Take-Two sues 3D Realms over Duke Nukem Forever

By on May 15, 2009, 9:05 AM
As you’ve undoubtedly heard at this point, last week 3D Realms, the creator of Duke Nukem officially closed up shop. In doing so, they’ve indefinitely halted the production of the much anticipated Duke Nukem Forever, which had been in the workshop for 12 years when the studio shut its doors. As a result of this, Take-Two Interactive, who actively holds the publishing rights to the game, has filed suit against 3D Realms.

According to Take-Two, by failing to deliver a finalized title, the developers effectively “breached an agreement to design the latest installment of Duke Nukem.” They continued their complaint to a New York State court, that Apogee Software, Ltd. (3D Realms’ legal name), repeatedly postponed the finish date for Duke Nukem Forever despite constantly reassuring Take-Two and fans it was diligently working toward completion.


Take-Two has openly stated that their relationship with the developer was strictly that of a publisher, and there was no ongoing funding. However, they did shell out $12 million nearly a decade ago for the exclusive rights to publish a finished Duke title. That said, some seem to think that as a publisher, their funds were simply an investment risk that didn't pan out. Is that so? It's hard to say whether or not they have a strong case as the details of their second agreement with 3D Realms in 2007 have yet to be made public.

The entire gaming community is up in arms over the studio’s closing, and the recently leaked concept art and video footage is just fueling the fire. Even with the cited “lack of funding,” given the near-finished state of Duke Nukem Forever, wouldn’t it be in everyone’s best interest if 3D Realms polished the game and compensated employees after the title’s inevitable success?




User Comments: 3

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howzz1854 said:
as much as i would've love the game to come out in my life time. having the publishing rights doesn't guarantee you a return on investment. This is gonna be a tough sale in the court. unless take-two actively contributed to the project as a financier, they have very little right or say in this. talk about BS!
Per Hansson said:
The 12 million dollars where AFAIK paid to the previous publisher, and none of it found it's way to 3DRealmsBroussard has stated that the game was 99.9% internally funded by 3DRealms (Apogee Software LTD)[url]http://www.gamespot.com/pc/action/dukenukemforever/
ews.html?sid=6152687[/url]"Our deal is simple," he said. "We're making the game. It'll be done when it's done. We've funded 99.999% of the game (aside from a very, very small advance from GT Interactive, years ago, before Take 2 bought the game from them)"EDIT; and here is a much more recent quote confirming what I posted above (actually 3DR's first public response on this matter from the owners of Apogee Software LTD)"No. We didn't get a penny of that money," said Miller. "This, along with so much else, is 100% spin, being eaten up by those who have no clue whatsoever." http://www.shacknews.com/onearticle.x/58651[Edited by Per Hansson on 2009-05-16 08:50:36]
Matthew said:
Err, yes, that is what is said in the article linked (to Shacknews) as well as here, although a bit more loosely:TechSpot: Take-Two has openly stated that their relationship with the developer was strictly that of a publisher, and there was no ongoing funding. However, they did shell out $12 million nearly a decade ago for the exclusive rights to publish a finished Duke title. That said, some seem to think that as a publisher, their funds were simply an investment risk that didn't pan out. Is that so? It's hard to say whether or not they have a strong case as the details of their second agreement with 3D Realms in 2007 have yet to be made public. Shacknews: Take-Two paid $12 million to former DNF publisher Infogrames for the exclusive publishing rights to the game in 2000. According to the publisher, a second unspecified agreement was struck between Take-Two and 3D Realms in 2007.Point being, that Take-Two paid $12 million to publish the title and they're pissed because it wasn't finished. I'm not quite sure they care whether or not any of the funds managed to touch 3D Realms' hands. They paid. They're out money (as of now). They're unhappy.
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