3D Realms Responds to the Take-Two Lawsuit to tell their side of the story

When Duke Nukem Forever was officially cancelled, it made news because the game had been in development for more than 12 years and was a follow-up to the popular 3D video game released by 3D Realms in 1996. In response to the failure of Duke Nukem Forever, Bloomberg is reporting Take-Two Interactive is suing Apogee Software Ltd.’s 3D Realms for breaching an agreement to design the latest installment of the Duke Nukem series.  

Take-Two described how they felt they were misled stating, “Apogee continually delayed the completion date for the Duke Nukem Forever.” They also stated, “Apogee repeatedly assured Take-Two and the video-gaming community that it was diligently working toward competing development of the PC Version of the Duke Nukem Forever.”  These statements blame 3D Realms for the failure of Duke Nukem Forever.

Take-Two holds the publishing rights for the Duke Nukem sequel and Apogee Software Ltd.’s 3D Realms was the developer. In the Bloomberg article, it was initially reported Take-Two paid $12 million for the publishing rights to the Duke Nukem sequel in 2000. In 2007, a second agreement was apparently signed.

As in any story there are always two sides and 3D Realms have responded to Take-Two’s lawsuit; the response is summarized in a Shacknews article. 3D Realms claims that they did not receive a single payment until 2008. They stated, “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," added the company. "This is the sum total Take-Two has paid 3DR in connection with DNF."

3D Realms also claims Take-Two offered 3D Realms a "last minute" proposal to acquire the Duke Nukem franchise and the development team. This offer was refused because deal included "no upfront money, no guarantee minimum payment, and no guarantee to complete the DNF game."

Also clarified in the Shacknews article is the fact Take-Two retains the publishing rights to Duke Nukem Forever in the aftermath of the meltdown. Although the future of Duke Nukem Forever is up in the air, the franchise may not be completely dead as 3D Realms stated they have not completely closed, saying that it is now planning to "regroup" as a company. 3D Realms released a statement stating, "While 3DR is a much smaller studio now, we will continue to operate as a company and continue to license and co-create games based upon the Duke Nukem franchise."

"We are going to continue to work with them to make sure they understand the reality of the Internet.  A lot of these people don't have Ph.Ds, and they don't have a degree in computer science." -- RIM co-CEO Michael Lazaridis
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