridiculous awful Bums and Posers(aka Guns and Roses) Chinese Democracy album...end up sucking ass!..just cut your loses Take Two..and move on.....

donkeykong57

Duke Nukem 3D is one of the best shooters of all time. Hands down.

With that being said, someone needs to build on the DNF source code and publish the fucking game.

TRUPREDATOR

i dont know.prey was in development for a long ass time and that turned out to be a great game.not to mention made by 3d realms.so there is a good chance the game wont suck if finished by 3d realms.though ten years and no idea how far along the game is.is a load of bullshit.there is no reason why they should need more money to finish it.

Coconuts

jon46410 wrote:

I grew up in the DOS days and remember Apogee, they were a great company. I still remember Duke Nukem when it was 2d. I've been with the Duke series since the beginning. However as good as the photos I've seen there is no excuse, ABSOLUTELY NO EXCUSE on this game not being finished. I feel bad for Take Two, they were used. If I was the judge I would order Apogee to give up the code to Take Two and for the money they lost they get sole control of the Duke name. It would only be fare.

You can say that twice.

Coconuts

Over Ten years to finish development of a single game? It must have been The Iliad and The Odyssey of video games?

The12P

Give Take Two the money? Hell yeah. But the source code? Only if they promise to rename the game something else. Like someone already said, let that stupid ass name die once and for all. DNF=Does Not Finish.

ESRB_Hater

Douche Nookie Fahgeddaboudit?

Also the T2 logo at the top of this page kinda looks like a 12 (for the years in developement).

KILLPEOPLE

I bet we will see some type on documantery covering this drama, there will be hereos and villians, duke as himself, and Apogee will use the money to pay back T2 studios

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