3D Realms Responds To Take-Two Lawsuit

Apogee Software, also known as 3D Realms, filed a counterclaim against publisher Take-Two, who recently filed suit against 3D Realms for allegedly failing to deliver the long-awaited FPS, Duke Nukem Forever. Tex.-based 3D Realms said in its counterclaim filed on June 19 (originally uncovered by GamePolitics, and subsequently obtained by Gamasutra) that negotiations with Take-Two regarding development of the Xbox 360 version of Duke Nukem Forever fell through on May 1, 2009. This led 3D Realms to lay off most of its development team. Without the ability to finish Duke Nukem Forever, Take-Two, which was to publish the game, filed suit. But 3D Realms claimed in its coutersuit that Take-Two did not hold up its end of a separate bargain inked between the two companies in October 2007 -- an agreement in which 3D Realms granted the publishing and development rights of an unannounced game tentatively titled "Duke Begins" to Take-Two subsidiary 2K Games. 3D Realms alleged that 2K Games breached the contract by ceasing production of Duke Begins in April this year, without 3D Realms' consent. "Any such work stoppage, suspension, or cancellation has necessarily resulted in a change in the development schedule for the Duke Begins game and has materially harmed Apogee," the counterclaim said. 3D Realms, which is suing for damages, claimed that Take-Two did not return inquiries into the status of the game. 3D Realms made clear that Duke Begins is "not the same game as the DNF game." 3D Realms also said that it wanted development of Duke Begins to be completed in 2010, with a commercial release in the middle of that year. The studio responded to New York-based Take-Two's original suit, saying that the publisher is not entitled to any of the relief demanded. "Apogee admits that it has continually worked on the development of the DNF for many years, and continues to do so," the filing said. Aside from the breach of contract counterclaim, the filing also included allegation-by-allegation denials of several aspects of Take-Two's original suit. 3D Realms said in its counterclaim that on its own, it had invested $20 million into the development of Duke Nukem Forever.