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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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71.

Re: Take-Two Suing 3D Realms

May 15, 2009, 20:59

Ruffiana

Thats not what happened. 3DR did in fact fund DNF 100% by themselves. In addition to royalties and sales of their pre-existing properties, they also got money from the other titles they've released during that time, as well as from the sale of some IP to T2 by the now defunct (Mike Wilson's first of two such companies) God Games. Reading some of the finer points of the original article and the dates, I suddenly remembered something that kind of corroborates this while thing. Back around 2001-2002 I was in Dallas and found myself out of work. After a couple of months of hunting I eventually found a gig out of state and verbally accepted the position. The next day someone from 3DR found my website/portfolio and contacted me about coming in for an interview. Since I hadn't actually signed any paperwork, and was still living in Dallas, I decided it wouldn't hurt to just go over and chat with them. During the interview someone (I believe it was George) mentioned how they were self-funding the development of DNF but they had taken a small amount of money from someone (forgot who) as a publishing agreement. I could be wrong about the whys and wherefores there, but I was definitely told by someone at 3DR that someone else had given them a some money for publishing rights. That was almost 8 years ago. When I interviewed, their goal was to have the game finished up by that summer or within 6 months at the latest. I ended up passing on the job. They weren't offering a lot in terms of salary. It was supposed to be offset by the impending royalties (obviously that wouldn't have worked out so great). I did get to ride in George's purple Lambo though. And there were promises of a PS2 or nice chair for Christmas. Interestingly, one of the fellows I worked with at the company I did take the job with apparently ended up at 3DR later on. I saw his picture in that group photo of the team the other day. Small World.

Subject

Comment [quote="Ruffiana"May 15, 2009, 20:59]q[Thats not what happened. 3DR did in fact fund DNF 100% by themselves. In addition to royalties and sales of their pre-existing properties, they also got money from the other titles they've released during that time, as well as from the sale of some IP to T2 by the now defunct (Mike Wilson's first of two such companies) God Games.]q Reading some of the finer points of the original article and the dates, I suddenly remembered something that kind of corroborates this while thing. Back around 2001-2002 I was in Dallas and found myself out of work. After a couple of months of hunting I eventually found a gig out of state and verbally accepted the position. The next day someone from 3DR found my website/portfolio and contacted me about coming in for an interview. Since I hadn't actually signed any paperwork, and was still living in Dallas, I decided it wouldn't hurt to just go over and chat with them. During the interview someone (I believe it was George) mentioned how they were self-funding the development of DNF but they had taken a small amount of money from someone (forgot who) as a publishing agreement. I could be wrong about the whys and wherefores there, but I was definitely told by someone at 3DR that someone else had given them a some money for publishing rights. That was almost 8 years ago. When I interviewed, their goal was to have the game finished up by that summer or within 6 months at the latest. I ended up passing on the job. They weren't offering a lot in terms of salary. It was supposed to be offset by the impending royalties (obviously that wouldn't have worked out so great). I did get to ride in George's purple Lambo though. And there were promises of a PS2 or nice chair for Christmas. Interestingly, one of the fellows I worked with at the company I did take the job with apparently ended up at 3DR later on. I saw his picture in that group photo of the team the other day. Small World. [/quote]

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