Duke Nukem developer answers Take-Two suit
'A bully tactic'
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. ®
Re: Source Code
Surely it would be easier to...
20 PRINT "(C) 3D REALMS 1997-2017"
Of course, what they're not telling you is the title is a contraction of:
Duke Nukem ( - it'll take) Forever (for us to get this game released)
Now it's not unheard of for software companies to delay release of a title because the CEO thinks of new things to add to it, or they decide to restart development on a different software platform (a synonym for "the view from behind a pane of glass" springs to mind), but usually the marketing department reminds them that it's generally a good idea to get it released *before* the developers retire...
@@ hmmm - ARRRRRRRGH!!!!! and @RRRoamer
Ok someone needs a happy pill. Or a joint, beer, line, needle, roofie, whatever would help :)
Hell If I got that worked up about how people worded things I would just run me a nice hot bath, maybe put some good bubble stuff in it, lie back and slit my wrists as I wouldnt be able to take it anymore :P
Now for RRRoamer
God man nice catch on that one. I completely forgot that hes big and black and hes a one man wrecking crew (talking about Derek here in case you were wondering) who is the epitome of all programmers everywhere.
Ok, yes I smell the BS I was spewing there but meh. I will give Mr. Smart this though he did atleast get his bomb to the stores....
/Grabs the popcorn cause this showdown is going to be fun.
Oh something else
Why does it seem to be Take2 that has the games that have been in production the longest with massive flame wars starting due to whoever it is at the time?
Then again I am one of the "lucky" Bioshock owners who bought the game and couldnt play it for over 7 months until they FINALLY got a patch out for it and even then the game is unstable as hell but I can atleast get the door to the bathysphere at the start open.....
/And no I will NOT be giving Take2 any more of my money after the abysmal support I (and many others) got from them on BS.
They were still working on this???? Derick made more progress on his Battle Cruiser game by himself than they did on DNF as a team.
That is just sad.
@ hmmm - ARRRRRRRGH!!!!!
Should *HAVE* not should OF
FFS, I dont know if it is just you who posts lots of badly written ramblings to these comment sections but I am seeing more of this and I am becoming irrational over my hatred of this phrase. To the general population of comment writers please, please for the love of all that is holy the useage is "they should *HAVE* done something" and *NOT* "they should *OF* done something"!!!
(off for a lie down now)