Forever-gate: Take-Two demands Duke Nukem Forever source code in suit

by Randy Nelson on May 15th 2009 6:00PM

If the development of Duke Nukem Forever was a troubled marriage, welcome to the nasty, drawn-out divorce.

Shacknews reports that court documents it obtained from the case of Take-Two Interactive vs. Apogee Software have the former demanding, well, custody of the unfinished game's source code. It also seeks to prevent Apogee from "disclosing, distributing, transferring or selling to any party other than Take-Two any proprietary information related to DNF." In short, Take-Two wants what it claims it paid for, and wants it now.

3D Realms co-founder, Scott Miller, wrote in a comment on Shacknews that the DNF developer "never saw a penny of that money," referring to the $12 million Take-Two says it paid Apogee for publishing rights to the game in 2000.

If there's anything positive to be taken away from this litigation situation, it's that Take-Two evidently plans on ensuring a return on its investment in DNF -- possibly to the extent of taking all the game's assets and continuing its development elsewhere.

[Via BigDownload]

Source

Tags: 3d-realms, apogee, apogee-software, business, duke-nukem, duke-nukem-forever, lawsuit, take-two

Reader Comments (48)

If T2 did in fact invest that money into the project, then well this case is going to be over pretty quickly.

I am seriously hoping Take Two gets it.
Hand it off to Volition or Visual Studios to finish up.

Disagreed. I don't want to play the game unless it's finished by the original developers. I'd rather see 3D Realms win the legal battle and not release the game than to have some random studio that had nothing to do with D3D finish it.

Don't care how good the team is that ends up finishing it. If it's not the original devs, then it's just not the game we've been waiting for for 12 years.

I'll probably get downvoted for this :/

I'm not going to down vote you, but the fact is people like you are the sorry ass apologists that let them get away with this stupid shit for this long.

lol don't get me wrong dude, I'm not saying they did anything right here... just saying that I don't want to play a Duke Nukem Forever that someone else made. I was only excited about it because the original guys made such a fun game back in the Doom days, and I just wouldn't be as excited about the game if someone else finished it than if 3D Realms somehow gathered up funds and slapped a rel release date on it.

:P

'sides... I don't think it was my faut they took 12 years and didn't finish it :)

Court date june 4, 2009 hm and its end of e3 time.

The court document is a rough draft..

Nothing is submitted according to the court website.
http://iapps.courts.state.ny.us/iscroll/SQLData.jsp?IndexNo=601457-2009
Something is up..

Very true, sorry pal :P

"but the fact is people like you are the sorry ass apologists that let them get away with this stupid shit for this long."

I did downvote you for apparently confusing religion and business. There's nothing to "let them get away with" it's Apogee/3D Realms IP, they don't require anyone's approval, they don't require apologists, etc., to do what they want with that IP. Obviously they choose a very poor business model and as a result they're... well, no longer in business. But they didn't remain around as long as they did because of fans wishes as you seem to suggest... they existed on money, and when that ran out, they folded. All of the apologists in the world couldn't save them. Also: don't blame fans for developer's missing deadlines and breaking promises, that is so laughably retarded I cannot properly put it into words.

Goddam! Forget a book, I want a documentary about DNF!!!

Well you'll start with a great and interesting 20 minute introduction talking about how legendary Duke Nukem 3D was and how the hype around the DNF was that it would be even better. Then there would be about 2 and a half hours of nothing. Then 3D Realms' shutdown. And then this. Followed by a ?

I think he's meaning more behind the scenes.

Actually I just realised the phrase behind the scenes doesn't really carry itself over to referencing with video games. Behind the game.

If they do get it, hopefully the game will come out now. And they deserve it, too. I would be mad if I never saw a return on my investment for 12 years.

Awesome! Before I didn't care. Now I hope they win the rights. The game looks close to finished in the assets dept. Maybe just need to make a game out of it.

I really hope this lawsuit keeps getting delayed. For a LONG time.

Then Take-Two will come out, saying, "The verdict come out when it's done."

I see what you did there.

Did not finish == DNF == Duke Nukem Forever.

Clever

stop trying. you "don't see what they did there" they didn't remotely say anything of the sort.

I see what you did there.

Three letter username == FNG == Fig Newton Greatness.

Clever

busted. just like that. damn.

Its cool, buddy.
We still love ya!

Oh Good. I was worried. **Puts mask back on**

Well, this just shows how intent on publishing the game Take Two is. If you thought that the closing of 3D Realms meant the end of DNF, you are mistaken.

Whatever it takes to get the game finished (and finished well), I'm fine with it.

I hope they get it. I've still got that middle finger moment in my head. "Eat shit and die!" God I can't wait to play this game.

3D Realms should hand over a Build from the N64 phase.

LOL YES!

"Here ya go guys. Duke Nukem Forever."
*But.. but.. They don't sell N64 games anymore!*
"Sorry... that's as far as we got... My buddy Steve's kid made that recent footage for his multimedia design class as a 3D Studio Max project."
*So... we paid you millions of dollars for a Nintendo 64 game?*
"Yup... It'll sell, don't worry... It's got Rumble Pak support."

I say let this carcass rot in the freezer. We all know what happens to games that get "wrapped up". Daikatana anyone? Or Wheelman?

I'm really to the #DRealms guys that may read this however...

I really hope that T2 gets the source code and assets and hands it off to RockStar to make the game..

Good luck Take 2!

After seeing this: http://i40.tinypic.com/2iw0j92.jpg i want this game finished, released and completed before global warming buggers us all!

From http://www.shacknews.com/onearticle.x/58651

"Take-Two expects to go to trial no earlier than 9-12 month"

:(

The case shall remain pending until either Apogee or Take Two shuts down, and the case is thrown out

Perhaps they will settle for an Apologee...

Ok, that was really bad, i admit it! :p

I hope they finished it, so we gamers don't suffer from the proverbial blue balls, even if you don't plan on buying it you know you want this game released.

Well, if they gave the code to another company to finish, that would make sense. I mean, 3D Realms was spinning their wheels on Prey for years, and they just handed it off to Human Head Studios, who was able to complete it because they have good project management there.

Lessee... there was what, about 40 guys working on DNF? $12 over 9 years divided by 40... wow, that's only like $33k... so maybe they really did live off of that for that long! Game development must be a sweet gig! Doin nothin for 9 years and gettin paid! XD I make just over $26k/yr! And I actually do work sometimes!

But didn't they say that DNF development wasn't relying on funding by T2? Or was that Trilogy? Either way, I'm not super knowledgeable about law, but I would figure that without a deadline in place, they could argue that they don't owe Take 2 anything yet, because it's not done! Lol!

They do still own the intellectual property thought right? T2 can't release a Duke game, even DNF, without the developers' consent?

Well, hey. We'll probably all get to play it soon with this stuff happening. Someone's probably gonna get pissed, or maybe the HL2 hacker will strike again, and the source code will get leaked. It happens.

Oh boy this could get nasty... But Take-Two, still being a viable company, surely has deeper lawyer-pockets than 3D Realms.

They should give it to Human Head to finish, go Madison WI economy!

Oh ho ho, called it.

It doesn't matter if Duke Nukem Forever is the worst game ever made. It could be literally a steaming pile of crap in a box, and people would STILL buy it. They'd buy it at Steel Battalion prices. Why? Because it's transcended just being a video game, and is now a cultural icon. It's become this phenomenon that is more than just a game. You want it, just to say "Yeah, I played Duke Nukem Forever." Even it's awful, and the reviews, should they ever arrive, will go "We waited 12 years for THIS?!?", people will still buy it and play it.

So, if Take Two wants it done, then let them have it. I'd rather have a good finished game, than a spectacular vaporware joke.

Not sure everyone will get the Steel Battalions reference, but i found it hilarious.

3D Realms violated the terms of the contract, they will never be able to release Duke Nukem Forever and they they have to pay!

[Hopefully we actually get a game out of this... Those idiots at 3D Realms could have released Duke Nukem 8 by now...]

Hmm, they could catch up by getting Don Bluth on the project.

I am seriously hoping Take Two gets it.
Hand it off to Volition or Visual Studios to finish up.

I have a feeling this revolves around some interesting financial movements planned between 3D Realms Studios and Apogee Software. Perhaps in the event of 3D Realms demise that the assets and IP would revert to Apogee. I'm not on the inside, but some of the posts on the 3D Realms Forums by admins infer that there was 'something more' to reforming Apogee than making iPhone/WinMo games.

All parties involved will bankrupt themselves and Activision will end up with the Duke IP.

Let it die as it lived. What 12 year game-in-progress will we make fun of if DNF gets polished off and released?

Duke Nukem Forever. . . THE DEVELOPMENT IS FOREVER!

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Forever-gate: Take-Two demands Duke Nukem Forever source code in suit

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