Take-Two sues over Duke Forever non-completion

— 6:00 AM on May 15, 2009

Things are just going from bad to worse for 3D Realms and its former staffers. After shutting down last week because of insufficient funding, the former games studio is now the subject of a lawsuit by would-be Duke Nukem Forever publisher Take-Two Interactive. As Shacknews reports, Take-Two claims 3D Realms has breached a contract by failing to deliver the game:

"Apogee [a.k.a. 3D Realms] 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."

According to Take-Two, the company paid $12 million to 3D Realms for the publishing rights to Duke Nukem Forever in 2000. A second, unspecified agreement was struck between the two companies in 2007.

While 3D Realms no longer exists, Shacknews points out that a publishing spin-off dubbed Apogee Software, LLC (not to be confused with Apogee Software, Ltd, which was 3D Realms' legal name) remains in operation. Apogee LLC got tongues wagging last week by promising an imminent Duke Nukem-related announcement, but as it turned out, that announcement had nothing to do with Duke Forever. In any case, Take-Two might not want to count on a multi-million-dollar settlement.

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