Duke Nukem Forever: Take Two files an action - Update: 3D Realms fights back
Duke Nukem now fights on a juridical level. Take Two has filed an action because Apogee Software Ltd. aka 3D Realms has infringed the agreement by closing the studio and canceling the game.
The fight for Duke Nukem is not over yet. According to Bloomberg.com the publisher has filed an action against Apogee Software Ltd. aka 3D Realms.
Take Two secured the publishing rights for Duke Nukem Forever a long time ago. Take Two considers Apogee and 3D-Realm to have infringed their agreements by closing down the studio and canceling the game development.
According to Take Two Apogee had played along again and again - publisher and community had been assured numerous times that the game development would progress well. In the year 2000 Take Two invested 12 million US dollar for the publishing rights and renewed that agreement in 2007.
Background: The legitimate name of 3D Realms is Apogee Software Ltd. This company has nothing to do with Apogee Software LLC which is the developer of the handheld series Duke Nukem Trilogy.
Update May 19, 2009
There are more news about the former Duke Nukem Forever developers 3D Realms: Contrary to previous announcements 3D Realms has not closed down yet. 3D Realms still retains all rights of Duke Nukem and will continue to work as a company with a smaller team. However, 3D Realms admits that the developer team of Duke Nukem Forever had to be laid off due to financial problems.
Concerning Duke Nukem Forever 3D Realms has never received any money by Take Two. In July 2008 a payment of 2.5 million US dollars was made in connection with an unannounced game. 3D Realms itself spent 20 million USD on the development of Duke Nukem Forever.
In their statement 3D Realms puts the blame for the release of the DNF team on Take Two. 3D Realms had begun negotiations about funding the team but Take Two's financial agreement could not be accepted by 3D Realms. In the end the DNF team had to be released.
More interesting articles about 3D Realms:
• Duke Nukem developer 3D Realms is closing down - the end for Duke Nukem Forever?
• Duke Nukem Forever: New Screenshots and Video