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3D Realms Sued Over Failed Duke Nukem Forever Plans
Posted by
Soulskill
on Fri May 15, 2009 06:36 AM
from the ponzi-would-be-proud dept.
from the ponzi-would-be-proud dept.
Take-Two Interactive has now sued 3D Realms over the cancellation of Duke Nukem Forever . Take-Two did not provide continuous funding for the game, but they did pay $12 million for the publishing rights to the game. A Bloomberg report quotes Take-Two's complaint as saying that 3D Realms "continually delayed the completion date" and "repeatedly assured Take-Two and the video-gaming community that it was diligently working toward competing development of the PC Version" of the game. (The complaint refers to 3D Realms as part of Apogee Software, Ltd., not to be confused with Apogee Software, LLC, the publisher behind the still-forthcoming Duke Nukem Trilogy.)
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Duke Nukem For Never 565 comments
PLSQL Guy writes "Duke Nukem Forever developer 3D Realms is shutting down, according to Shacknews. They cite 'a reliable source close to the company,' who said the developer is finished and employees have already been let go. It looks like all of the Duke Nukem Forever jokes are turning into reality; DNF might turn out to be the ultimate vaporware after all."
3D Realms' webmaster, Joe Siegler, confirmed the closing, saying that he didn't know about it even a day beforehand. Apogee and Deep Silver, who are working on a different set of Duke Nukem games (referred to as the Duke Nukem Trilogy) say they are not affected by the problems at 3D Realms.
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They might have a case (Score:5, Insightful)
but they'll never see 12 million dollars out of it.
Re:They might have a case (Score:5, Interesting)
I sure know which out of the two I'd want if I was Take Two!
Parent
Re:They might have a case (Score:5, Funny)
They might get the current build of the game, though.
2 DVDs filled with videos of strippers for reference material, 1 CD-ROM containing training for weapons and explosives, 20 sci-fi magazines about aliens, 1 small "cheezy phrase" booklet, 30 artist sketches of what the monsters would look like, and 1 bag of tepid air to be used for marketing.
I sure know which out of the two I'd want if I was Take Two!
Those two DVDs seem to be interesting, and you never know when you need a bag of tepid air.
Parent
Re:They might have a case (Score:5, Funny)
And don't forget the most important part, a DVD collection of every movie or TV show Bruce Campbell [wiw.org] ever made.
Parent
Re:They might have a case (Score:5, Funny)
The Collector's Edition is said to replace the bag of tepid air with a container of smoke and a short length of garden hose...
The container, of course, being in the form of a suppository...
Parent
Re:They might have a case (Score:4, Informative)
Random daily trivia: that phrase comes from a once-common medical practice [wikipedia.org], and began to be used when it was discredited.
Parent
Re:They might have a case (Score:5, Funny)
They might get the current build of the game, though.
Unfortunately, the current build only runs on GNU Hurd . . .
Parent
Re:They might have a case (Score:5, Funny)
Parent
Re: (Score:3, Funny)
What, you actually had a chance to use it? Someone preserve this man's brain for posterity!
Re:They might have a case (Score:5, Funny)
This is a relief.
I was afraid that the most famous vaporware in the history of computing was about to really evaporate. Now that this is going on, this should keep hopes alive for at least another five years.
-JJS
Parent
Re: (Score:3, Interesting)
but they'll never see 12 million dollars out of it.
Could they possibly write all that off, though, as a bad debt?
Re:They might have a case (Score:4, Interesting)
but they'll never see 12 million dollars out of it.
I think it's more likely that they are trying to get a cut of any assets sold by 3D Realms, either physical or intellectual. I could see them making a grab for Duke Nukem copyright, handing it over to another developer, and putting it out under the Duke Nukem Forever title...
Parent
I'm still holding out hope.. (Score:5, Funny)
.. that this ugly business is all a hoax, and they are preparing to release it, but that's probably just me in denial :(
Re:I'm still holding out hope.. (Score:5, Funny)
I was with Duke for twelve years, Dr. Hirnficker. We always made plans to go out at nights, but he always had to work late every night. I know kicking alien scumbag asses is a tough job, but every night?
One day I found a receipt on the floor; it must have fallen out of his wallet. When I read the "new models" and "better engines" line items, I suspected that his staying late on the job wasn't really for more work. I think he was flirting with other technology.
But despite what you say, Duke never laid a hand on me, I swear. The bruises are just from walking into doorknobs and cupboard handles. Really, Dr., it's true! Duke was always good to me. He was always my friend, my love and my soulmate. We were meant to be together. Forever.
Parent
Oblig. (Score:5, Funny)
It's time to sue everyone and chew bubble gum... and I'm all outta gum!
Hope (Score:5, Insightful)
I really, really, hope that the current work of DnF is not lost. That all the data, code, levels, ..., are going to be released somewhere. Or better, finished into a playable state.
Isn't it possible to find a different developer that can take it over?
Re:Hope (Score:4, Insightful)
I really, really, hope that the current work of DnF is not lost. That all the data, code, levels, ..., are going to be released somewhere. Or better, finished into a playable state.
Isn't it possible to find a different developer that can take it over?
I'm wondering if there is any code. I think all we've seen up to this point is some nicely rendered scenes, but are they in-game?
Ah, cynicism.
Parent
Re:Hope (Score:4, Informative)
Parent
Re:Hope (Score:5, Informative)
Parent
Re:Hope (Score:4, Interesting)
And Jace Hall played it last year and said we wouldn't be disappointed. Bastard.
Jae Hall, Ep 1: Duke Nukem Forever [crackle.com]
Includes interview with George Broussard and Scott Miller of 3D Realms.
Parent
Re: (Score:3, Insightful)
You are, of course, assuming that "all the data, code, levels" actually exist. It does not take much cynicism to believe otherwise.
And in response... (Score:5, Funny)
3D Realms threw a handful of bills at Take Two Interactive's bitch lawyers and said, "Wanna dance?"
Re:And in response... (Score:5, Funny)
Parent
Underpants distribution contract (Score:3, Funny)
Forever indeed (Score:4, Interesting)
Re:Forever indeed (Score:5, Funny)
Don't you get it? The story is the game, and it will last *forever*.
Parent
Re:Forever indeed (Score:4, Funny)
"This is the most blatant case of false advertising since The Neverending Story."
Parent
It can't be about the money (Score:5, Insightful)
The only exception to that last point is Take Two. They have a vested interest in making this game a reality. Presumably the point to this is that they become creditors and so will have a claim on the aspects of DNF that have been completed.
Re:It can't be about the money (Score:5, Insightful)
It's not about money. Take 2 did agree(albeit verbally) to give 3DR $5 million. However they later decided not to, and instead to pay 3DR $30 million if they sold the IP to Take 2. They declined, and thus closed.
I think this is another attempt to get Duke Nukem. They sue them for money which they don't have, and instead demand that they be given the rights to Duke Nukem.
Parent
Rather than suing.. (Score:5, Funny)
...they should just go to the 3D Realms headquarters, rip their heads off and shit down their neck.
"No" to a buyout -- Lawsuit? (Score:5, Interesting)
Re:"No" to a buyout -- Lawsuit? (Score:5, Insightful)
T2 did not offer to buy it for $30m. They offered 3DR $5m for continued development if they handed over all the rights in return and said if 3DR didn't like it they could get the publishing rights back if they paid them $30m, meaning any other publisher would have to come up with $35m to see the game finished.
This is clearly a tactical move by T2 to acquire the Duke rights.
Parent
12 million!? (Score:5, Insightful)
Re:12 million!? (Score:4, Insightful)
Not possible anymore (for a while now). Look at the credits of any major 3D action game. You are going to do that all on your own? Good luck with that. Maybe you can do an initial version of Wolfenstein (2.5D) on your own, anything requiring more game code and/or graphics is off limits for a single developer.
Parent
*Jaw Hits Floor* (Score:5, Funny)
What?!?!? You mean to tell me that there is someone in the world who not only actually believed that DNF would be finished someday, but they believe it so strongly that they were willing to invest $12 million into it?!?!?
Where do I meet these people? I can "build" far bigger and better vapourware than DNF for half that price! Please, give me a call.
Re:*Jaw Hits Floor* (Score:5, Insightful)
They paid that money 9 years ago. Yeah, most people believed the game might be someday finished 9 years ago. Even 7 years ago it was "soon". 5 years ago it was "gotta be sometime in the next couple of years". 3 years ago it was "are they actually still working on it?"
Parent
This is were suing makes sense (Score:4, Insightful)
It's sad for 3DRealms if they have lost their rights to their flag ship IP because they have no more funds, but they were milking the cow for way to long and this is business. Eventually you have to provide a product and not feel strung along. In this case I think Take2 patiently waited through the good economic times, and now it was time for them to recoup their investment.
Also their is no light on what the secondary funds were from Take2 to 3DR. 12 years is an insanely long development time. And if 3DR's funds dried up and the close up shop, then Take2 has to sue!
This isn't as cut and dry as you think. (Score:4, Informative)
What most people don't realize is that Take 2 NEVER paid 3D Realms directly for development on DNF. 3D Realms self-funded ALL 12 years of development. The money they're suing them for was for publishing rights purchased from GT Interactive and Infogrames several years ago. This is completely separate from 3D Realms.
Most people assume this is a typical publisher-developer relationship, but it's not. Take2 doesn't own the rights to the game or any of the content in it... only the rights to publish it whenever it's done. 3D Realms ran out of money, asked them for some, were denied, and had to close down for lack of funds and all their employees are now looking for new employment in a horrific economy.
It's a shame 3DR couldn't have gotten it together sooner.
Re:Can we be sure now... (Score:4, Funny)
Your girlfriend puts out. Just not for you.
Parent
Re:Can we be sure now... (Score:4, Funny)
Spartacus?
Parent
Re: (Score:3, Insightful)
honestly if it is like the video's they released acouple days ago.. i think it will be a good hit
Re:so where's the money going to come from? (Score:5, Insightful)
Parent
Re:so where's the money going to come from? (Score:4, Funny)
What would you do with 12 million Canadians?
Parent
Re:so where's the money going to come from? (Score:4, Insightful)
I believe Apogee Software, Ltd. (the company; "3D Realms" is essentially a brand name under which all of their development was done) has assets (including the trade name "Apogee", and its library of IP, currently licensed to Apogee Software, LLC). A financial judgement against Apogee Software, Ltd., could force them to liquidate those assets to satisfy the judgement.
Also, Apogee Software, Ltd., is a Limited Partnership, which means it has at least one general partner and one or more limited partners. Generally speaking, the general partner(s) are jointly and severally liable for the debts of the partnership, so if Apogee Software, Ltd., doesn't have assets to satsify a judgement, the general partner(s) will be on the hook for the judgement.
Parent
Re:Know what woulda helped 3D Realms stay in busin (Score:5, Funny)
Parent
Re: (Score:3, Informative)
Yeah, they could have released, say, Max Payne games in 2001 and 2003, and Prey in 2006?
Oh wait, they did. You fail it.
Re:Know what woulda helped 3D Realms stay in busin (Score:5, Informative)
Parent
Re:Know what woulda helped 3D Realms stay in busin (Score:5, Informative)
3D Realms hasn't singlehandedly developed a game in a very long time.
Parent
Re: (Score:3, Interesting)
Furthermore, 3D Realms released some rather credible video trailers for the game, once in 1998, and again in 2001:
http://www.youtube.com/watch?v=88F0J70ZkeM [youtube.com] (1998)
http://www.youtube.com/watch?v=TKcxL4PmXfA [youtube.com] (2001)
So clearly, even going as far as 2002, yo
Re:Anyone else think they are bit late with this? (Score:4, Funny)
They may not have money, but the Duke Nukem IP must be worth alot.....
It's worth as much as my seaside villa in Afghanistan.
Parent