When contractual obligations are not carried out according to stipulations agreed to by both parties, you can expect an ugly lawsuit to come next. What more if the agreement is not carried out at all? 3D Realms is about to find out the answer to that scenario as Take-Two Interactive files suit against what's left of the developer company for failing to deliver Duke Nukem Forever, via its parent company, Apogee.
Amidst disappointed fans and a battered developer, publisher Take-Two is taking the businessman stance and is demanding compensation for the non-delivery of the DNF good. According to the facts, T2 paid to the tune of US 12 million in 2000 to former DNF publisher Infogrames (who will soon be eaten up by Namco Bandai) for the game's exclusive publishing rights. And then sometime in 2007, a second unspecified agreement was supposed to have happened, this time with 3D Realms.
Said the complaint,
Apogee continually delayed the completion date for the Duke Nukem Forever. 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...
Alan Lewis of Take-Two has confirmed that the publisher was not forking out funds for the development of said title. 3D Realms finally shut down its doors on May 6, 2009.
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