3D Realms vs Take 2

As a lot of you already know, 3D Realms (creators of Duke Nukem, rise of the triad) has closed its doors and let most of its staff go because of financial issues well now on top of that their publisher Take 2 has filed a law suit and is suing them for $12mil. It is not certain whether or not it will pass but this is like kicking them when they are down. 3D Realms said that they have only been given $2.5mill from Take 2 the rest was not paid to them but rather 3D Realms previous publishers Gt interactive/Infogrames to gain publishing rights. They also said that they will fight till the end. 3D Realms also still remains the IP owners for the Duke Nukem franchise, and Apogee said that Development on Duke Nukem Forever is not yet certain but 3D Realms will be trying to finish it before Take 2 sues them, on the basis that Take 2 is trying to create the law suit because of a so called "breech of contract" as Duke Nukem Forever has not yet been released. I think this is just a bullies (Take 2) way of trying to gain the IP and Duke Nukem franhise.
what do you think?

3D Realms Release – Pertaining to Recent Events Surrounding Duke Nukem Forever

Dallas, TX (May 18, 2009) - In light of recent press articles and statements by Take-Two (to the media and in a lawsuit), we want to set the record straight on some issues.

Despite rumors and statements to the contrary, 3D Realms (3DR) has not closed and is not closing. 3DR retains ownership of the Duke Nukem franchise. Due to lack of funding, however, we are saddened to confirm that we let the Duke Nukem Forever (DNF) development team go on May 6th, while we regroup as a company. While 3DR is a much smaller studio now, we will continue to operate as a company and continue to license and co-create games based upon the Duke Nukem franchise.

As some of you may know, Take-Two filed a lawsuit last week containing various accusations and claims against 3DR and the uncompleted DNF game. Take-Two never paid 3DR advances or any signing bonus or any other funds related to DNF, up until July 2008, at which time they paid $2.5m in connection with another agreement for an unannounced game. This is the sum total Take-Two has paid 3DR in connection with DNF. Take-Two claims that they paid $12m to GT Interactive/Infogrames to acquire the publishing rights for the DNF game. To be clear, 3DR was not a party to that transaction and did not receive any money from it. When the DNF game was originally signed with GT Interactive in 1998, GT paid 3DR a $400,000 signing bonus. Up until July 2008, this was the only publisher money we received for the DNF game. Meanwhile, 3DR put over $20m into the production of DNF.

Take-Two retains publishing rights for the DNF game, although 3DR retains certain rights to sell the game directly to the public. Late last year, 3DR began negotiations with Take-Two to provide funding to complete the DNF game. In the meantime, 3DR was hitting mutually-agreed milestones, despite not having a new agreement finalized. Take-Two was well aware that 3DR needed the funding to continue the DNF game development. Suddenly, after months of negotiations, Take-Two materially changed the parameters of the proposed funding agreement. 3DR informed Take-Two that it could not financially afford the changes Take-Two was suggesting and would be forced to release the team if an agreement was not reached. Take-Two made a last minute proposal to acquire the Duke Nukem franchise and the 3DR development team. Take-Two's proposal was unacceptable to 3DR for many reasons, including no upfront money, no guarantee minimum payment, and no guarantee to complete the DNF game. From 3DR's perspective, we viewed Take-Two as trying to acquire the Duke Nukem franchise in a "fire sale." Those negotiations fell through on May 4th, a deal never materialized, and the DNF team was sadly released a few days later.

Less than a week after the DNF team was released, Take-Two filed its lawsuit in New York, seeking immediate temporary injunctive relief. The court denied Take-Two's request for a temporary restraining order. While we cannot comment on the details of the ongoing lawsuit, we believe Take-Two's lawsuit is without merit and merely a bully tactic to obtain ownership of the Duke Nukem franchise. We will vigorously defend ourselves against this publisher.

Stuff Take 2/2k I have known 3D Realms since they first begun and I hope that this Court Case doesn't fall through but I am glad to hear that 3D Realms is still operational in a sense. All they need to do now is get a little more money and then rehire the team. I dunno if George B. should be in charge again though unless he really was working but was trying to make the BEST game.