Take Two Sues 3D Realms

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Here come the lawyers, Take Two is suing 3D Realms (scroll down). Too bad Duke Nukem sucked it down, I can just hear him telling the lawyers “What are you? Some bottom-feeding, scum sucking algae eater?”

“Apogee continually delayed the completion date for the Duke Nukem Forever,” Take-Two said in the complaint. “Apogee 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.” Take-Two said in 2000 it had an agreement with Apogee and paid $12 million for publishing rights to the forthcoming game. In 2007, the two companies entered into a second agreement.
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*Update* The crew at VE3D have posted scans of the actual court documents.
 
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Good for them...It's about time somebody held 3DR accountable for over 12 years of nothing!
 
Wasn't really a huge surprise that something like this might happen.
 
While reading through those articles, there was a link to this, where I found this quote:

May 2003: After another no show at E3, Take Two mentions in a financial results conference call that Duke Nukem Forever won't be out that year. George Broussard famously fires back by saying, "Take Two needs to STFU imo." He later adds, "Either we're absolutely stupid and clueless, or we believe in what we are working on. In the end, you guys will judge the final results."
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...I think the irony speaks for itself. :p
 
All that's left is for those that pre-ordered to join in a class action lawsuit against gamestop or whatever was called back them to get interest back
 
More fool T2, although not really sure what they intend to gain from this action...perhaps whatever is left of 3DR.
 
I hope Take Two gets George Broussard for everything he owns. There's no way you can legitimately work on a project like that for 12 years and not produce. This is what happens when you continually start over.

Screw George Broussard. He's been just an arrogant prick about Duke Nukem this whole time, and now this.

Maybe Take Two can get the rights to whatever was produced so far, finish it, and put a bunch of George Broussard pigs in the game for us to shoot. :)
 
Hulahoops said:
More fool T2, although not really sure what they intend to gain from this action...perhaps whatever is left of 3DR.
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They want the IP, whatever is finished of the game and anything else they can get of value. They will try to finish it, what 3DR wouldn't do....
 
fps4ever said:
They want the IP, whatever is finished of the game and anything else they can get of value. They will try to finish it, what 3DR wouldn't do....
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we can only hope so. Whatever happens. T2 need to bring Duke Nukem back into the light.
 
You know, all this talk about pre orders sparked something in my mind that I actually pre ordered the game from a company that doesn't exist any more...fuck. I don't even know WTF the place was called, but they closed down a couple of years ago.
 
RangerXML said:
You know, all this talk about pre orders sparked something in my mind that I actually pre ordered the game from a company that doesn't exist any more...fuck. I don't even know WTF the place was called, but they closed down a couple of years ago.
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I think this is just one more reminder of how pathetic the whole DNF fiasco was. :p
 
im sorry this is just a shameless IP grab they want the work thats been done to be delivered to them so they can preserve the intergrety of the source (hijack it) and then take the Duke Nukem IP. if take two gave any money to 3dr the game would have a date instead of wid. comgrats take two i will never touch another game from you forever
 
even if dnf gets finished by take two and released NEVER TAKE TWO YOU HEAR YOU LOST A CUSTOMER FOR LIFE I ENCOURAGE EVERYONE TO JOIN ME!
 
Good for Take 2. Good for US. I lost all hope that 3DRealms had any intention of actually releasing the product. I would not be surprised if it was just a way for the execs at 3DR to line their pockets. The market for a new Duke is incredible. It is a very very valuable IP. If Take 2 really did give 3DR 12 nillion, then they fully deserve whatever product is available when 3DR goes down.

Lets hope they give the content to Rockstar. The story and dialog seems right up Rockstar's alley, they just need to make sure the gameplay aspect goes to one of their other studios...
 
maxius said:
im sorry this is just a shameless IP grab they want the work thats been done to be delivered to them so they can preserve the intergrety of the source (hijack it) and then take the Duke Nukem IP. if take two gave any money to 3dr the game would have a date instead of wid. comgrats take two i will never touch another game from you forever
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Sorry, but that just sounds extremely naive.

From what I understand, they gave them 12 million. When Douche dude asked for 5 more they said no, but offered 30 to purchase the ip. He told them to piss off.

Unless he can repay them in full, I don't see how anyone would have a problem w/ them making a grab for the ip. Douche dude was a shitty manager and couldn't finish the game. It's to be expected they would try to recoupe / salvage their investment.

So yeah, even though he couldn't do more than run a competent team (looking at some of the wip's, they certainly did have proper artists) into the ground, he had the opportunity to "walk away" with a shitload of $$. Instead he spat in their face and now they want their money back (one way or another...cash / i.p. doesn't matter). Sorry, but this is no surprise and I have no sympathy tbh.
 
wow, just looked it up. They own 2k Games, the serious sam guys, the Bioshock guys... This is definitely a win for the FPS gamer community.
 
Sue them for what? They paid for publishing rights, and as far as I know, they still have them.
 
maxius said:
even if dnf gets finished by take two and released NEVER TAKE TWO YOU HEAR YOU LOST A CUSTOMER FOR LIFE I ENCOURAGE EVERYONE TO JOIN ME!
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Why is Take 2 the bad guy here? If you spend money, you normally expect something in return.

And we're not talking small change here. Take 2 is out of pocket at least $12 million. Perhaps losing $12 million might not sound like much to you, but I still think it's a huge amount of money for a computer game.
 
jimmyb said:
Sue them for what? They paid for publishing rights, and as far as I know, they still have them.
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Without knowing the details of the legal contact, surely there must be something in the there about delivery and timescales, penalties etc. If not, must be a pretty badly negotiated contact for take 2. But even then, if they can prove that they took the money and are just messing around, not really seriously working on delivery anything, you can argue along the lines of fraud.

Who knows, but this is bad business either way. It's either a legal or illegal rip-off of $12 million, even if intentions "might" have been good at the start.
 
I really hope take two gets something out of this but at the same time, the curse that is DNF, I'd be a little scared to have my company name even associated with the title at this point.
 
echn111 said:
Why is Take 2 the bad guy here? If you spend money, you normally expect something in return.

And we're not talking small change here. Take 2 is out of pocket at least $12 million. Perhaps losing $12 million might not sound like much to you, but I still think it's a huge amount of money for a computer game.
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ok were do you see that anyone paid 3dr money for publishing rights i see that take two inherited the rights from something in the 90's proof here

http://www.yougamers.com/articles/1820_scott_miller_-_the_man_who_would_be_king-page4/

"Given the publishing experience of 3DRealms and their willingness to tackle difference platforms, it made sense to enquire as to what lies ahead for DNF too. For example, are Take 2 Interactive Software still publishing Duke Nukem Forever? Given the amount of experience 3D Realms has in the production area, it might make more sense for 3DRealms to do this themselves:

Scott: Possibly, but Take2 has inherited the agreement we originally signed with GT Interactive back in the 90’s. This agreement does allow us to direct sale the game, such as through an online digital service, and we plan to take full advantage of this."


and then we have this

http://www.shacknews.com/laryn.x?id=6846402

not to mention this

http://www.shacknews.com/laryn.x?id=7653477

what t2 wants is the 12 million they paid info games that again did not give 3dr 1 dime for the rights to the product all t2 has is publishing rights that is for a finished product payable upon delivery to them they have not a leg to stand on and trying to take the gamers side in this is bullshit they want to kick 3dr when down and get the source of 12 years work and the ip so they can run duke into the ground
 
maxius said:
ok were do you see that anyone paid 3dr money for publishing rights i see that take two inherited the rights from something in the 90's proof here

http://www.yougamers.com/articles/1820_scott_miller_-_the_man_who_would_be_king-page4/

"Given the publishing experience of 3DRealms and their willingness to tackle difference platforms, it made sense to enquire as to what lies ahead for DNF too. For example, are Take 2 Interactive Software still publishing Duke Nukem Forever? Given the amount of experience 3D Realms has in the production area, it might make more sense for 3DRealms to do this themselves:

Scott: Possibly, but Take2 has inherited the agreement we originally signed with GT Interactive back in the 90’s. This agreement does allow us to direct sale the game, such as through an online digital service, and we plan to take full advantage of this."


and then we have this

http://www.shacknews.com/laryn.x?id=6846402

not to mention this

http://www.shacknews.com/laryn.x?id=7653477

what t2 wants is the 12 million they paid info games that again did not give 3dr 1 dime for the rights to the product all t2 has is publishing rights that is for a finished product payable upon delivery to them they have not a leg to stand on and trying to take the gamers side in this is bullshit they want to kick 3dr when down and get the source of 12 years work and the ip so they can run duke into the ground
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What's NOT to gain from this? Do tell me. The artists and coders that lost their job might be able to get their job back. It might finally get published and us gamers are the ones that benefit the most.

I seriously fail to see why you are painting take2 as the bad guys. In other words, you fail.
 
maxius said:
im sorry this is just a shameless IP grab they want the work thats been done to be delivered to them so they can preserve the intergrety of the source (hijack it) and then take the Duke Nukem IP. if take two gave any money to 3dr the game would have a date instead of wid. comgrats take two i will never touch another game from you forever
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I need whatever you've been smoking. Screw 3DR and George. Why would you sink money into a bottomless pit. If anything's shameless, it's the fact that 3DR thought they could turn on the PR machine to get cash so they could continue squandering their time playing WoW.
 
Oh and I just re-read your post. I can't understand anything you typed at all. My response was just a general response to those that think Take 2 are bad guys.
 
what i am saying is take two is trying to legally steal the duke ip from them and i dont give a fuck STEALING IS WRONG
 
they are attempting to jack the ip and source code when they legally never gave 3dr a fucking dime would you want me to legally steal you hard work and your idea i don't fucking think so
 
maxius said:
they are attempting to jack the ip and source code when they legally never gave 3dr a fucking dime would you want me to legally steal you hard work and your idea i don't fucking think so
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It said Take Two paid them 12 million dollars for publishing rights. Take 2 is out of 12 million dollars. Explain to me how Take 2 didn't give them a dime?
 
soulesschild said:
It said Take Two paid them 12 million dollars for publishing rights. Take 2 is out of 12 million dollars. Explain to me how Take 2 didn't give them a dime?
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were do you see take two gave them one red penny i demand to know your source.

and now in case you missed it the 1st time

http://www.shacknews.com/laryn.x?id=7653477

"By: Cygnus X-1 x
Isnt 3dr financing Duke THEMSELVES? WTF does their publisher have to do but wait for for it to be done?
May 29, 2003 3:08pm CST

By: GeorgeB3DR
Exactly. Take Two needs to STFU imo."




http://www.shacknews.com/laryn.x?id=6846402

"By: Scott3DR x
The write-off has to do with the fee that Take2 paid to Infogrames to buy the rights to DNF. 3DR got no part of this money -- a total of $12 million.

The reason Take2 did this is that it's a smart revenue management move: Take a markdown now while Vice City is super successful and overall revenues are sky high, then when DNF comes out it's 100% pure profit (because they took the write-down well before the game came out).

Genius."

3dr got no money from them! hell i can not even find anything that says infogames giving 3dr any money for the publishing rights to the game

now they are demanding the source code to keep it safe? it is a legal attempt to steal 12 years of work and the duke nukem intellectual property. plain and simple english take two didnt fund 3dr no money went from t2 to 3dr's hands and now they want the source
 
fuel to the fire

http://www.gamespot.com/pc/action/dukenukemforever/news.html?sid=6152687

"Broussard went on to outline the current status of Duke Nukem Forever. "Our deal is simple," he said. "We're making the game. It'll be done when it's done. We've funded 99.999% of the game (aside from a very, very small advance from GT Interactive, years ago, before Take 2 bought the game from them). It's our risk, our necks and our gamble. Under the deal we should be earning royalties from about unit 30,000 or so (that's a real small number)."
 
maxius said:
fuel to the fire

http://www.gamespot.com/pc/action/dukenukemforever/news.html?sid=6152687

"Broussard went on to outline the current status of Duke Nukem Forever. "Our deal is simple," he said. "We're making the game. It'll be done when it's done. We've funded 99.999% of the game (aside from a very, very small advance from GT Interactive, years ago, before Take 2 bought the game from them). It's our risk, our necks and our gamble. Under the deal we should be earning royalties from about unit 30,000 or so (that's a real small number)."
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dude, that is all irellevent now. that was 2006. its 2009, they ran out of money and are bankrupt. they wont be finishing jack. if take 2 did give infogrames(ubisoft) 12 mill, maybe you should be mad at them for not giving 3drealms any of it.

3drealms is finished. it doesnt matter where the money goes anymore, they dont exist. its better someone that will actually release something, take over.
 
LeviathanZERO said:
dude, that is all irellevent now. that was 2006. its 2009, they ran out of money and are bankrupt. they wont be finishing jack. if take 2 did give infogrames(ubisoft) 12 mill, maybe you should be mad at them for not giving 3drealms any of it.

3drealms is finished. it doesnt matter where the money goes anymore, they dont exist. its better someone that will actually release something, take over.
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were did you see the bankrupt part all i seen is the studio closing they are not bankrupt the studio still legally exists. please do some research before you come here and post wild accusations . AGAIN T2 never paid 3dr a dime all t2 has is the rights to publish the game. that they acquired 3rd-handly from infogames that got it second-handly from gt interactive, that was the principle holder to the rights to publish. any money given from gti to 3dr back in the day does not ammount to 12 mil and does not ammount to t2 having any right to any money from 3dr or one line of code till the game is completed end of story the whole thing is 99.9% all funded by 3dr t2 can go fuck themselves
 
their will be no take over take two is trying to steal 3dr's ineffectual property (duke nukem ip and dnf's source) and this will not fly far since they have no claim to it
 
maxius said:
their will be no take over take two is trying to steal 3dr's ineffectual property (duke nukem ip and dnf's source) and this will not fly far since they have no claim to it
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Holy crap, you are a moron. Learn a thing or two about publishing contracts. Whether or not T2 gave 3D Realms money, they were under contract to finish the game and T2 bought the publishing rights with the expectations that a product would be produced. 3DR did NOT produce a product and instead closed shop. T2 is fully within their legal rights to demand to be paid back for a broken contract.
 
Derangel said:
Whether or not T2 gave 3D Realms money, they were under contract to finish the game and T2 bought the publishing rights with the expectations that a product would be produced.
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How do you know this? T2 bought the publishing rights; this is all we know.

3DR may or may not have been under contract to finish the game; neither of us know since we haven't seen the contract.
 
fps4ever said:
Good for them...It's about time somebody held 3DR accountable for over 12 years of nothing!
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Accountable for what????:confused:
It's a bloody game, not an artificial heart.
It was never produced, so it's not like they put out a steaming pile like, say, Daikatana.

They've gotten their reward for their (in)actions; they've run out of money and closed shop.
Due to legal agreements, they will probably have to surrender any remaining assets to pay of their debtors.
 
jimmyb said:
How do you know this? T2 bought the publishing rights; this is all we know.

3DR may or may not have been under contract to finish the game; neither of us know since we haven't seen the contract.
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Ummm..You HAVE to create a contract for publishing. Whether they got a new one with 3DR or just took the one from Infogrames, there would have been a contract. Contracts have to be laid out detailing the deals between publisher and developer. Without a contract there would be absolutely nothing forcing 3DR to use T2 as a publisher. Nothing to say they could go to another studio for publishing. Nothing saying that T2 would have to give 3DR a penny of the sales from the game.
 
jimmyb said:
How do you know this? T2 bought the publishing rights; this is all we know.

3DR may or may not have been under contract to finish the game; neither of us know since we haven't seen the contract.
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Having publishing rights simply means that if/when a game comes out, it is marketed/distributed through your company.
Unless it was specified in a contract, publishing rights has zero to do with IP.

3DR closing shop is not the same as going bankrupt, but they have creditors.
They will have to declare bankruptcy if unable to pay of their debts, including the $12mil from T2.

If 3DR were to go bankrupt, however, Take2 would be one of their creditors; probably one of the primary ones.
In that event, they would be legally owed any money or assets that 3DR could come up with to pay off the $12Mil T2 gave them for publishing rights, including any IP.
 
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