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Take-Two suing 3D Realms over DNF

Take-Two suing 3D Realms over DNF

Duke Nukem Forever was in development for more than 12 years and cost Take-Two more than $12 million.

Take-Two has launched a lawsuit against the creators of Duke Nukem today in an effort to seek compensation for investments made on a project that was never finished; Duke Nukem Forever.

The (too)-long-awaited sequel to Duke Nukem 3D, Duke Nukem Forever, was in development for at least 12 years, but the project eventually collapsed on itself recently when developer 3D Realms closed down under financial strain.

Over the years it seems that Take-Two, who was to publish the much-derided title, invested upwards of $12 million USD in the project and, now that the game will never make it to market, the company is seeking compensation by suing Apogee Software Ltd. It should be pointed out that Apogee Software Ltd is the legal name for 3D Realms and shouldn't be confused with the still-alive Apogee Software LLC which is still hoping to publish the original Duke Nukem platform games on handheld platforms.

The lawsuit is based on the fact that 3D Realms promised multiple times that it was working on DNF, but the game never really progressed close to a shippable state and was delayed by constant engine changes and tech-tweaks.

"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," reads the complaint, according to Bloomberg.

Among other tactics Take-Two promised cash-incentives to key staff members if they could get the game out in time, but it was a move in vain and it seems that Duke Nukem Forever never really had a chance of getting to market.

Let us know your thoughts on the lawsuit and Duke Nukem Forever in the forums.

36 Comments

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oasked 15th May 2009, 11:16 Quote
Surely they should have noticed several years ago that DNF was going nowhere? Seems like this effort is a little too late...
Bauul 15th May 2009, 11:16 Quote
Some leaked footage of DNF has started appearing on the web. It looks far from finished, but they had some awesome ideas.
yakyb 15th May 2009, 11:19 Quote
its been a running joke for years now you would have thought someone would have cottened on earlier
Kasius 15th May 2009, 11:36 Quote
Take-Two are going to suffer a very slow and painful death.. I hope to be there to see it!
jim48509 15th May 2009, 11:43 Quote
A law suit will probably take forever as well.
FatMikel 15th May 2009, 12:41 Quote
This is fair enough, I feel. Hopefully Take Two will get some of their money back. If it was EA, I'd care less, but Take Two generally publish fairly good games.
V3ctor 15th May 2009, 12:52 Quote
If that game came out, I would surely buy it... Always loved the Duke, a game with so many years in development... they must of had GREAT ideas for the game... I don't think that they we're scratching their balls for that long... I just hope Take Two gets the franchise and just make the damn game...
liratheal 15th May 2009, 14:07 Quote
Good luck with getting anything.

At best they can pick up the Duke franchise, I expect.
perplekks45 15th May 2009, 15:05 Quote
Please don't give them the franchise. Rather let the Duke die now. If it's not developed by 3D Realms/Apogee it just won't be the same. :(
Yemerich 15th May 2009, 15:07 Quote
Quote:
Originally Posted by liratheal
Good luck with getting anything.

At best they can pick up the Duke franchise, I expect.

I hope they get that. And i really think Take two was kind of "benevolent" believing in 3d realms. I think they DESERVE their money back.

Anyway, i hope some SERIOUS developer take over Duke.... As long as it's not Bethesda... Can you imagine? Oblivion with guns and Aliens?
It would be like hearing Duke saying:
"Your mommy is ugly" to an alien instead of "I am here to kick ass and chew bubble gum. And I am out of gum!"

Is it obvious that i hate Bethesda?
Cobalt 15th May 2009, 15:51 Quote
Take Two don't really deserve compensation at this point. It was clear about six years ago that this game was not going to materialise but they kept pouring money into it. Heck, I was looking through the penny arcade archives the other day and they were making jokes about that game 9 years ago.
UrbanMarine 15th May 2009, 16:00 Quote
Quote:
Originally Posted by Yemerich
I hope they get that. And i really think Take two was kind of "benevolent" believing in 3d realms. I think they DESERVE their money back.

Anyway, i hope some SERIOUS developer take over Duke.... As long as it's not Bethesda... Can you imagine? Oblivion with guns and Aliens?
It would be like hearing Duke saying:
"Your mommy is ugly" to an alien instead of "I am here to kick ass and chew bubble gum. And I am out of gum!"

Is it obvious that i hate Bethesda?

Yup!

If they don't use Jon St. John for Dukes voice, it's pointless to even make the game. His voice is unique to the industry and defines Duke. I'd rather Duke Nukem die off then become a casual lame cash cow like Fallout 3. It also has to have an epic DukeMatch (multiplayer). Do it right or not at all.
SMIFFYDUDE 15th May 2009, 16:06 Quote
The game playing public knew DNF was a running joke. 3D Realms probably knew it was nothing more than a joke. It started to look like a joke 11 long years ago. Take-Two must be the only people on earth who believed this game would be finished and released. They don't deserve a penny from 3D Realms. What they deserve is a slap for being so bloody stupid for investing anything in the game. IDIOTS!
perplekks45 15th May 2009, 17:04 Quote
Quote:
Originally Posted by UrbanMarine
/snip

Do it right or not at all.
QFT!
mikeuk2004 15th May 2009, 17:31 Quote
lol they got pawned :)

Did they really think DNF was a real investment?

3D Realms would have been laughed out of the Dragons Den. :)
UrbanMarine 15th May 2009, 17:57 Quote
3DRealms blew it. They were one of the leading companies in the FPS gaming industry and because of George Broussard they died. They should of released DNF on the HL engine (Most complete Duke Build) back in 01 and then started working on another Duke.
Faulk_Wulf 15th May 2009, 18:57 Quote
I remember Duke from N64. What was it... Zero Hour? That was a fun multiplayer game.
The_EXorcist 15th May 2009, 19:05 Quote
i think if Take-Two get hold of DNF they should make the build to at least HL2 standards, keep the overall DNF gameplay and release it, make one hell of an overdue game, but a game of most likely EPIC proportions, if they get it out and have at very most just half the success of CoDMW then it'll be enough to ensure that Duke lives on
HourBeforeDawn 15th May 2009, 19:53 Quote
so wait Take-Two goes from offering 30mil last week to buy the DNF franchise to now suing them?
NethLyn 16th May 2009, 08:33 Quote
Hang on, this is the Take Two that sent over some chief troubleshooter to Russia when STALKER was going south and (rumour has it) told him not to come home until the game was in some sort of shippable state?

Shame every section of the company didn't act as assertively as that one when it came to DNF. Ironically if T2 wins the suit a Duke game will have to emerge from SOMEBODY to cover the loss and the cost of the suit in the first place.
feathers 16th May 2009, 12:46 Quote
I thought DNF stood for Did Not FInish?

:)>
perplekks45 16th May 2009, 13:57 Quote
Quote:
Originally Posted by NethLyn
Ironically if T2 wins the suit a Duke game will have to emerge from SOMEBODY to cover the loss and the cost of the suit in the first place.
Please don't give them ideas! They might just hire a crap developer to quickly finish the console versions of DNF-Lite and we have to wait one more year for a crappy PC-port of a crappy DNF game. :(
lanester 16th May 2009, 14:06 Quote
Quote:
Originally Posted by feathers
I thought DNF stood for Did Not Finish?

:)>

Damn you beat me to it!
Saivert 16th May 2009, 18:35 Quote
Quote:
Originally Posted by The_EXorcist
i think if Take-Two get hold of DNF they should make the build to at least HL2 standards

that is an insult to Half-Life franchise and Valve Software. Duke Nukem 3D sure is a funny game but in no way can you compare it to the awesomeness that is Half-Life. And to even think Duke Nukem can eclipse HL2 is laughable if not a criminal offense.
Ryu_ookami 16th May 2009, 19:36 Quote
It turns out that the real reason DNF has taken so long is that the developers are being paid by the hour :)
knuck 16th May 2009, 20:34 Quote
Quote:
Originally Posted by Yemerich
I hope they get that. And i really think Take two was kind of "benevolent" believing in 3d realms. I think they DESERVE their money back.

Anyway, i hope some SERIOUS developer take over Duke.... As long as it's not Bethesda... Can you imagine? Oblivion with guns and Aliens?
It would be like hearing Duke saying:
"Your mommy is ugly" to an alien instead of "I am here to kick ass and chew bubble gum. And I am out of gum!"

Is it obvious that i hate Bethesda?

yes, you've mentioned it 20 times already. Which is still half of the occasions on which I mentioned how I hated Epic for ruining the UT series.

Oh , gotta add this one to the list
perplekks45 17th May 2009, 17:43 Quote
Quote:
Originally Posted by Saivert
that is an insult to Half-Life franchise and Valve Software. Duke Nukem 3D sure is a funny game but in no way can you compare it to the awesomeness that is Half-Life. And to even think Duke Nukem can eclipse HL2 is laughable if not a criminal offense.
Let me guess: You're not even 20, right?

The Duke was there before anyboy ever even thought about Freeman or HL. HL2 might be a wonderful game but it didn't do as much for the genre as DN3D, Quake[II], Doom[II] or Hexen[II].

They are the fathers of every single FPS out there! I don't say both HL games haven't been defining for the genre but without the above mentioned 4 franchises there wouldn't even be HL!

If you had been around in '97 playing a DukeMatch with your friends at private LAN parties, hearing the Duke swearing after every single kill in levels that just couldn't be beaten in terms of originality back then [remember, no HL, no CS, no BF] you'd definitely think different about it.

Sorry for the rant... I feel way too old now, though I'm just 25. :|
V3ctor 17th May 2009, 21:44 Quote
Quote:
Originally Posted by Cobalt
Take Two don't really deserve compensation at this point. It was clear about six years ago that this game was not going to materialise but they kept pouring money into it. Heck, I was looking through the penny arcade archives the other day and they were making jokes about that game 9 years ago.

If they kept pouring money in to it, it's because they saw something good out of the game... All I've been seing in the net, suggests that they were making something big... Just hope they get the game and finish it...
Chocobollz 18th May 2009, 19:29 Quote
Quote:
Originally Posted by perplekks45
Quote:
Originally Posted by Saivert
that is an insult to Half-Life franchise and Valve Software. Duke Nukem 3D sure is a funny game but in no way can you compare it to the awesomeness that is Half-Life. And to even think Duke Nukem can eclipse HL2 is laughable if not a criminal offense.
Let me guess: You're not even 20, right?

The Duke was there before anyboy ever even thought about Freeman or HL. HL2 might be a wonderful game but it didn't do as much for the genre as DN3D, Quake[II], Doom[II] or Hexen[II].

They are the fathers of every single FPS out there! I don't say both HL games haven't been defining for the genre but without the above mentioned 4 franchises there wouldn't even be HL!

If you had been around in '97 playing a DukeMatch with your friends at private LAN parties, hearing the Duke swearing after every single kill in levels that just couldn't be beaten in terms of originality back then [remember, no HL, no CS, no BF] you'd definitely think different about it.

Sorry for the rant... I feel way too old now, though I'm just 25. :|

I'm 26 years old but I've never heard about Duke Nukem, and actually I think the title is very silly. Duke Nukem... maybe they mean, Duke Nuke 'em? Nuke who? How the hell I know? :P

And around '97, the only 3D games I remember (and have played) is the Zero Tolerance (SEGA Genesis) and Descent series.
Chocobollz 18th May 2009, 19:33 Quote
Oh and I forgot about the memorable Twisted Metal and Road Rash series LOL! Damn, I miss those games.. :-)
Otto69 19th May 2009, 00:36 Quote
There should be some sort of racial history for geeks so that classics like Duke Nukem, or the movie Aliens, are not lost to history. I'm shocked and appalled that I have students who have not only never seen James Cameron's Aliens, but they don't understand that it's the basis for games like Space Hulk.
HourBeforeDawn 19th May 2009, 01:46 Quote
Quote:
Originally Posted by Otto69
There should be some sort of racial history for geeks so that classics like Duke Nukem, or the movie Aliens, are not lost to history. I'm shocked and appalled that I have students who have not only never seen James Cameron's Aliens, but they don't understand that it's the basis for games like Space Hulk.

Space Hulk? okay you lost me on that one???
perplekks45 19th May 2009, 02:59 Quote
People are way too focused on today anyways, the old times weren't golden or better, but at least good... sometimes. ;)
But Space Hulk doesn't have much with Alien in common other than the space setting.
Ryu_ookami 19th May 2009, 03:33 Quote
Quote:
Originally Posted by perplekks45
Space Hulk doesn't have much with Alien in common other than the space setting.

Are you serious?

The genestealers even look like the aliens from Aliens plus aliens on a deserted space ship thats both pure aliens and the whole idea behind space hulk.

Thats without the space marines in space hulk and the marines in aliens both having the word marine in their name's and also both both sets of marines being armed with BFG's (look it up if you dont know what it means :D )

Aliens is Space Hulk, Space Hulk is Aliens...now if they would only do the same sort of thing for bloodbowl and dungeon bowl.

I'd love to see a film where goblins are playing an american style of football on a pogo stick whilst throwing bombs at the opposing players and the dwarf death roller would be so cool to see in a movie.
perplekks45 19th May 2009, 11:07 Quote
Quote:
Originally Posted by Ryu_ookami

Thats without the space marines in space hulk and the marines in aliens both having the word marine in their name's and also both both sets of marines being armed with BFG's (look it up if you dont know what it means :D )
Are you making fun of me?! Do you really think I don't know what a BFG is?

I could play QuakeII's first level blind on the hardest setting without dying. I arrived at the last boss with roughly 15 minutes of quad damage and 5 of invincibility.

Do you really think I don't know what BFG means? Really? :D

And for the "both marines have marines in their name"... eeeehhhh, okay. Now that convinced me. :p

So, what you're saying after all is that Space Hulk is an Alien rip-off? I can live with that. But there are lots of them, some even with marines who have marines in their name.
UrbanMarine 19th May 2009, 13:38 Quote
@Ryu_ookami: They are remaking Blood Bowl http://en.wikipedia.org/wiki/Blood_Bowl_(2009_video_game)
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