Take-Two v. 3D Realms Court Documents Materialize, 3DR's Scott Miller Responds

By Nick Breckon, May 15, 2009 10:58am PDT The first legal documents filed by publisher Take-Two in its lawsuit against Duke Nukem Forever developer 3D Realms have been released.

The documents amount to a call for a restraining order and a preliminary injunction, essentially a move to force 3D Realms to keep the Duke Nukem Forever assets intact during proceedings.

The order would force 3D Realms to "mantain and enforce all security measures necessary to preserve the integrity of [the Duke Nuke Forever source] code," as well as prevents them from "disclosing, distributing transfferring or selling...any proprietary information related to DNF."

Take-Two claims that it is owed "millions of dollars" by 3D Realms for breaking an agreement to finish the game. The publisher also requested a copy of the existing Duke Nukem Forever source and object code "to ensure the code is preserved and remains unharmed during the pendency of this lawsuit."

Meanwhile, 3D Realms co-founder Scott Miller last night issued the first public comment from the company on Shacknews. Miller was replying to a user question of whether 3D Realms saw any of the $12 million that Take-Two paid Infogrames for the DNF publishing rights in 2000.

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

Miller added that 3D Realms will have more to say on the matter "soon"--though Take-Two expects to go to trial no earlier than 9-12 months.

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39 Threads | 218 Comments*

  • Here's the way I see it. Of course we don't know shit and it's all speculation, and I'm most probably wrong, but it's saturday and I've got nothing better to do :)

    What this lawsuit tells us is pretty positive for DNF fans hoping this game will see the light of day sometimes. Here's why.

    There obviously isn't much money left at 3DRealms to warrant a lawsuit, and from what I can gather there's no way in hell they would ever be the legitimate owner of DNF's codebase. What I assume Take Two wants to do with this lawsuit, is not so much getting 3DR's money and assets (thought they wouldn't say no to that obviously), but prevent Broussard and Miller from continuing development of this game under a different name, so as to evade their obligations with Take two.

    That means we can speculate that 3DRealms is not so much shutting down as it is starting under a new name, probably with a reduced team, and probably changed the name of the game, so that it doesn't have to respect the publishing contract they had a long time ago. Yes, this lawsuit could indicate that the development of DNF has only been temporarily paused while Broussard and Miller are busy reorganizing, to continue development of DNF free of their obligations towards a publisher that isn't being cooperative.

    What do you say?

  • G.O.D had the rights to Publish DNF. GODs Parent company was....Take 2.
    Read Millers own words on 3D Realms Site.

    [b]Mille/b]: [i]When Infogrames bought GT Interactive, they did seem to lean a little more toward family oriented games, and though that was a small concern for us it wasn�t the impetus for this deal. It was really just a case of both companies, through discussions that began near six months ago, realizing we were no longer the best fit for each other and that the best thing to do was find a new publisher. Take-Two was an obvious choice for us because of our existing relationship with them, including our other big production, Max Payne.[/i]

    [i]Under the deal, The Gathering will publish Duke Nukem Forever for the PC and [b]Take 2[/b] will own the rights to the entire back catalog of PC and video game Duke Nukem titles, as well as rights to future products.[/i]