Feeds

Duke Nukem developer answers Take-Two suit

'A bully tactic'

Secure remote control for conventional and virtual desktops

Supposed Duke Nukem Forever developer 3D Realms has responded to a lawsuit filed by the game's would-be publisher, Take-Two Interactive, calling it "merely a bully tactic" to seize the Duke Nukem franchise.

Take-Two filed a lawsuit against the game maker on May 13, alleging it had breached a $12m contract by failing to deliver DNF, which has been under development since 1997.

The company also clarified reports that 3D Realms has completely shut down, saying it still intends to license and "co-create" games based on Duke Nukem in the future. The Duke Nukem Forever team, however, was sacked on May 6, according to the statement.

"Take-Two never paid 3DR advances or any signing bonus or any other funds related to DNF, up until July 2008, at which time they paid $2.5m in connection with another agreement for an unannounced game," the company said. "This is the sum total Take-Two has paid 3DR in connection with DNF."

Take-Two claims in its lawsuit that it paid $12 million to Infrogames for exclusive publishing rights to DNF, which in turn received the pact from GT Interactive when it was bought out in 1999.

"To be clear, 3DR was not a party to that transaction and did not receive any money from it," the company continued in the statement. "When DNF was originally signed with GT Interactive in 1998, GT paid a $400,000 signing bonus. Up until July 2008, this was the only publisher money we received for the DNF game."

3D Realms added its put over $20m into the production of DNF (over these past 12 years).

Late last year, 3D Realms "began negotiations" with Take-Two to provide funding for the game. The studio says it was hitting mutually-agreed milestones for the game's completion, despite not having firmed up the funding agreement.

"Take-Two was well aware that 3DR needed the funding to continue the DNF game development," the company stated. "3DR informed Take-Two that it could not financially afford the changes Take-Two was suggesting and would be forced to release the team if an agreement was not reached."

That's when 3D Realms claims Take-Two made a proposal to buy the Duke Nukem franchise for a "fire sale" price. Negotiations broke off on May 4, and the development team got the boot a few days later.

Court documents for the lawsuit indicate the Take-Two wanted a temporary restraining order forbidding 3D Realms from altering or leaking the game's source code during the case. 3D Realms claims the court has denied that request.

"While we cannot comment on the details of the ongoing lawsuit, we believe Take-Two's lawsuit is without merit and merely a bully tactic to obtain ownership of the Duke Nukem franchise," the statement says. "We will vigorously defend ourselves against this publisher."

A full-text copy of the statement is available over at Shack News. ®

Providing a secure and efficient Helpdesk

More from The Register

next story
TEEN RAMPAGE: Kids in iPhone 6 'Will it bend' YouTube 'prank'
iPhones bent in Norwich? As if the place wasn't weird enough
George Clooney, WikiLeaks' lawyer wife hand out burner phones to wedding guests
Day 4: 'News'-papers STILL rammed with Clooney nuptials
iPAD-FONDLING fanboi sparks SECURITY ALERT at Sydney airport
Breaches screening rules cos Apple SCREEN ROOLZ, ok?
Crouching tiger, FAST ASLEEP dragon: Smugglers can't shift iPhone 6s
China's grey market reports 'sluggish' sales of Apple mobe
Apple's new iPhone 6 vulnerable to last year's TouchID fingerprint hack
But unsophisticated thieves need not attempt this trick
The British Museum plonks digital bricks on world of Minecraft
Institution confirms it's cool with joining the blocky universe
prev story

Whitepapers

Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Storage capacity and performance optimization at Mizuno USA
Mizuno USA turn to Tegile storage technology to solve both their SAN and backup issues.
The next step in data security
With recent increased privacy concerns and computers becoming more powerful, the chance of hackers being able to crack smaller-sized RSA keys increases.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.