Kick Him When He’s Down: Take-Two Sues 3D Realms

It looks as though the whole 3D Realms Closure Conspiracy is just that, because Take-Two has confirmed the closure and the fact that former employees are looking for work elsewhere. Another reason is that Take-Two is suing 3D Realms partly because of this.

Take-Two Interactive Software Inc is suing Apogee Software Ltd. (3D Realms) for breach of contract, as we all know that 3D Realms closed down less than two weeks ago, and failed to release Duke Nukem Forever, which it had continuously promised to deliver.

Take-Two, the publisher, initially invested $ 12 000 000 into DNF in 2000, but Scott Miller claims: "No. We didn't get a penny of that money. This, along with so much else, is 100% spin, being eaten up by those who have no clue whatsoever."

At one point, in a filing with the SEC, Take-Two revealed that they had renegotiated the deal and would receive $4.25 million instead of $6 million upon the release of the game. The filing also revealed that Take-Two was offering a $ 500,000 bonus if DNF was commercially released by December 31, 2006.

In 2007, the two companies entered into a second agreement.

It’s also been rumoured that George Broussard went to Take-Two to show DNF off and secure more funding, seeing as they were obviously in financial trouble. Take-Two made an offer, that instead of giving them $ 5 000 000, they would give them $ 30 000 000 if they gave them the Duke Nukem IP (Intellectual Property). Take-Two currently only have the publishing rights.

This rumour was denied by Scott Miller however, who stated that they "would have taken this offer without hesitation".

3D Realms closed down on the 6th of May 2009.

Now Take-Two is determined to get a hold of DNF one way or another, and not to mention get their money back.

Apogee Software Ltd. Is the legal name of 3D Realms, while Apogee Software LLC. is the name of the company which was resurrected last year and is responsible for Duke Nukem Trilogy along with Deep Silver. So, it looks as though neither Apogee Software LLC. nor Duke Nukem Trilogy will be affected by this move, hopefully.

Take-Two is looking to secure a copy of the Duke Nukem Forever source code, and also wishes to ensure that 3D Realms doesn’t let any assets loose. This is kind if bad news, seeing as there have recently been a lots of leaks on the net of demo reels, and concept art as well as screenshots, which Take-Two apparently doesn’t want happening. That’s why on most of the original sites which had them up, like the blogs belonging to former artists at 3D Realms, they’ve been taken down. But it’s too late, seeing as many other sites have them now in their galleries, and not to mention I have pretty much all of them too, and so do others.

Sources:

http://www.shacknews.com/onearticle.x/58651
http://www.shacknews.com/onearticle.x/58642
http://forums.duke4.net/index.php?s=&showtopic=932&view=findpost&p=16747
http://www.duke4.net/news.php?item.277.4

Kick Him When He’s Down: Take-Two Sues 3D Realms