NationStates Jolt Archive

http://www.dmwmedia.com/news/2009/05/15/take-two-sues-3d-realms,-apogee-over-%2526quot%3Bduke-nukem%2526quot%3B-game

New York - Video game publisher Take-Two Interactive (NASD: TTWO) has filed suit against developers 3D Realms and Apogee Software, for failure to deliver the long-awaited PC game "Duke Nukem Forever," Bloomberg reports.

3D Realms last week announced that it would shut down, and laid off all employees.

Take-Two reportedly paid $12 million for the rights to publish the game, which has been in development for over ten years.

"Apogee continually delayed the completion date for the Duke Nukem Forever," Take-Two alleges in the suit.

"Apogee repeatedly assured Take-Two and the videogaming community that it was diligently working toward competing development of the PC version of the Duke Nukem Forever."

Normally I wouldn't post about anything relating to Duke Nukem, not really being a fan of the series, but I thought this was very interesting. Duke Nukem Forever has a reputation for being the literal definition of vaporware, in that it was considered a game that would never come to exist.

I also posted this to provoke discussion about lawsuits in general. Does Take Two have a legitimate case here? I think they do because lately we've seen signs that Duke Nukem Forever was actually truly being worked upon. (As some may have realized, there has been footage of the game leaked by former 3DRealms employees.) As such, Take Two has every right to lay claim to what were essentially wasted resources.

How much money has gone into that nothing? I want money for not making something.

And I agree with Take Two. It would have been better if they released a broken game so we could make fun of it for the next three decades.

How much money has gone into that nothing? I want money for not making something.

And I agree with Take Two. It would have been better if they released a broken game so we could make fun of it for the next three decades.

a broken game with an open source isn't so bad.

a broken game with an open source isn't so bad.

Sounds suspiciously like working for fun...

Sounds suspiciously like working for fun...

except they can't profit from others programming.
A lot of people like to programing for fun.

I want money for not making something.
Money for nothing and the chicks for free?

THIS JUST IN: Opening arguments are expected to start in 2012 -- no, 2013 -- no, 2014 -- no...

Huh, I always thought of Starcraft: Ghost as the ultimate example of vaporware. I wasn't even aware Duke Nukem Forever was in development for so long.

THIS JUST IN: Opening arguments are expected to start in 2012 -- no, 2013 -- no, 2014 -- no...

/thread.

Money for nothing and the chicks for free?

Now that ain't working that's the way to do it

Now that ain't working that's the way to do it

You play your guitar on the mtv

And I agree with Take Two. It would have been better if they released a broken game so we could make fun of it for the next three decades.

Like Battlecruiser 3000AD? :D

THIS JUST IN: Opening arguments are expected to start in 2012 -- no, 2013 -- no, 2014 -- no...

Will their attorneys sue them for putting off the law suit too long ?

Will their attorneys sue them for putting off the law suit too long ?


Not as long as they're being paid, no.

How much money has gone into that nothing? I want money for not making something.

And I agree with Take Two. It would have been better if they released a broken game so we could make fun of it for the next three decades.

Then design hi-tech military vehicles.

If 3DRealms don't have the money to continue to stay in business, what does Take Two hope to get from them? Office supplies?

If 3DRealms don't have the money to continue to stay in business, what does Take Two hope to get from them? Office supplies?

The claim would added to 3DRealms debts, and then they'd receive a percentage of the sale of 3DRealms assets as worked by the proportion of debts they hold against 3Drealms vs the proportion of debts that everyone else holds against 3DRealms.

/TMI.

The claim would added to 3DRealms debts, and then they'd receive a percentage of the sale of 3DRealms assets as worked by the proportion of debts they hold against 3Drealms vs the proportion of debts that everyone else holds against 3DRealms.

/TMI.

Bah, stupid sensible option. I preferred the idea that Take Two would send lawyers into the offices of 3DRealms to take chairs and red swingline staplers.

A fair share of the divisions of company assets. 3DRealms will have all sorts of material assets - computers, office equipment, maybe own their own building. That will all be liquidated, and the funds, along with anything left in the corporate accounts, will be first paid to the company's creditors and then whatever's left will be distributed amongst the shareholders. TakeTwo wants to be considered a creditor with a debt outstanding.

And note that 3DRealms is going out of business, NOT filing for Bankruptcy. That means they think they still have enough assets to cover all debts free and clear. With modern business practice of operating on credit, that means at least a few million.

Then design hi-tech military vehicles.

I have the sharks, I have the lasers and I have helmets. An idea is forming...

I have the sharks, I have the lasers and I have helmets. An idea is forming...

Obviously you are going to build helmets made of lasers that fire sharks.

If 3DRealms don't have the money to continue to stay in business, what does Take Two hope to get from them? Office supplies?

.....the joy from their lives, presumably. It would be interesting if what exactly the fuck they've been doing over the years came out.

.....the joy from their lives, presumably. It would be interesting if what exactly the fuck they've been doing over the years came out.

http://imgs.xkcd.com/comics/compiling.png

Mouseover text: 'Are you stealing those LCDs?' 'Yeah, but I'm doing it while my code compiles.'

You know, this thread title would be much better if it was punctuated slightly differently, and otherwise altered slightly...

"Take two Sues, 3 D-realms, nuke 'em forever over Duke."

I take it from Betty Crockett's Guide To Cooking Superheroes and Video Game Makers.

They may take our lives, but they'll never take our DNF!