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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 Sins-of-Mosin
Sins-of-Mosin

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Can't wait for this whole mess to be washed away and never heard from again.

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ratm247

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hmmm. they should just apply for a few trillion of federal bail out money, thats the cool thing to do right now. "duke nukem is too big to fail..."

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_el_Greco_

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This is one awesome publicity stunt. It's got court papers and everything! (am I only kidding?... I don't even know... please don't flame me! lol)

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whodagoose

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Lord, this is how I expected things to end for 3D Realms six years ago. 3DR has been running a scam on its investors for over a decade. T2-"Hey, you guys got anything done for Duke Dukem Forever?" 3DR-"Uh...yeah. We got this pig cop done." T2-"Thats the pig cop you showed us LAST YEAR!!!?!?!" 3DR-"No, uh...this is a NEWWWwwwww pig cop...its got a yellow shirt. That means its an 'elite' pig cop." T2-"Oh...then we'll see you next year." I hope Take-Two gets every cent they can squeeze from 3DR and own the IP. THEN we might see Duke again. Good riddance to 3D Realms and all of its inexcusable lazy employees.

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RavageGT

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Captain, I detect much fail in this sector

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chrisda

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@ Deluhathol same, here, i just want to play the game, but i would have liked it to have been made by 3d. I just fear that some developer is going to take it and completely steer it off course.

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Merl57

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That SUCKS for the employees who now have nothing to show on their demo reels for jobs, and if 2k invested all that money into the game I don't blame them either

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himalaya

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OnionTree, I totally agree with you. Everyone at 3D Realms must of been like the one guy in Office Space, eating cheetos and playing video games all day. Take-Two: How's the project going? 3dRealms: Good...good. Just put this weeks wad of money on top of the funyuns Take-Two: Uhmm... Its been a decade, can I see beta or something? 3dRealms: No B!@#$, Get the f' out my cube before light my Cuban on your ass!

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SirCroft

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It's now fact, Take-Two is the dumbest publisher ever, seriously if after 6 years the game isn't ready there's something fishy going on.

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mop88

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I love every detail regarding this game and its failure. Things are really getting juicy now!

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WarGrad

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3dRealms said in an interview they were nearly done with the project when they closed up shop. How hard would it have been to throw a fund raiser to collect enough funds to finish the game? They were more than likely to have it out this year. Based on how much was left. There were just polishing up the game, removing bugs and tweaking. How about we find out how much it would cost to finish and give them a check? Or maybe the government could give them a bailout?

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MrNib

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Take-Two dosent appreciate perfection.

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CloudXentar

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Duke Nukem (It takes) Forever development is the most funniest thing in gaming history to me.

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DarkNeoBahamut

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looks what economy does !!! they think this is a good way to get easy money???

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OnionTree

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Working for 3D Realms would've been awesome. Plastered all the time, being paid to sit around pretending to code, and coming in wearing nothing but your underwear was the mandatory dress code. I mean, they made Duke Nukem ****ing 3D, the game is a damn legend, and yet to say we haven't seen much from them is an understatement. Wondering how they stayed in business so long is an enigma that has puzzled me for nearly a decade now. There were some Duke Nukem 3D expansions, several ports (most notably the Saturn port, and the very recent XBLA version), Duke Nukem Advance and even some PlayStation games (they weren't that great.), sure, but besides all that, to say that 3D Realms has been on the map AT ALL would be a severe understatement. Hopefully we'll see Duke Nukem Forever one day, but I think we'll see Mega Man Anniversary Collection for the GBA before that. >_>

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Durhamster

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lol I find this whole thing hilarious

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kenshingumi2007

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well this sucks

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Darkon_X

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+1 to Deluhathol

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Deluhathol

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@Generic Dude Agreed, I have no wish to see an end to the franchise, just 3D Realms' involvement with it.

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Generic_Dude

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@Deluhathol: I couldn't agree more. Regardless, I hope that the franchise doesn't die with 3D Realms.

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NardBasket

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As a gamer, i just want to play the game. This sucks

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Deluhathol

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@Chrisda I hate to say it, but progress doesn't cut it. Especially when you run out of money. If you aren't competent enough to run a business without going bankrupt and fail to deliver on any of your promises, then you deserve to be shut down and sued. As others have already pointed out, other, more competent, companies have gotten an ENORMOUS amount of work done in the time that it took 3D Realms to come up with absolutely nothing. 3D Realms were either lazy, or inept. Take your pick, either way, they seem to be getting what they deserve, now.

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ratm247

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if 3d realms gets away with this i have an ip take two can pay me 12 million for...

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VengfulOne

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One of the pioneers of the FPS is dead. Must you kick them when they are down? They did fail epically though.

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squidracerX

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Why sue you ask? Well Take Two wants the Duke IP, they offered to buy it before and 3D realms declined, now they don't have the money for the lawsuit so they may have to fork over the IP. i would like to add that Guns and Roses "Chinese Democracy" took just as long to make, and cost as much too, and it was only like 12 songs not a whole game! And that came out (wish it hadn't lol). So who knew?

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Pete5506

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This is sad and a little dumb at the same time

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ratm247

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@Leninade223 i lmao in rl at your comment.

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chrisda

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it's not that 3d was lazy, they just kept hitting snags in development, if you knew, they had to keep on changing the game engine to keep up with modern games, and they modify the heck out of the engine which does take time. They really were trying to make this an epic game, they were so close to finishing in 1999 if you dont remember. Yes, i realize its 10 years later but there were other roadblocks and with the release of the game footage, they were making progress.

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XxFulgrimxX

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Lol what the hell xD

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funsohng

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NICE! this is so ironic

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brendanhunt1

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praticing before microsoft sues you for putting lost and damned on ps3

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Cloud737

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Haha, I bet T2 is pissed like hell now that they actually bought the publishing rights for exactly nothing. :P I'm curious what they're trying to make with this trial. They can't be simply seeking to prevent 3D Realms from revealing "assets" from DNF, just out of revenge and bad intent just because they're pissed because they bought nothing, that wouldn't be financially intelligent. Are they trying to get the IP rights transferred to them (along with the assets 3D Realms has)? If that's the case, I certainly hope they succeed, since that would be the only hope for us to see Duke Nukem again (and there could even be further sequels, this time ones that don't take Forever).

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BodomBeachChild

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Because they aren't around to anymore?

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spidy333

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T2 suing wont get them anything but a bit publicity.. 3DR is gone and leave it alone..

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Darkon_X

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It just makes me think of all the stuff that has happened in the past 12 years. I graduated middle school and high school. Half Life 1 and 2 came out. Halo 1 2 and 3 came out. Splinter Cell 1 2 3 and 4 came out. Windows 98, 2000, XP and Vista came out. The elder scrolls series came out, not to mention oblivion. About 5 final fantasy's came out. Dreamcast came out, PS2 and PS3 came out, XBOX and XBOX360 came out. Meanwhile these guys haven't done a thing. Horrible, garbage, crap. In 12 years I think I could've made DNF by myself (if I knew coding and all that sort of stuff. DNF stands for: Did Not Finish.

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Hydrolix

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Hrm...I wonder if this is one huge publicity stunt to get a game everyone has forgotten some major press before release...oh who am I kidding this is what it is...T2 as pissed off as the rest of us...

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Lurkero

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You'd think Take-Two would be aware of the progress on Duke Nukem through the development cycle, especially if they were funding it.

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D4NZEL-709

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I thought that T2 was gonna sue Duke Nukem forever

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SolidSmith1608

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what kind of idiot devs are these? have they been using paint to make the concepts for 12 years?!

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Leninade223

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It's time to finish games and get sued. And they're all out of finish.

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N0tYrBeezin

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It looks like Take-2 has been Duped 12Million Forever! lol!

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otanikun

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And the point of suing them now is....what? If that's the case it should have happened along time ago say....10 years ago, but since they're closing down anyway exactly what money are they expecting to get out of them? Good luck with that.

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SnakeEyesX80

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Duke Nukem For Never. What a shame. :(

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Darkon_X

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Yeah seriously what were this guys thinking? 12 years to make 1 game? It just doesn't add up. Not even the big balla's out there take that amount of time to be made. GTA, Final Fantasy, Halo, Gears Of War, Mass Effect, Splinter Cell, Killzone. You name the game it doesn't take 12 years to make. All they came up was a demo in 12 years? So it was going to take another 12 years to complete the game? What? They better pay up those 12 million bucks. And don't give me that "well they only had like 30 people" crap. If you want to make an ambitious game you need people, if you don't have enough people then you improvise and don't go as big. Besides 30 people can do A LOT in 12 years. Horrible management I tell you.

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Diernes

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bleh. IMO Too Human was great, it had flaws but it recieved a critical and user panning that I dont think was deserved. it was a flawed game, but I still had a lot of fun with it once you got to the bottom of the nuances in the gameplay and controls. And, it was not in development 10+ years which everyone just seems to have to mention. It was in conceptual development on and off for that time. In other words the concept was being thrown around. In that time silicon Knights developed and completed other great games like eternal darkness. I reality Too human probably had only a 3 year development time including building an engine from scratch

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LDunlopeth

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Duke Nukem is crap anyway.

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Advanced_Koko8

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Serves these idiots rights. Keep in mind that the 12 mil was only for the rights, so the amount they put in for funding is another issue. Seriously, 12 years of development and all Take 2 sees is some unpolished half-baked demo?Makes me wonder what the hell these idiots were doing. Sure FPS standards kept changing after the development date, but sticking with one engine and finishing the game with it seems like a hard task for 3D Realms.

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actsai

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3D Realms just gave the industry really bad name, all hail internal studios... least they won't end up industry's equivelent of Madorf fund the way 3DR did. Hope something in favour for T2 does come out of this; and this is likely something of in our favour too.

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BigBoy213

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@Chrisda It does take a while to make a game so good but normally it doesn't take 12 years, and sometimes the longer it takes there is a possibility that the game might turn out horrible. Take for example Too Human, It took 14 years to create this game and all the developer made was a mediocre game with alot of bugs and glitches.

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