Strange details have began to emerge regarding Take-Two's laysuit against 3D Realms regarding the development of Duke Nukem Forever.
The Forever team was let go last month in what 3D Realms blamed on funding issues for staff.
Court documents emerged last night, which detailed how Take-Two was in negotiations to bring the game to XBOX 360. The complaint read:
"Rather than develop the Xbox 360' version itself or hire another developer to do so, Take-Two solicited Apogee about expanding Apogee's current development of the PC Version of DNF to include an Xbox 360 version."
It's been revealed that 3D Realms demanded that Take-Two fund any of Apogee's developing milestones if development on the 360 version were to ever begin. These demands obviously never came to fruition.
Take-Two now claims that because development has ceased and 3D Realms has let-go a majority of the development team on Forever, the developer breached their commitment to provide source code of the game so as it could be developed on XBOX 360.
"Take-Two intended to exercise its exclusive option... to independently develop the game for the Xbox 360 in the event that the parties could not reach agreement. In accordance with its rights... Take-Two is entitled to obtain from Apogee the source and object code for the PC Version in order to port the PC Version into a version for the Xbox 360," the complaint adds.
"In light of its publishing rights, 3D Realms is prohibited from publishing, releasing, exploiting, selling, transferring or destroying any proprietary information and assets related to DNF, including, without limitation, the source and object code for the game."
The most amazing and bewildering of claims by Take-Two though, is that "upon information and belief, 3D Realms has title to a substantial amount of funds deposited in an off-shore account, which Take-Two believes Apogee can use to fund its outstanding obligations."
Speaking to Shack News, Scott Miller, founder of 3D Realms, said that, "readers here realize that filed lawsuits are entirely one-sided statements, based on knee-deep BS and with more spin that a top?
"3DR has been in nearly a dozen lawsuits (including against Warner and Fox). We're always innocent, and we always win. This one is no exception. Give it a year, then the truth will come out."
The Duke Nukem Forever saga continues. If this game ever does see the light of day (which it probably won't), it would be more depressing than anything if it turns out to be crap, considering how much we've seen happen throughout its development.