Citing breach of contract, publisher Take-Two Interactive is suing Duke Nukem Forever creator Apogee Software Ltd. over the game's failed development, reports Bloomberg.
"Apogee continually delayed the completion date for the Duke Nukem Forever," reads Take-Two's complaint. "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 [sic]."
Take-Two said that 3D Realms has officially "terminated development of the game," according to the report.
While the full extent of Take-Two's damages claim is undisclosed, the company claims to have paid $12 million as part of an agreement made in 2000. The suit is scheduled to go in front of the New York State Supreme Court later this year.
Update: Shacknews has the court filing, which shows that Take-Two wants the Duke Nukem Forever source code to be preserved for the duration of the case.
Why would they want that? This is just our speculation, but when someone wins damages in a civil lawsuit that aren't paid, they can be awarded assets instead. So if Take-Two wins its case and 3D Realms cannot pay the damages, it is possible that Take-Two could find itself owning Duke Nukem Forever.
Bank of America, JPMorgan, Kmart, Refco in Court News (Update1) [Bloomberg]
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