Details Surface in the Take-Two vs 3D Realms Lawsuit

[Shawn Zipay]

The legal documents for the Take-Two case against 3D Realms have just surfaced and Shacknews shares many of the details with us.

The preliminary course of action calls for 3D Realms to ensure that all Duke Nukem assets are secure before the court proceedings begin. It specifically places a restraining order and preliminary injunction that will ensure no other assets are leaked from the company.

The order would force 3D Realms to "mantain and enforce all security measures necessary to preserve the integrity of [the Duke Nuke Forever source] code," as well as prevents them from "disclosing, distributing transfferring or selling...any proprietary information related to DNF."

Take-Two claims that it is owed "millions of dollars" by 3D Realms for breaking an agreement to finish the game. The publisher also requested a copy of the existing Duke Nukem Forever source and object code "to ensure the code is preserved and remains unharmed during the pendency of this lawsuit."

Scott Miller of 3D Realms made a statement on Shacknews the other day. He flat out states that 3D Realms saw none of that $12 million that Take-Two paid for back in 2000 for the Duke Nukem Forever publishing rights.

"No. We didn't get a penny of that money," said Miller. "This, along with so much else, is 100% spin, being eaten up by those who have no clue whatsoever."

He continues on to state that 3D Realms will have a statement on the matter "soon." Take-Two, on the other hand, expect to go to trial within 9 to 12 months.

[Shawn Zipay]

Re: Details Surface in the Take-Two vs 3D Realms Lawsuit

3D Realms making a statement "soon?"

The "trial" will begin within 9 to 12 months? Almost the exact time frame that 3D Realms stated would be the release window for DNF?

OH MY GOD, IT'S ALL A HOAX!!!!!!

[BarneyGumble]

Re: Details Surface in the Take-Two vs 3D Realms Lawsuit

I would LOVE to see 3-D Realms' financial statements for the past 15 years. How could they afford to develop DN3 with no money from T2? I don't think they worked for free.

[K-16]

Re: Details Surface in the Take-Two vs 3D Realms Lawsuit

I imagine the Max Payne series, and other games in the Duke Nukem franchise (various consoles, mobile phones, re-releases of old games, Shadow Warrior, Build engine licensing such as that horrendous joke by GT Interactive known as NAM, etc.) kept 3D Realms afloat during the (lack of?) development of Duke Nukem Forever (God knows how that's realistically possible though). That said, I still want to know one important thing. Assuming 3D Realms fights back and (expectedly) loses... Erm... How is Take-Two Interactive intending on being compensated? I don't really think 3D Realms has any money for a settlement, let alone a lawsuit which would probably explain 3D Realms shutting down to begin with. Of course, one could argue that T2's purpose behind the lawsuit had nothing to do with money, though I do find it a bit odd that they won't allow a different (alive) developer to continue and possibly finish development of Duke Nukem Forever. I mean, as long as T2 publishes the game, there's no real reason why it would be harmful for T2 to publish the same game/license for a different developer........... Right? (I say that with hesitation.)