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Take-Two sues Duke Nukem Forever dev

Publisher takes 3D Realms to court over failure to deliver PC edition of 12-years-in-the-making shooter.

454 Comments

Conspiracy theorists maintain that 3D Realms' closure last week was all part of some grand scheme to unveil a finished Duke Nukem Forever at this year's Electronic Entertainment Expo. If that is the case, it would appear Duke Nukem Forever's publisher has been caught up in the ruse, as Take-Two has filed suit against 3D Realms over the PC shooter.

Take-Two would prefer that you not see this.
Take-Two would prefer that you not see this.

According to the suit, 3D Realms--incorporated as Apogee Software Ltd.--failed to deliver on its contract to produce the game, instead shutting the project and the studio down on May 6. The suit also states that Take-Two paid 3D Realms $12 million in 2000 for publishing rights to the shooter, with a second, unspecified contract agreed upon in 2007. Development on Duke Nukem Forever began in 1997, the suit states.

"Apogee continually delayed the completion date for the Duke Nukem Forever," Take-Two said in the complaint, according to a Bloomberg report. "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 is also seeking to prevent 3D Realms from revealing any source code and assets related to the project. Many of those assets have already been leaked onto the Internet, however, as a number of former 3D Realms employees uploaded concept art and demo reels to their personal blogs and online portfolios following the studio's closure. That content has since been removed from its original sources, but not before seeing mass proliferation across a variety of Web sites and message boards.

Take-Two declined to offer additional comment on the pending litigation.

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Avatar image for Aizou
Aizou

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Eh, if you ask me Duke Nuke'em died as soon as it left the 2D platform genre. But still, what kind of game studio can take 12 years and still not make a game? After that long if you don't have the most incredible piece of awesomeness that shines pure happiness and prosperity from the tv chances are you're going to have nothing or a piece of junk.

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bennae66

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hell of a long time to not make a game in

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Justinian103

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What the hell were 3D Realms doing for 12 years, what a joke of a company. I mean really what were they doing?!

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chappy_man

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what a hella long time to take for a game

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dzimm

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Who can blame Take 2? If anything they're sticking up for the fans after 3D Realms gave us all the shaft after screwing around for 12+ years.

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DoctorBedlam

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It's a fun franchise, but nothing I've been waiting years for. And frankly I could care less if I never see it again. (This comment will probably get a thumbs down.) :)

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TWiSTEDmerc

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Please don't make this lawsuit last, "Forever."

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pop_yoo

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In the time it took for duke nukem forever to be announced and until it died every MMORPG game and expansion were released with the exception of Meridian 59.

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Miroku32

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I hope that take two can get the rights for even start Duke Nukem Forever because I doubt there is anything.

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Semaphore313

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Duke Nukem Forever refuses to die quietly...

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Patatopan

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It took 6 years to make stalker and that finnaly came out and was awesome, too bad duke couldn't be in this case.

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gbrading

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If the story could get any more bizarre, it just has. Surely Take-Two had figured by somewhere around late 2002 that the chances of Duke Nukem Forever ever being released were increasingly slim? That game had afterall already been in development for almost four years. And I think by, say, 2006, everyone had cottoned on that it was never going to be released. Even more weird, what is the point of suing a bankrupt company? It's not like any money is going to be recovered. Take-Two should have pulled the plug years ago.

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ol_dj

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3d realms practicing stripper economics on this one. take the money and run.

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SciFiCat

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This game should have been out 7-8 years ago, forget it, if a game is not finished within 4 years, it loses its chance. Take-Two is going to win the lawsuit, but I don't think it will recover the money invested. Damn it 3D Realms, where the hell did they find the time to finish Prey instead of completing Duke Nukem?

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zamardii12

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You kno wwhat they need to do? Just release a box set of everything that's ever been created for Duke Nukem Forever even if it's not completed. I saw the preview for the game back in 2000 or 2001 or whenever... they need to release that, they need to release the one with the Doom 3 engine, and the newest one... and just sell it under Take-Two's name and called "Duke Nukem Forever (We told you...)" Unfinished Edition

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deactivated-5ff74b2f802e3

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I totally agreee with Mordechai28. Tom Magrino, my friend...what are you waiting for to dig a little more deeper into this?

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pfunkmusik

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Seriously, how long does it take to make a game?

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MorphMurph

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here's Ars Technica review from 3 yrs ago. << LINK REMOVED >> According the the paragraph before the System Requirements, DNF was being written "as an Ajax application written using the Ruby on Rails framework". That would mean it could run in "Any web browser, on any platform... well almost."

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gpvs

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I am wondering, from a business perspective, what have Take-Two being doing, how do you apparently invest Millions and then sit back for 12 years, hoping and praying that you will receive dividends on your investment. Personally I feel Take2 needs to clean house, as they are ultimately responsible for the whole mess due to the fact that they did not manage their investment, no sane person will wait for 12 years before realising something went awfully wrong somewhere.

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Darth_Ultima

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In the lawsuit Take-Two should ask for the games source code and all the other assets and finish it themselves. Although if DNF was ever put out I guarantee it would cause a controversy because of the topless strippers.

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UnknownPerson55

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they want to prevent source code from getting out...at this point, i dont believe they ever wrote any.

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Nexeus

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AHAHAHAHAHAHAHAHAHAHA... sorry what I meant to say was AHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAH. Hilarious

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shahroz47

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@godzillavskong, love it. They really should change it to that so atleast it'll give you a laugh even if it sucks

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godzillavskong

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@shahroz47, good one! What about Duke Tuk 'em Forever?! Anyways, funny comment.

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Genocide6sic6

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I was still in high school when this was announced. Now, I'm 30 y/o.

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sub-raid

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This game is never gonna be released, my kids are gonna say the same someday lol

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DEATH775

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SERVES THEM RIGHT.

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vengeance00

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they deserve to be sued. they did nothing but concept for 12 years, they should of seen this coming.

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Scientist8

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I think they made some sweet concept art pictures way back in 1997 then all decided to take a vacation and pretend to work on it from there on out.

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Yick04

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They're just mad because they don't remember how to make a good baseball game.

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k_bingham

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George Broussard often joked about the 'prostitutes and gambling', but he also said there had been a lot of 'WoW' when asked what was taking so long. Somewhere in there is the truth. They basically blew the money. Maybe he played WoW all day or something. You give a group of people 12 million and let them blow it,they can just live off of that obviously for several years (including their other projects, some of which might have made some money). I'm glad they're getting sued. They ripped Take Two off of 12 million that could have been directed toward a programming team that could have produced something, instead it was wasted on hookers and gambling.

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Reuwsaat

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lol since 1997... i was 4...

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Reuwsaat

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if a game, that took 12 years to launch, sucks, then i'm the one who's going to sue someone!

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sakin123456

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this game's gone to hell

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Warlord_Irochi

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What where they waiting for... Xmass? :P

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tunaface

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LMFAO at Lordelx!!!!

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LordelX

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I think they should make a game based on the development of Duke Nukem Forever. That would be interesting.

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Zloth2

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"I think the story behind the development of Duke Nukem Forever will be more interesting then the game it self. Someone should do a documentary on this subject." There won't be any chance of that happening until the lawsuits wrap up. Even after, there could be agreements in the lawsuits to keep silent about what happened. So did Apogee/3D Realms just take the $12 million and play foosball at work for 7 years? Or did they honestly try to make the game right and screw it up so bad they couldn't release it? Or did the money get diverted to some other game which then flopped? Or what? It's going to be a long time before we find out for sure. I wonder if any of the game industry press has the investigative reporting skills to find out?

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plark2

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sad, they need money

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tsb247

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3D Realms really shot themselves in the foot here. Take Two will probably win the suit, but it's really a shame that we don't get a Duke Nukem game out of all of this.

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andrew_ribbons

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12 years is about a eighth of a lifetime, how can they possibly have needed THAT LONG to develop this game?

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shahroz47

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If they release it, they should change its name to Duke Nukem Took Forever

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Sideras

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I hope those incompetent bastards don't get to work on a game ever again. Sue them to hell!

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Fat_Boy_PT

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This game will never happen. Ridiculous!

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Chickenesta

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Good, hope they win the suit, 12 years developing a game is not professional and is borderline fraud if you ask me.

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Cloud737

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@ omnifas No, Take-Two doesn't have the IP rights to be able to finally make the game, they just have the publishing rights (as in if someone wants to make DNF, they'll have to go through T2). Also, Take-Two didn't give any funds whatsoever to 3D Realms. T2 actually bought the company that bought the company that bought the company that had publishing rights to DNF. 3D Realms didn't receive any penny from them. In this regard, Take-Two had absolutely no power over 3D Realms. They couldn't put any pressure whatsoever on them because they had nothing to grab them by. As I understand, though, 3D Realms tried to make a last attempt at convincing Take-Two to fund them, probably in exchange of the IP rights (though I don't believe that, since 3DR made more than 60% of the game, meaning, at least, that most of the IP should belong to them, at least, and I think they didn't want to give up on any of it) so they can finish the game At that, I give a bad eye to Take-Two for letting 3D Realms die, but now is like totally surprised this happened and angry at 3DR because it died (even if it's at their own fault) and tries to sue the IP rights out of 3D Realms and their assets so they can get their money back. My level of indignation towards this is through the roof. Anyway, as strange as this might sound, I actually hope Take-Two gets the IP rights for DNF, cause it's the only change we have to see DNF and further sequels.

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kweeni

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more than a decade have passed and still the game isn't out, man this is just ridiculous would be funny if after all these years the game turned out in a flop (that is if it will ever come come out lol). not that i want it to flop though

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Deugar

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Hmmmm I guess now the game will truly be "forever"....

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Mordechai28

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I think the story behind the development of Duke Nukem Forever will be more interesting then the game it self. Someone should do a documentary on this subject.

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omnifas

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13 years and 3 engines later...clearly this was an issue of we want to make a great game on the Q2 engine!(1997), 2 years later(1999) Q2 engine is old news, move onto Unreal Engine 1, 4 years later(2003/2004), Unreal Engine is far out of date by then...Switch again to from what the screenshots looks like, Quake 4's engine id tech 4 I think. To me it looks like a "I want to make a great game" gone bad because of engines going out of date and the constant having to start over. Take-two is also to be blamed because they didn't check their progress well, or manage their funding well. Take two NEEDED to put a little pressure on 3d-realms. With taketwo owning the IP you might actually see Duke soon because you know they want to rush it out.

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