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Take-Two Suing 3D Realms

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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80 Replies. 4 pages. Viewing page 2.
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60. Re: Take-Two Suing 3D Realms May 15, 2009, 14:05 Mr. Tact
 
Thanks for the link, I guess I could have goggled it. Anyway, that's pretty amazing -- either George B. is as crazy as so many think, or he actually knows something we don't. It will be interesting to see where this goes from here...  
Truth is brutal. Prepare for pain.
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59. Re: Take-Two Suing 3D Realms May 15, 2009, 14:03 xXBatmanXx
 

They did not scam anyone, as they funded the project themselves.

Wrong.

Riiiiiiight. Are you aware of what 20+ developers, salary + bennies, plus hardware, plus software, plus blow, plus hookers, plus leasing a space is for 12 years? They didn't fund themselves.

The fact that TT allowed the development to drag out the way it did is questionable, but the real onus will always be on 3D Realms. TT does have the responsibility of ensuring quality control.
If the game isn't advancing because it's constantly (more than once) recreating itself (not just content, but it's entirety) then alarm bells should start ringing.

Well anyhow, I still say someone should go get a copy of DNF for the internet.

Agreed. Wasn't there a video in the last year, some newzie was at their studio and saw "a pretty good version" of what the game was? And they all sat around the table and talked about the game? Someone have a link to our thread on that action?

This comment was edited on May 15, 2009, 14:04.
 
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In this present crisis, government is not the solution to our problem; government is the problem. / Few men have virtue enough to withstand the highest bidder.
Playing: New dad
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58. Re: Take-Two Suing 3D Realms May 15, 2009, 14:02 Tanto Edge
 
Well the silver lining herein is this:
We now know indecisively, that 3D Realms ain't doing this as a publicity stunt.
Getting sued doesn't usually come up in the marketing meetings as a viable benefit. Still, I'm sure the conspiracy nuts will run with it all the same ('gotta be convincing,' etc, etc).

Personally, I think TT should throw a coin, take the assets from the studio, and punish the management team from 3D Realms (some sort of embarrassing community service would suffice, in my opinion).

The fact that TT allowed the development to drag out the way it did is questionable, but the real onus will always be on 3D Realms. TT does have the responsibility of ensuring quality control.
If the game isn't advancing because it's constantly (more than once) recreating itself (not just content, but it's entirety) then alarm bells should start ringing.

Well anyhow, I still say someone should go get a copy of DNF for the internet.

Edit:
I'm not interested in seeing Broussard ride away from any commitment on his greasy fat keester and a great personality. We want a game, and he wants to play WoW. Fine, last I checked, John St. John's bank accepts cheques from any company with the money, hence Duke can stay with Take Two, and Broussard can go to hell.
If Take Two can manage to get GTA 4 out the door with Rockstar at the helm in under four years then someone please pray tell how Duke Nukem could take three times as long with potentially half the content (realistically I don't see a shooter having nearly even half the content)?

Broussard is done. Prey was great, it was supposed to be out around the time Quake was released (Prey originally began development in 1995, Quake was released in 1996), in the end, Human Head had to finish it and Prey saw a 2006 release. What the fuck?
Personally, I don't mind seeing this one burn, I've always enjoyed the smell of melting fat.

This comment was edited on May 15, 2009, 14:13.
 
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http://www.youtube.com/watch?v=705LEH3j2g0&t=0m24s
http://www.youtube.com/user/tantoedge
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56. Re: Take-Two Suing 3D Realms May 15, 2009, 13:57 xXBatmanXx
 
hah! Bilked. DIDN"T SEE THAT ONE COMING! heh.  
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In this present crisis, government is not the solution to our problem; government is the problem. / Few men have virtue enough to withstand the highest bidder.
Playing: New dad
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55. Re: Take-Two Suing 3D Realms May 15, 2009, 13:54 Mr. Tact
 
Anyone have a link to that supposed $30 million offer?

I assumed LittleMe was either being sarcastic or trolling.
 
Truth is brutal. Prepare for pain.
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54. Speculation: Here's what's happening... May 15, 2009, 13:51 That Guy
 
The unspecified 2007 agreement between Take Two and 3DR was funding for the continued development of DNF with specific deliverable dates. Sometime in 2008 GB flew to Take Two to show them the status of the game and possibly to get more money and time. (unsure of my dates as I can't find his post. Please correct me if my info is wrong) They said no. George comes back, still thinking they can finish the game. Then in mid-2009, it becomes clear to George (and perhaps to all of 3DR) that the game is not going to make it. He can't go back to Take Two, he can't deliver a game, and he can't offer it to another publisher, as Take Two owns those rights. He can shut down the company, hope that Take Two just considers the money a write off and doesn't consider suing a dead company. Then he can shop for a new publisher and new money. That would explain GB's silence.

What do you think?

This comment was edited on May 15, 2009, 13:54.
 
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53. Re: Take-Two Suing 3D Realms May 15, 2009, 13:50 Sleeeeepy
 
3d realms ate my dog, true story  
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52. Re: Take-Two Suing 3D Realms May 15, 2009, 13:39 StrickNine
 
Attention: 3D Realms doesn't owe any of you anything.

They did not scam anyone, as they funded the project themselves.

 
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51. Re: Take-Two Suing 3D Realms May 15, 2009, 13:39 Kxmode
 
Talking about kicking the dog while it's down, and dead.  
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50. Re: Take-Two Suing 3D Realms May 15, 2009, 13:26 Jackplug
 
I dont give a shit who sues who i want a shooter!!  
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49. Re: Take-Two Suing 3D Realms May 15, 2009, 13:18 Quicksilver
 
Obvious troll is obvious  
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48. Re: Take-Two Suing 3D Realms May 15, 2009, 13:09 RollinThundr
 
Take2 has every right to sue. They bought the rights for $12m from Infogrammes (who got it from GTi) because they believed in good faith that the game would be developed.

They have a very strong case based on merit alone. What they get out of it, is a whole other story. But it seems to me that at the very least, they're at least entitled to the game assets from the failed project.

At least this suit won't take as long as the DNF dev time. If 3DR don't respond, they're going to lose.

Wow it had been so long I had totally forgotten that Duke3d was initially a GTI published game way way back in the day. Prolly the smartest publishing contract Infograms ever sold off even way back then. I wonder if they knew 12 years ago that 3DR was just dicking them around and that DNF would never see the light of day.
 
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47. Re: Take-Two Suing 3D Realms May 15, 2009, 12:15 GT
 
Derek,

When you sued Dreamcatcher over Universal Combat, you did so in Canada. Why there? Was it specified in the publishing agreement that disputes were subject to Dreamcatcher's jurisdiction and not your company's?

This comment was edited on May 15, 2009, 12:16.
 
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46. Re: Take-Two Suing 3D Realms May 15, 2009, 11:59 Agent.X7
 
Hey, I got this great lot for a steal in central Florida that I'm willing to sell for just 1.2 billion. You seem like just the kind of sucker investor I'm looking for!
You apparently missed the sarcasm of "Duke Nukem Foreverer.

Yes, yes I did. In my defense, I did just have some surgery on my cranium, so...yeah. And painkillers. Yeah.

What was the question?
 
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45. Re: Take-Two Suing 3D Realms May 15, 2009, 11:58 /FÂ\ SLI
 
Look. Take Two offered George $30 Million for the Duke I.P. a month ago ...and he turned it down. Obviously he thinks he can get more shopping it around. (the I.P. remember, Take Two has the publishing rights to DNF erm...FOREVER (no pun intended)

Dont know if he figured they would sue (now) for 12 million or not. Bottom line is there is a REASON he said no to 30 million dollars. Duke will see the light of day..somewhere, somehow.
 
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44. Re: Take-Two Suing 3D Realms May 15, 2009, 11:54  dsmart 
 
Take2 has every right to sue. They bought the rights for $12m from Infogrammes (who got it from GTi) because they believed in good faith that the game would be developed.

They have a very strong case based on merit alone. What they get out of it, is a whole other story. But it seems to me that at the very least, they're at least entitled to the game assets from the failed project.

At least this suit won't take as long as the DNF dev time. If 3DR don't respond, they're going to lose.

This comment was edited on May 15, 2009, 11:54.
 
Avatar 9141
 
Game developers are just human beings who happen to make games for a living. If you want to hold us up to higher standards of conduct, then go ahead
...but don't be surprised if we don't uphold them
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43. Re: Take-Two Suing 3D Realms May 15, 2009, 11:52 TheVoiceOfTruth
 
I'm more surprised by the venue than the lawsuit. New York state court? Not a federal court or a Texas state court in Apogee's jurisdiction?

Once the name of the judge is released, all will become clear my child.

It says Take Two is based in New York. Seems reasonable that New Yorkers would look out for each other over the interests of Texans.

 
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42. Re: Take-Two Suing 3D Realms May 15, 2009, 11:51  dsmart 
 
@ Littleme

That's BS. Games take time to make and develop and 3D Realms took no longer than was expected. They stopped developing the game long before 'forever' was over. Take-Two is being completely unreasonable and should fund another 12 million for the sequel titled "Duke Nukem Foreverer."

Take-Two sucks! They should learn some patience. The game was not yet (but almost) done and for good reason. This was going to be a great game, it just needed to cook for a while longer but no, they pulled out at the very last minute just when a few more days of coding was needed.

Who gets to slap him first? Can I go first?
 
Avatar 9141
 
Game developers are just human beings who happen to make games for a living. If you want to hold us up to higher standards of conduct, then go ahead
...but don't be surprised if we don't uphold them
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41. Re: Take-Two Suing 3D Realms May 15, 2009, 11:49 Donkey_Punch
 
This was going to be a great game, it just needed to cook for a while longer but no, they pulled out at the very last minute just when a few more days of coding was needed.

Yup, I agree. Another couple of million and they would have been done. Well, maybe not done done. Done the first milestone for sure. They would have the best concept art in the business.
 
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