"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," the developer said in a press release.
The way 3D Realms tells it, though, Duke Nukem Forever – finished or not – won’t be able to release until Take-Two and 3D Realms kiss and make up. Previous agreements between the two companies have put Duke in his current predicament, but according to 3D Realms, it’s not like Take-Two hasn’t broken an agreement before.
"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."
That lack of funding effectively killed the game’s development cycle last week. Take-Two allegedly attempted to right the sinking ship by offering to acquire the Duke Nukem franchise and 3D Realms, but due to such stipulations as “no upfront money, no guarantee minimum payment, and no guarantee to complete the DNF game,” 3D Realms refused.
Now the two companies are gearing up for a long, painful court session, which at this point, just seems like Fate giving us a big middle finger for ever hoping Duke might see the light of day. Is some news better than 12 years of no news? In this case, we're not so sure.