ZeniMax Media, the parent company of Doom creator id Software and Fallout 3 developer Bethesda, has now acquired the rights to the gravity-bending shooter franchise Prey.

While the company has yet to make an official statement, superannutation dug up a document that shows Radar Group transferring ownership to ZeniMax in July, backing up an overlooked report from Duke4.net. More recently, ZeniMax registered the Prey trademark under video games, books, movies, and television shows.

The first Prey (PC, X360) made it to stores in 2006 care of Human Head, which had worked with then-property owner 3D Realms on the long-in-development project. A sequel was later announced by Radar Group--a so-called entertainment incubator formed by 3DR exec Scott Miller--but nothing has been said since. Going by the USPTO, Radar handed the rights to ZeniMax within a month of getting them from 3DR.

The mysterious "well-known videogame developer" behind new Duke Nukem series entry "Duke Begins" is Gearbox Software (Brothers in Arms, Aliens: Colonial Marines, Borderlands), Take-Two has revealed in court filings uncovered by Shacknews. Gearbox was named within Take-Two's answer to a counterclaim filed by series creator 3D Realms/Apogee Software Ltd. The increasingly complicated lawsuit sees publisher Take-Two going after 3D Realms for the incomplete state of the long-in-development shooter Duke Nukem Forever, with 3D Realms labeling the lawsuit as a "bully tactic."

Duke Begins emerged from a 2007 Agreement between 3D Realms and Take-Two, with development taking place at an external third party studio now known to be Gearbox. As part of the deal, 3D Realms received a $2.5 million advance to help fund... Read more

Duke Nukem series creator 3D Realms/Apogee Ltd. has responded to publisher Take-Two's lawsuit over the incomplete state of Duke Nukem Forever, revealing that 3DR is continuing to work on the long-delayed title alongside word that a previously unknown separate Duke game was in the works at a "well-known videogame developer."

The new effort, titled "Duke Begins," was part of the October 2007 Agreement that saw Take-Two provide 3D Realms with $2.5 million. That sum was paid July 2008 in order to "help fund the development of the DNF game," with 3D Realms having previously said the money was "in connection with another agreement for an unannounced game."

The Take-Two-published Duke Begins was slated for release by mid-2010, with development set to begin within 2 months of the October 2007 agreement and 3D Realms stating that it needed to approve "any changes to that... Read more

Update: 3D Realms/Apogee Ltd. founder Scott Miller has chimed in with his thoughts:

Do readers here realize that filed lawsuits are entirely one-sided statements, based on knee-deep BS and with more spin that[sic] a top?

3DR has been in nearly a dozen lawsuits (including against Warner and Fox). We're always innocent, and we always win. This one is no exception. Give it a year, then the truth will come out.

Original: More documents relevant to the ongoing courtroom drama between Duke Nukem Forever developer 3D Realms/Apogee Ltd. and publisher Take-Two have been released, shedding new light on the circumstances that lead to the termination of the game's dev team and the subsequent lawsuit over the game's incomplete state.

The team handling the long-in-development shooter was let go on May 6, with 3D Realms later explaining that this stemmed from funding issues after negotiations with Take-Two fell through and the publisher made an "unacceptable" last minute proposal "to acquire the Duke Nukem franchise and the 3DR development team."

The court documents reveal that those negotiations were related to an Xbox 360 port of the anticipated game, which Apogee subsidiary 3D Realms was crafting for the PC.

In early 2009, Take-Two "solicited" 3D Realms to see if the studio could co-develop an Xbox 360 edition. In the following negotiations, 3D Realms apparently "demanded that Take-Two fully fund Apogee's reaching certain milestones" if it was... Read more

Following the sudden shut down of Duke Nukem Forever developer 3D Realms last week, rumors began to circulate that the studio had opted to close instead of selling the overall Duke Nukem property to publishing partner Take-Two for some $30 million. Now, 3D Realms co-founder Scott Miller has outright denied those rumors, telling Shacknews that the studio "would have taken this offer without hesitation" if it meant finishing DNF, indicating that the reality is "Not. Even. Close." to the rumors.

Responding to one reader that claimed they would have "sold the IP in a heart beat and created a new IP with that 30 million," Miller said "Hell, I would have also... Read more

Update: Documents for the case have appeared online, revealing that, among other things, Take-Two is demanding a copy of the Duke Nukem Forever source code.

Original: Take-Two Interactive, publisher of Duke Nukem Forever, has filed suit against the remains of Apogee Ltd./3D Realms for failing to deliver the long-awaited title.

Take-Two claims that an agreement to finish the shooter was breached when 3D Realms shut down development last week. At the time of the studio's closing, Duke Nukem Forever had been in development for over 12 years.

"Apogee continually delayed the completion date for the Duke Nukem Forever," says Take-Two in the complaint, according to Bloomberg. "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 paid $12 million to former DNF publisher Infogrames for the exclusive publishing rights to the game in 2000. According to the publisher, a second unspecified agreement was struck between Take-Two and 3D Realms in 2007.

Following the closure last week, Take-Two spokesman Alan Lewis confirmed that the publisher was not providing 3D Realms with "ongoing funds... Read more

3D Realms community manager Joe Siegler has updated the official company website with a photo of the team (seen left) and a simple goodbye.

"Thanks for being fans and for all your support," reads the short message.

Siegler tells us that the photo, taken today, preceded a team visit to the local cinema for a showing of Star Trek. A full 3D Realms staff page, once kept for internal use, has also been made public.

The news broke yesterday that after some 12 years of development on Duke Nukem Forever, 3D Realms had been forced to shut down due to funding issues.

While all 3D Realms employees have been let go, representatives have since confirmed that publisher Apogee Software is still in operation, and that Frontline Games' Duke Nukem Trilogy of handheld titles will make it to stores.

Whether we'll ever see a Duke Nukem Forever is another matter. Publisher Take-Two retains the publishing rights to the title, while 3D Realms, which owns the rights to the game and Duke IP, has made no signal as to its plans.

Either way, our sympathies again go out to the affected employees. Thanks for the memories, 3DR.

Update 5: More images and some DNF gameplay footage have surfaced.

Update 4: Images from 3DR's Duke Nukem Forever have started to leak.

Update 3: 3D Realms webmaster Joe Siegler has commented on the shut down, stating: "It's not a marketing thing. It's true. I have nothing further to say at this time."

Siegler's post also reflects the unexpected nature of the situation, as he was unaware of the impending shut down during an interview conducted yesterday afternoon.

Update 2: Duke Nukem Forever publisher Take-Two has confirmed to Shacknews that it was not funding ongoing development of the 3D Realms project.

"We can confirm that our relationship with 3D Realms for Duke Nukem Forever was a publishing arrangement, which did not include ongoing funds for development of the title," said Take-Two VP of communications Alan Lewis in a prepared statement.

"In addition, Take-Two continues to retain the publishing rights to Duke Nukem Forever," he added.

Update: Apogee Software LLC and Deep Silver have issued a statement to Shacknews, confirming that the situation at 3D Realms has not affected the development of Frontline Games' upcoming handheld Duke Nukem Trilogy.

"Deep Silver and Apogee Software are not affected by the situation at 3D Realms," a representative for the companies told us. "Development on the Duke Nukem Trilogy is continuing as planned."

Original story: A very reliable source close to Duke Nukem Forever developer 3D Realms today confirmed to Shacknews that the development studio has shut down.

The closure came about as a result of funding issues, our source... Read more

Scott Faye, producer of the upcoming Max Payne film adaptation, is working on a Duke Nukem movie with Scott Miller, CEO of game series creator 3D Realms.

"As is the case with all of my game adaptations, I'd rather not make the movie than make a poor adaptation," Faye told Kotaku. He added, "I'm working at establishing a Duke film scenario that will compel a studio to finance a feature version. Certainly, there's a large audience that knows and loves this character."

According to the report, Miller's Radar Group will be involved in every step of the film's production. "Why go out of your way to acquire an [intellectual property] if you're not going to use as much of it as you can in the adaptation process?" Faye asked.

Details on the film were scant, but Faye promised to stay faithful to the series: "We're expanding Duke's 'storyverse' in a very significant major way without abandoning or negating any element that's being used to introduce Duke to the next gen platforms."

Faye also told Kotaku about Max Payne star Mark Wahlberg's interest in making a sequel as well as his method for video game adaptation, saying, "If I'm going to play a videogame based on a feature film, the last thing I want to do is play through the film narrative."

The Shacknews editorial staff humbly reminds readers that a Duke Nukem film is actually old news.

Following last week's E3 2008 Media and Business Summit, several industry veterans have weighed in on the usefulness of the conference, with many remarking that the show has outlived its usefulness.

However, Academy of Interactive Arts and Sciences president Joseph Olin told Shacknews that no company wants to be excluded from E3, noting that the conference is still the largest annual gathering of its kind in the gaming industry.

"The venue itself, I don't think E3 is as exciting as the products that are within it," Olin added. "I think, perhaps [at] the old E3, the frame overpowered the print. And now, I think it really is the opportunity to focus on the work, which is the most important thing."

Olin's comments bear sharp contrast to remarks made by several industry leaders. Electronic Arts CEO John Riccitiello offered harsher words for the revised E3, which as of 2007 has shifted towards an invitation-only arrangement for attendees... Read more

The follow-up to Human Head's first person shooter Prey has been officially confirmed to be in development via a now-removed website for the new middleman company Radar Group.

Though few details were revealed, a small piece of concept art (pictured left) was posted, in addition to a short sentence of plot detail. Following our initial report, the bulk of the website was taken offline.

"This time, abandoned and framed for the disappearance of his family, Tommy escapes an Earth that no longer wants him for a future that cannot survive without him," reads the description.

While 3D Realms' Scott Miller made mention of a sequel following the original game's release, today marks the first update on the project in nearly two years.

Prey 2 was listed for release on PC and Xbox 360, but no other specifics have been released thus far, including whether Human Head will reprise its role as developer. The studio currently has no known projects.

A new middleman production company lead by 3D Realms founder Scott Miller and industry veteran Jim Perkins has been announced by way of a now-removed website.

Radar Group referred to itself as an "original IP incubator," with the goal of managing original gaming projects that can be further developed into cross-media properties such as "films, TV shows, novels and toys."

"We design games from the ground up with an equal emphasis on storytelling and gameplay," reads a statement on the company's website.

"We build into our original, co-created IP the hooks to make for both a great game and a great film. You don't have to look far for proof that our new approach will work; sales charts every year greatly favor IP born within our industry."

Miller will serve as the company's chief creative officer, with Jim Perkins taking on the role of CEO. Following our initial report, the bulk of the website was taken offline.

Some of the first games the group will take on were listed, including original IP from 3D Realms and such as Prey 2 and Recoil Games' Earth No More. Two unannounced titles were also listed, in addition to a third person adventure game titled Incarnate.

Darin Scott and Edward Polgardy of Cinemagraphix Entertainment have filed a lawsuit against 3D Realms over Earth No More, saying the Duke Nukem Forever developer stole their idea, reports Next Generation.

Announced last year, Earth No More is a first person shooter in development at Recoil Games, produced by 3D Realms. In the game, "a growth of deadly red vines and mutating spores have overtaken the world, perverting whatever they encounter."

That premise, as well as the name 'Earth No More', is pretty much what Scott and Polgardy pitched to several game developers--including 3D Realms--in 2005, according to the lawsuit.

According to the plaintiff, anyone can see similarities between what was pitched and what 3D Realms announced, noting, among other things, a similarity in concept art.

"First of all, the title 'Earth No More' is a title that I haven't been able to find in the title of any intellectual property out there," said the plaintiff's attorney Tre Lovell. "There's no movie, TV show, book, play, anything like that which has the title 'Earth No More'."

Scott and Polgardy are seeking damages under the US Copyright Act, additional statutory damages of up to $150,000 plus attorney fees, and an injunction against the distribution of the game.

Update 3: 3D Realms co-founder George Broussard has officially chimed in on the matter, explaining the Dallas Business Journal's erroneous report of a Duke Nukem Forever release date and console versions as a misunderstanding of "off the record" information.

"While we have internal targets, dates and goals, like every developer, we are not ready to share them," Broussard posted on the official 3D Realms forums. "The release date is still 'when it's done', and will be until the appropriate moment. Platforms have not been finalized or announced. "

"You can rest assured that we are moving toward a goal and that the recently released teaser trailer is the start of that process and seeing more of the game, sooner than later," he concluded. "We apologize to gamers and websites everywhere for this series of events. Sometimes, you can be too trusting of people and assume things that come back to bite you."

Update 2: The Dallas Business Journal has made several corrections to its initial report, clarifying that Duke Nukem Forever is internally projected by developer 3D Realms to release this year, with a strong possibility that Xbox 360 ... Read more

Following yesterday's screenshot release, Shacknews is pleased to premiere the first new Duke Nukem Forever teaser trailer in over six years. According to George Broussard of developer 3D Realms, the approximately minute-long video was originally created internally for the purpose of holiday festivities and marks the beginning of further media unveilings surrounding the notoriously long-in-development first- person shooter.

"The release is still 'when it's done,' but you can expect more frequent media releases and we're not changing engines again and we have considerable work behind us," Broussard told Shacknews today when asked about a release date.

Get the Flash Player to see this player.

Registered users can also use the HD stream or download the HD trailer.

The trailer features the work of longtime Duke voice actor Jon St. John as well as prolific game composers Jeremy and Julian Soule. Several captures from the video are available below.

Platforms for the game were not confirmed, but when asked today whether Xbox 360 in addition to PC is likely, Broussard's response sounded positive though not definitive. "I don't think we've stated that yet for the record but your observations are probably correct," he conceded.

First announced for PC in 1997 as a followup to the studio's classic Duke Nukem 3D, Duke Nukem Forever is known to have gone through several significant development iterations. Its last major showing was at E3 2001 with its impressive gameplay trailer; the current Duke Nukem Forever is said to share little in common with that game. For more on the history of Duke Nukem Forever, check out Nick Breckon's feature, published today.

"It's basically a restart as the tech changed and we've been on this version of the game since 2004 or so," Broussard said today. "The released media up to this point are not longer relevant other than for curiosity purposes."

Update: The teaser trailer has been released. Check it out now!

Prepare to hail to the king, baby. George Broussard of 3D Realms has confirmed on his company's official forums that a teaser trailer for the long (long, long) awaited Duke Nukem Forever will be released tomorrow around noon Central time. (Update: Now released!)

Though the video is just a minute-long teaser, it will contain gameplay footage, and Broussard promised more on Duke Nukem Forever is on the way. Along with the announcement came a single teaser screenshot of Duke.

"Last Saturday we had our annual company Christmas party. It was a lot of fun as usual but it featured one special surprise," explained Broussard. "It turns out that several people had been secretly working late nights and into the wee hours of the morning preparing a special video for those at the party. They created a short teaser for Duke Nukem Forever. After seeing the teaser we thought it was something we should share with all of you and while it's just a teaser, rest assured more is coming."

Broussard confirmed that Duke Nukem 3D voice actor Jon St. John is returning to play his titular role, and credited noted video game music composers Jeremy and Julian Soule. This will mark the first new Duke Nukem Forever video in six years, when 3D Realms released the now-classic E3 2001 trailer.

Little has been heard about the legendary Duke Nukem Forever recently, but Duke series developer 3D Realms does want to bring its classic 1996 shooter Duke Nukem 3D to Xbox 360's Xbox Live Arcade.

News of the studio's desire to develop the port came in our very own chat comments from 3D Realms' George Broussard, who said the studio could develop a Live Arcade version of the game if Microsoft is interested.

"Truth be told, we've talked to Microsoft about it and have some people that would port it," he wrote. "Just waiting on the good word from Microsoft to continue."

This wouldn't be the first time the series has made it to consoles. Nintendo 64, PlayStation, and Game Boys Advance and Color have all hosted Duke.

Broussard confirmed the accuracy of his post to Shacknews, but declined to comment further.

In what 3D Realms co-founder Scott Miller described as a "sucker punch", the Duke Nukem series developer has come under fire from the Entertainment Software Rating Board due to the use of outdated ESRB imagery on its official website.

Last week, the developer received a letter from the ESRB, which it forwarded to Shacknews, listing over 30 instances of its website violating the ESRB's Terms and Conditions Agreement. Most of the violations stemmed from 3D Realms' use of "old pixilated" rating icons and the lack of content descriptors, such as "Blood" and "Nudity." Steps to obtain the proper rating icons and content labels were not provided, though the letter contained contact information for an ESRB representative.

The ESRB specified that 3D Realms had only 10 days to comply before facing penalties. Actions available to the ESRB, as described in the letter, depend on the severity and the frequency of the infractions, but can range from mere warnings and the "temporary suspension of all ESRB rating... Read more

Following the recent formation of Recoil Games and the subsequent announcement of its first title, the sci-fi themed first person shooter Earth No More (PS3, X360, PC), I caught up with studio founder and director, Samuli Syvahuoko (pictured left). The former managing director and co-founder of Max Payne creator Remedy Entertainment, Syvahuoko has only recently returned to PC and console development after having spent six years specializing in mobile technology and games, providing him with a fresh view of the current gaming landscape.

With this in mind, we spoke on variety of topics, including the company's relationship with 3D Realms, its use of Unreal Engine 3, digital distribution, the future of the PC and console market, and the effects of piracy. Check it out.

Samuli Syvahuoko: Having been "away" from the PC/console space for several years, I was somewhat shocked to notice that--apart from eyecandy--things in games had not progressed all that much. And having always been a big fan movies and television serials (in other words great storytelling and believable characters), I started to see a clear gap that needed filling.
Read the rest...

3D Realms' latest title is a sci-fi themed FPS named Earth No More, company co-founder Scott Miller has confirmed to Shacknews. Developed by the recently formed Recoil Games and powered by Epic's Unreal Engine 3, the game will arrive on PlayStation 3, Xbox 360, and PC in 2009.

Initial details on Earth No More surfaced in the latest issue of Game Informer, which is set to hit stores and subscribers later this week. Beginning in a small, quarantined New England town, Earth No More's antagonist comes not from space, but from nature. As a result of mankind's constant pollution of and experimentation with the environment, a growth of deadly red vines and mutating spores have overtaken the world, perverting whatever they encounter.

When reached for comment, Miller told Shacknews that ... Read more