Take-Two suing Apogee over unfinished Duke Nukem Forever

The game may never be released, but its legacy may live on forever. Duke Nukem Forever, which 3D Realms was supposedly working on from 1997 right up until it closed its doors on May 6, is at the center of a lawsuit filed by its would-be publisher, Take-Two Interactive. But who's left to sue? The still-operating Apogee Software, which created the 3D Realms brand in 1994.

According to Bloomberg News, Take-Two alleges in a lawsuit filed May 13 that Apogee "continually delayed the completion date for the Duke Nukem Forever" and "repeatedly assured Take-Two and the video-gaming community that it was diligently working toward competing (sic) development of the PC Version of the Duke Nukem Forever." The suit states that Take-Two paid Apogee a sum of $12 million for the publishing rights to the game. The partnership was extended as recently as 2007, according to details of the case.

We've contacted Apogee and Take-Two for comment on the pending suit. Apogee is currently involved with the production of Duke Nukem Trilogy for PSP and Nintendo DS, announced at E3 2008.

[Via BigDownload]

Reader Comments (46)

Take-Two only owns the publishing rights, right? If the company is broke and disbanded is it possible for Take-Two to sue, not for money, but for the rights of the entire project? Then turn around and finish it themselves then release it and make all the money?

Just asking if that's possible.

I guess instead of paying Take-Two in a lawsuit, they could hand over the IP, but thats highly unlikely.

Just start on a new Nukem game. Duke on the Loose Stripper Planet sounds like a good title.

I challenge your title with Duke Makes a Stop at the Gum Factory

Duke has a chat with a Mormon Child.

@ dark_inchworm (on Steam!) dark inchworm (on XBL)

LOL

dark_inchworm (on Steam!) dark inchworm (on XBL)

oooo that was a good one! :D

That's a lot of scratch from Take Two, I'd imagine the extension costs some extra dough as well. Interesting they specifically mention the assurances they made to the 'video-gaming community'. I think it's pretty silly the way people are so forgiving to these asshats because they were working on DNF, like that gives some free 'get out of being an asshat' card.

Sessler's Soapbox on the whole situation was pretty good.

Sessler did a soapbox on this?

I finally found out that that's the name of the ultra annoying guy I see in clips from G4 TV. Sessler's a frigging idiot and drives me nuts. If I never have to hear that guy's voice again it'll be too soon.

Duke Nukem Never.

I GET IT!

At what point can we stop talking about this goddamn thing? It was old 5 years ago.

your mom wasn't too old 5 years ago

5 years ago?
Try last night!!!!!

Oh, I get it, and the jokes are about as fresh as a Duke Nukem sequel.

Unfortunately your mom wasn't so fresh last night.

It turns out his mums been dead 5 years, who the hell did i hit?

I'm sorry, what were you saying? I got, uh, distracted.

Who was the guy that kept saying "Just wait til' next week you morons, they'll make an announcement. You don't know anything about anything! Development is going to continue!!", and where is he now? :P

That would be Anticrawl, and he's in a corner having a cry probably.

Quote from the Bloomberg article:

"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."

Oh, THAT game! Too bad they cancelled it; I haven't shot anything since '96!

What'd you shoot in 96?

Friends, obviously!

"Duke Nukem, a game in which the player 'shoots' enemies."

Please dear god let this become a meme.

Word has it that "going out of business" is just an elaborate viral advertisement and an excuse to release material and screenshots for the game.

would not be at all surprised if this actually happened

I don't know about you guys, but I wouldn't mind that at all.

http://iapps.courts.state.ny.us/webcivil/FCASCaseInfo?parm=CaseInfo&index=axUkq_PLUS_xzes3k9JMv%2FNtCtg%3D%3D&county=sY9HaGlw8JT2_PLUS_JiqS2CtlQ%3D%3D&motion=M&docs=&adate=06/04/2009

They wouldn't do that without telling the publisher so unless the justice system is being used for publicity I seriously doubt it right now.

thats nutshit

bing!

Government needs to step in and bail out 3D Realms so America can finally see Duke Nukem Forever. If Obama cares anything about his legacy, he'll make this happen.

Obama - Nukem 2012.

Agreed.

Car companies < Video Game companies. Duke Nukem is much more important than a shitty vehicle that doesn't have any appeal.

This would bring in republicans and democrats under one house in harmony. The house of Duke. MAKE IT HAPPEN OBAMA AND YOU'LL BE OUR GREATEST PRESIDENT.

Why, so they can spend another 12 years trying to make it perfect, but this time on the tax payer's dollar?!

I say give the IP to Take-Two, at least they'll finish it. If the good people at 3D Realms do get their jobs back, I'd rather they start a new game, or put up or shut up where Duke Nukem Forever is concerned.

I love when Duke says "shagadelic man". Ha ha he's hilarious.

Does anybody remember this game? I've been playing it on my PC for quite a while today and it's a blast. I never heard of it but it brings back good memories of the old school side-scrolling Duke Nukems from back in the day.

Duke Nukem: Manhattan Project
http://en.wikipedia.org/wiki/index.html?curid=1440630

Great game, played it just yesterday.

I don't think that's an [sic]. I think they actually were "competing" against the development.

Relax for a second T2. Let Apogee pay its laid off devs before demanding all they money they have.

Why does Duke look like Mickey Rourke in that picture?

I thought the exact same thing!

I love duke nukem, but the whole DNF saga became inane about 8 years ago. A sad but deserved end.

The legal name of the company is Apogee Software and 3D Realms is used as a marketing tool, and since they shut their doors for good, that means their already dead. I hate to break the news to alot of people but Duke Nukem Forever won't see the light of day. Not in our life times.

What the F... Take 2 ?§?§?§!!!!
Can't just throw 0.1% of GTA money to help those guys finish the game ?

Take-Two suing Apogee over unfinished Duke Nukem Forever

Reader Comments (46)

Posted: May 15th 2009 1:52AM (Unverified) said

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