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Take-Two Suing 3D Realms

[May 15, 2009, 09:00 am ET] - Share - Viewing Comments

Bloomberg.com reports that Take-Two Interactive is suing 3D Realms and Apogee over the 3D Realms' closure and the whole Duke Nukem Forever in limbo situation ((thanks GamesIndustry.biz). Word is:

Take-Two Sues Apogee Over ‘Duke Nukem’ Game Sequel

Take-Two Interactive Software Inc., the maker of the “Grand Theft Auto” video games, sued Apogee Software Ltd.’s 3D Realms over the failed development of a sequel to the “Duke Nukem” game called “Duke Nukem Forever.”

Take-Two, owner of the publishing rights to the game, said Apogee breached an agreement to design the latest installment of Duke Nukem, a game in which the player “shoots” enemies. The new version has been under development since 1997, the company said yesterday in a complaint in a state court in Manhattan.

3D Realms, which was based in Garland, Texas, never produced the game and instead closed its studio on May 6, terminated development of the game and fired employees who had been involved in the Duke Nukem project, Take-Two said.

“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.”

Take-Two said in 2000 it had an agreement with Apogee and paid $12 million for publishing rights to the forthcoming game. In 2007, the two companies entered into a second agreement.

The case is Take-Two Interactive Software, Inc. v. Apogee Software Ltd. 601457/2009, New York State Supreme Court, New York County (Manhattan).

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70.

Re: Take-Two Suing 3D Realms

May 15, 2009, 20:08

I sued them there - twice - because that was the venue in the contract. Plus they're a foreign company. That's what I figured, but thanks for the verification. New York State has some stringent rules about lawsuits and Take2 (who's lawyers am sure are not asleep on the job) would not have sued there if they didn't have venue disposition. Well usually the plaintiff has to go to the defendant's home turf for these types of suits since the court has to have jurisdiction over the defendant. And, since 3D Realms doesn't have a presence in New York from what I can tell and given the age of the original publishing agreement and the fact that it changed hands, I can't imagine that the agreement specified the venue for dispute as the state of New York. That's why I was surprised that the case was filed there. However, I have since read that 3D Realms and Take 2 had a new or revised publishing agreement from 2007 so that one could have specified New York as the venue. On the other hand it might not, and Take 2 could just be hoping for a default judgment. Worst case scenario is the suit gets tossed and Take 2 gets nothing which is exactly what it has right now. So, it's worth the gamble since it costs relatively nothing for Take 2 to file the suit. So now its up to 3DR to respond (they have to or they face a default judgement in favor of T2) to the lawsuit by using a lawyer that is licensed to practice law in New York State What I found pretty surprising about Take 2's lawyers for this case is that one of the two isn't even licensed in New York to practice law and is working pro hac vice. So, 3D Realms might have its Texas counsel do the same. I doubt George has enough money left to hire another lawyer especially for protracted litigation. This comment was edited on May 15, 2009, 20:23.

Subject

Comment [quote="GT"May 15, 2009, 20:08]q[I sued them there - twice - because that was the venue in the contract. Plus they're a foreign company.]q That's what I figured, but thanks for the verification. q[New York State has some stringent rules about lawsuits and Take2 (who's lawyers am sure are not asleep on the job) would not have sued there if they didn't have venue disposition.]q Well usually the plaintiff has to go to the defendant's home turf for these types of suits since the court has to have jurisdiction over the defendant. And, since 3D Realms doesn't have a presence in New York from what I can tell and given the age of the original publishing agreement and the fact that it changed hands, I can't imagine that the agreement specified the venue for dispute as the state of New York. That's why I was surprised that the case was filed there. However, I have since read that 3D Realms and Take 2 had a new or revised publishing agreement from 2007 so that one could have specified New York as the venue. On the other hand it might not, and Take 2 could just be hoping for a default judgment. Worst case scenario is the suit gets tossed and Take 2 gets nothing which is exactly what it has right now. So, it's worth the gamble since it costs relatively nothing for Take 2 to file the suit. q[So now its up to 3DR to respond (they have to or they face a default judgement in favor of T2) to the lawsuit by using a lawyer that is licensed to practice law in New York State]q What I found pretty surprising about Take 2's lawyers for this case is that one of the two isn't even licensed in New York to practice law and is working pro hac vice. So, 3D Realms might have its Texas counsel do the same. I doubt George has enough money left to hire another lawyer especially for protracted litigation. [/quote]

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