Take-Two and 3D Realms Go to Court over Duke Nukem Forever

Nathan Grayson

Duke Nukem Forever this , Duke Nukem Forever that . We might as well be beating a dead horse at this point, but at least we’re not suing one . That’s Take-Two territory right there.

Apparently, the publisher wasn’t too happy to hear that Duke Nukem Forever developer 3D Realms decided to close up shop last week. Why? Well, according to Take-Two, 3D Realms breached its agreement to finish DNF when the big bad economic wolf finally blew it down. The agreement was probably made in 2007, though at that time, specific details weren’t made public.

"[3D Realms] continually delayed the completion date for the Duke Nukem Forever," said Take-Two in its complaint. "[3D Realms] 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."

But the rabbit hole runs deeper. A quick dig through pertinent legal documents reveals that Take-Two is also attempting to pry Duke Nukem Forever’s source code from 3D Realms’ cold, mostly dead hands, and will probably go through with it if the publisher has its way in court. As of now, even though 3D Realms went under, it still holds onto its unfinished game.

Meanwhile, 3D Realms co-owner Scott Miller claims that Take-Two never actually paid the developer the $12 million needed to secure publishing rights for DNF – which, if true, renders much of Take-Two’s argument moot.

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

Well, so much for the Duke Nukem Forever saga ending not with a bang, but a whimper. Expect more fireworks from Take-Two and 3D Realms in the coming weeks.

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