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]
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 (Page 1 of 1)
Comtar @ May 15th 2009 1:52AM
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.
Foetoid @ May 15th 2009 6:33AM
I guess instead of paying Take-Two in a lawsuit, they could hand over the IP, but thats highly unlikely.
WLT @ May 15th 2009 1:54AM
Just start on a new Nukem game. Duke on the Loose Stripper Planet sounds like a good title.
dark_inchworm (on Steam!) dark inchworm (on XBL!) @ May 15th 2009 2:31AM
I challenge your title with Duke Makes a Stop at the Gum Factory
Foetoid @ May 15th 2009 5:07AM
Duke has a chat with a Mormon Child.
tmontana213 @ May 15th 2009 11:35AM
@ dark_inchworm (on Steam!) dark inchworm (on XBL)
LOL
Deprincer @ May 15th 2009 5:50PM
dark_inchworm (on Steam!) dark inchworm (on XBL)
oooo that was a good one! :D
Markez @ May 15th 2009 2:04AM
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.
Roto13 @ May 15th 2009 2:45AM
Sessler did a soapbox on this?
Viridium @ May 15th 2009 10:57AM
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.
Slayer @ May 15th 2009 2:08AM
Duke Nukem Never.
Premature ejaculation man @ May 15th 2009 4:14AM
I GET IT!
Squirtforce @ May 15th 2009 2:09AM
At what point can we stop talking about this goddamn thing? It was old 5 years ago.
dark_inchworm (on Steam!) dark inchworm (on XBL!) @ May 15th 2009 2:35AM
your mom wasn't too old 5 years ago
Jake B @ May 15th 2009 5:55AM
5 years ago?
Try last night!!!!!
Manly Mcbeefington (Mr. ESC) @ May 15th 2009 11:43AM
They are trying to say Your mom is a whore dude.
Squirtforce @ May 15th 2009 11:44AM
Oh, I get it, and the jokes are about as fresh as a Duke Nukem sequel.
Vcize @ May 15th 2009 12:26PM
Unfortunately your mom wasn't so fresh last night.
Dowse @ May 16th 2009 12:01PM
It turns out his mums been dead 5 years, who the hell did i hit?
Blank-Mage @ May 15th 2009 2:12AM
I'm sorry, what were you saying? I got, uh, distracted.
Robert Maynard @ May 15th 2009 2:22AM
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
Foetoid @ May 15th 2009 6:24AM
That would be Anticrawl, and he's in a corner having a cry probably.
dark_inchworm (on Steam!) dark inchworm (on XBL!) @ May 15th 2009 2:28AM
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!
Markez @ May 15th 2009 3:14AM
What'd you shoot in 96?
TheKarmaPolice @ May 15th 2009 8:45AM
Friends, obviously!
fred @ May 15th 2009 11:32AM
"Duke Nukem, a game in which the player 'shoots' enemies."
Please dear god let this become a meme.
Giroro @ May 15th 2009 2:34AM
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.
Uncontrol @ May 15th 2009 2:50AM
would not be at all surprised if this actually happened
Jimmyy @ May 15th 2009 10:56AM
I don't know about you guys, but I wouldn't mind that at all.
fred @ May 15th 2009 11:35AM
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.
ronald.raygun @ May 15th 2009 2:35AM
thats nutshit
Professor Lario @ May 15th 2009 10:18AM
bing!
reppy @ May 15th 2009 2:54AM
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.
WiredKnight @ May 15th 2009 3:13AM
Obama - Nukem 2012.
Crusty Magic @ May 15th 2009 3:16AM
Agreed.
Car companies < Video Game companies. Duke Nukem is much more important than a shitty vehicle that doesn't have any appeal.
fred @ May 15th 2009 11:37AM
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.
Peter R. @ May 15th 2009 11:56AM
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.
Balloonfighter99 @ May 15th 2009 3:08AM
I love when Duke says "shagadelic man". Ha ha he's hilarious.
Ian Boyle @ May 15th 2009 4:49AM
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
fred @ May 15th 2009 11:38AM
Great game, played it just yesterday.
markhill66 @ May 15th 2009 5:29AM
I don't think that's an [sic]. I think they actually were "competing" against the development.
MrKlorox @ May 15th 2009 7:45AM
Relax for a second T2. Let Apogee pay its laid off devs before demanding all they money they have.
Singular Trap @ May 15th 2009 8:56AM
Why does Duke look like Mickey Rourke in that picture?
Lonecow @ May 15th 2009 10:11AM
I thought the exact same thing!
Jacksons @ May 15th 2009 10:11AM
I love duke nukem, but the whole DNF saga became inane about 8 years ago. A sad but deserved end.
Manly Mcbeefington (Mr. ESC) @ May 15th 2009 11:47AM
Take two hold your stinkin horses for a second,wouldn't be better just to grab DKF,it seems it could be completed,in fact just take it and give it to 2k.
Manly Mcbeefington (Mr. ESC) @ May 15th 2009 11:48AM
Please don't kill apogee don't be dicks.
K1LLSWITCH @ May 15th 2009 12:41PM
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.
Big beN @ May 15th 2009 2:47PM
What the F... Take 2 ?§?§?§!!!!
Can't just throw 0.1% of GTA money to help those guys finish the game ?