Forum Archive

Go Back   3D Realms Forums > 3D Realms Topics > Duke Nukem > Duke Nukem Forever
Blogs FAQ Members List Social Groups Calendar Mark Forums Read

Notices

 
 
Thread Tools
Old 10-15-2009, 05:36 PM   #1281
Duke's New Chainsaw

Duke's New Chainsaw's Avatar
Re: Take Two Sues 3D Realms
I see words in your post.
__________________
The Great Communicator!
Duke's New Chainsaw is offline  
Old 10-16-2009, 03:31 AM   #1282
X-Vector

X-Vector's Avatar
Re: Take Two Sues 3D Realms
Quote:
Originally Posted by Rösti View Post
I don't even know where to begin...
You guys don't get it, mr. Broussard is obviously raking in poker cash to fund the resurrection of 3DR and the DNF project.

Give 'em hell, George!

Always bet on Duke!
__________________
We're on an express elevator to hell... going clown.
HELLO, MY FRIEND - freindship make a happiness double times and divide sadness half and make us remove our unhappiness.
Some days you just can't get rid of a bomb
X-Vector is offline  
Old 10-16-2009, 10:29 AM   #1283
prophecy holder

prophecy holder's Avatar
Re: Take Two Sues 3D Realms
You know a good way for georgy boy to get some money? Have him and another person stand outside at a booth. The sign on the booth reads:

"Kick George in the ass for screwing up DNF. $15 kick fee and $5 for a big steel toe boot".

Everyone can kick him as many times as they want as long as they got the money for it. That will rake in millions.
__________________
"Ever since I was a little boy, dressing up has always been...my greatest joy. But when It's time to be discreet, there is one thing you just can't beat and that's a strapless backless classical little black dress"

http://www.youtube.com/watch?v=3e4BCOrLmJ0
Last edited by prophecy holder; 10-16-2009 at 10:33 AM.
prophecy holder is offline  
Old 10-16-2009, 12:48 PM   #1284
Suppressor1
Re: Take Two Sues 3D Realms
Come on George, I would take a flight for 10 x kicking your...
Suppressor1 is offline  
Old 11-22-2009, 05:31 PM   #1285
PsychoGoatee

PsychoGoatee's Avatar
Re: Take Two Sues 3D Realms
So... has there been any more movement on this, any more info?

I'm hoping 3D Realms retains the Duke rights, of course.
PsychoGoatee is offline  
Old 11-22-2009, 07:48 PM   #1286
Conan of Cooma
 
Re: Take Two Sues 3D Realms
Yeah, any updates on the progress of the case? Come on you US based legal sleuths, give us the low down!
Conan of Cooma is offline  
Old 11-23-2009, 12:51 AM   #1287
vincentdante

vincentdante's Avatar
Re: Take Two Sues 3D Realms
I think the trial begins next year sometime, but not sure when.
__________________
Xbox Gamertag/PSN ID: Vincentdante

Tell me who you are from this forums if you add me to either.
vincentdante is offline  
Old 11-23-2009, 09:13 AM   #1288
alex d
Re: Take Two Sues 3D Realms
Yeah, from the initial news reports about the case it sounded as if Take Two were expecting it to reach court "within 12 months" from when it was announced. Given the all the stuff that came to light over repayment deadlines for the loan T2 gave 3DR, Duke Begins falling through and potential release windows for DNF, it really does give the impression of T2 basically going:

"Hey, 3DR, we're taking you to court, but we don't really have a foot to stand on in the court case right now. We'll just tie you up in red tape for a year or so, effectively stopping you from even trying to finish the project until we can legitimately claim breach of contract for not finishing the project."
alex d is offline  
Old 11-23-2009, 10:47 AM   #1289
SpinX

SpinX's Avatar
Re: Take Two Sues 3D Realms
yeah? isn't there a courtdate? anybody?
__________________
waiting for: Elite sequel, Half life 3, Diablo3, DNF
Enough is enough! I've had it with these motherxxxxxx delays on this motherxxxxxx game :)

http://www.youtube.com/user/ftbfelix
SpinX is offline  
Old 11-24-2009, 01:35 AM   #1290
Monkey Butler
Re: Take Two Sues 3D Realms
Quote:
Originally Posted by alex d View Post
but we don't really have a foot to stand on in the court case right now


I'd say that I'd be surprised if it makes it to court, but that would be forgetting the stubbornness of a bloke who'll work on vapourware for 13 years.
Monkey Butler is offline  
Old 11-24-2009, 09:10 AM   #1291
Firstperson
Re: Take Two Sues 3D Realms
Quote:
Originally Posted by Monkey Butler View Post


I'd say that I'd be surprised if it makes it to court, but that would be forgetting the stubbornness of a bloke who'll work on vapourware for 13 years.
For the sake of aquiring the IP for DN, I bet Take 2 WOULD take it to court.

On a side note, I bet it would be a slap to the face to EVERYBODY if Take 2 did aquire the IP through the law suit and then just shelved it all.
__________________
"Whatdaya waitin for? Christmas?"

-Duke Nukem
Firstperson is offline  
Old 11-24-2009, 10:54 AM   #1292
alex d
Re: Take Two Sues 3D Realms
Quote:
Originally Posted by Monkey Butler View Post


I'd say that I'd be surprised if it makes it to court, but that would be forgetting the stubbornness of a bloke who'll work on vapourware for 13 years.
But since when is that a breach of contract? If it went to court now it would be laughed out of court because, quite simply, the deadlines for the contracts to be satisfied are still far away. You can't take someone to court for breaching a contract due to lack of delivery of a product by a deadline when the deadline has not passed and expect to win.

When the game's not out in a year or so's time when it has passed then yeah, they'll have a very strong case, but that's the point, no?
alex d is offline  
Old 11-24-2009, 02:52 PM   #1293
Monkey Butler
Re: Take Two Sues 3D Realms
3DR have no money and no staff, so there's absolutely no way that they're gonna be able to finish the game before the deadline. That's called the doctrine of frustration, and it means T2 are entitled to nullify the contract before the deadline.
Monkey Butler is offline  
Old 11-25-2009, 05:09 AM   #1294
alex d
Re: Take Two Sues 3D Realms
Not being able to fund an internal development team is hardly factual evidence that it could not possibly be finished in time, as is the general definition of contractual frustration. Given how often 3DR has collaberated with external development teams for projects such as Prey, Max Payne, Earth No More and such, it's not a stretch to imagine the next step would have been to have an external studio carry on the work.

If it was 6 months until it had to be released in order to fullfil the contracts then fair enough, there's reasonable doubt regarding it's potential completion but as the dates being thrown around concerning the deadlines were like 2010/2011 there was plenty of time left to sort it out. I would say there's no grounds for frustration as there were still options available for work to continue and plenty enough time to get it out the door.

The question is, though, does the fact T2 took injunctions out against 3DR from doing anything with the game at all give T2 grounds for frustration that it can not be finished in time? A bit of a chicken and the egg situation there.
Last edited by alex d; 11-25-2009 at 05:11 AM.
alex d is offline  
Old 11-25-2009, 07:22 AM   #1295
crunchy superman

crunchy superman's Avatar
Re: Take Two Sues 3D Realms
Quote:
Originally Posted by alex d View Post
Not being able to fund an internal development team is hardly factual evidence that it could not possibly be finished in time, as is the general definition of contractual frustration. Given how often 3DR has collaberated with external development teams for projects such as Prey, Max Payne, Earth No More and such, it's not a stretch to imagine the next step would have been to have an external studio carry on the work.
If they had the money to hire an external development team, they wouldn't have laid off the one they already had.
__________________

crunchy superman is offline  
Old 11-25-2009, 12:34 PM   #1296
MegaMustaine

MegaMustaine's Avatar
Re: Take Two Sues 3D Realms
Quote:
Originally Posted by crunchy superman View Post
If they had the money to hire an external development team, they wouldn't have laid off the one they already had.
Maybe another company was willing to pitch doe at the product if it was finished through an external team. Maybe there was an external team, say for example Gearbox, that was willing to take on the rest of the development and they had the money to fund it themselves. There are many scenarios where an external dev team could take over the rest of development. It was the solution that 3DR least wanted to go to as they wanted to take care of the game in house, but now the option totally makes sense and is about the only option to finish the game.

---------- Post added at 01:34 PM ---------- Previous post was at 01:31 PM ----------

Quote:
Originally Posted by alex d View Post
The question is, though, does the fact T2 took injunctions out against 3DR from doing anything with the game at all give T2 grounds for frustration that it can not be finished in time? A bit of a chicken and the egg situation there.
With the injunction not being held up, 3DR is free to do whatever they like with the game until they actually go to court. Even then they are free to do as they wish until a judge says different.
__________________
This signature is a 77/100!
MegaMustaine is offline  
Old 11-25-2009, 12:46 PM   #1297
crunchy superman

crunchy superman's Avatar
Re: Take Two Sues 3D Realms
Quote:
Originally Posted by MegaMustaine View Post
Maybe another company was willing to pitch doe at the product if it was finished through an external team. Maybe there was an external team, say for example Gearbox, that was willing to take on the rest of the development and they had the money to fund it themselves. There are many scenarios where an external dev team could take over the rest of development. It was the solution that 3DR least wanted to go to as they wanted to take care of the game in house, but now the option totally makes sense and is about the only option to finish the game.
Very few developers have the money to do something like that. Aside from Blizzard, Valve or Epic, pretty much all developers are totally at the mercy of their deals with publishers. Since TT has the legal right to publish DNF, the chances of development money coming from another publisher is pretty much zero.

Sure, there are probably things going on in all this mess that none of us are privy to, so who knows. But to say "there are many scenarios" might be grasping at straws at bit.
__________________

crunchy superman is offline  
Old 11-25-2009, 03:13 PM   #1298
Duke's Acolyte

Duke's Acolyte's Avatar
Duke Nukem Re: Take Two Sues 3D Realms
I'm sure it's been said before but I'm going to say it again. I don't know if anything will come of the Take Two v 3drealms lawsuit but if TT can get the copyright to DFN and find somebody else to finish it, even if it takes another 3-4 years then so be it. I say let it be so.
__________________
Proudly unleashing Hellfire and brimstone since 1989.
Duke's Acolyte is offline  
Old 11-25-2009, 04:29 PM   #1299
Wamplet

Wamplet's Avatar
Oh No Re: Take Two Sues 3D Realms
Quote:
Originally Posted by MegaMustaine View Post
Maybe another company was willing to pitch doe at the product if it was finished through an external team. Maybe there was an external team, say for example Gearbox, that was willing to take on the rest of the development and they had the money to fund it themselves. There are many scenarios where an external dev team could take over the rest of development. It was the solution that 3DR least wanted to go to as they wanted to take care of the game in house, but now the option totally makes sense and is about the only option to finish the game.[COLOR="Silver"]
Unless they managed to outsource the game development to 10 year olds in South Korea or Guam, the cost will be a lot more than doing it in-house, unless it's done as i stated above from overseas or in a sweatshop which is nearly the same thing. Good luck on QA and a game that would be playable or even fun. Gothic 3 expansion, I am looking at you.
__________________
"IT'S HUGE!!!!" -chimera
I think it's a 17"... or maybe it's a 19"..... it's huge... and bulky! but it has served me quite well -Mariamus
"You're dying after Wamplet and Politics." -L'Bulgeur
"By god... Wamp has a point." -Damien_Azreal
Wamplet is offline  
Old 11-25-2009, 08:21 PM   #1300
Kristian Joensen

Kristian Joensen's Avatar
Re: Take Two Sues 3D Realms
Quote:
Originally Posted by crunchy superman View Post
Very few developers have the money to do something like that. Aside from Blizzard, Valve or Epic, pretty much all developers are totally at the mercy of their deals with publishers. Since TT has the legal right to publish DNF, the chances of development money coming from another publisher is pretty much zero.

Sure, there are probably things going on in all this mess that none of us are privy to, so who knows. But to say "there are many scenarios" might be grasping at straws at bit.
In the final analysis I agree with you in that I don't think a 3rd party finising DNF is particulary likely, but I just wanted to comment on something.

"Since TT has the legal right to publish DNF, the chances of development money coming from another publisher is pretty much zero."

Another publisher and/or developer could get part of 3DR's cut(Like the way advances work in the industry) and a deal to finish DNF might be tied into another deal, like a publishing deal for some 3rd party game, a license to do one or more Duke games, stuff like that.

Edit:
"Unless they managed to outsource the game development to 10 year olds in South Korea or Guam, the cost will be a lot more than doing it in-house,"

Wamplet, under MegaMustaine's scenario 3DR would not be the one paying for the cost.

Edit2:

What I am saying that there are many different deals that could be done, that while not likely have a probablity quite a bit over 0, like WBIE agreeing to handle and fund the finishing of DNF in exchange for:

1. All of 3DR's DNF cut upto a certain amount of units sold.
2. X% of 3DR's cut after that.
3. WB getting the rights to a Duke movie
4. WBIE getting the rights to do(IE develop and not just publish) a game based on 3.
5. The publishing rights for Earth No More.
Last edited by Kristian Joensen; 11-25-2009 at 08:28 PM.
Kristian Joensen is offline  
Old 11-25-2009, 11:25 PM   #1301
Monkey Butler
Re: Take Two Sues 3D Realms
Look, these are all certainly [ridiculously minute] possibilities, but legally, they're unreasonable. The development team ran out of money and sacked pretty much the entire staff. It's possible that the entire DNF fan community could chip in to work on the game for free and get the game out before the contracted date, but it's not reasonable to believe that that would happen, and reasonableness is the legal test. T2 have to give evidence that the contract is frustrated, they do that by providing evidence of the lack of money/staff. It then falls to 3DR to prove that they can in fact conclude their part of the contract. Collateral contracts or terms relating to Duke Begins may change things, but we know next to nothing about that so it's pointless to speculate.
Monkey Butler is offline  
Old 12-05-2009, 01:56 PM   #1302
scubagear

scubagear's Avatar
Re: Take Two Sues 3D Realms
http://forums.3drealms.com/vb/showpo...7&postcount=75
scubagear is offline  
Old 12-05-2009, 07:53 PM   #1303
wayskobfssae

wayskobfssae's Avatar
Re: Take Two Sues 3D Realms
Quote:
Originally Posted by scubagear View Post
... link to that actual page?
__________________
"A Nightingale in a Golden Cage... that's me locked inside Reality's Maze" -- Nightwish
wayskobfssae is offline  
Old 12-05-2009, 08:34 PM   #1304
KaiserSoze

KaiserSoze's Avatar
Re: Take Two Sues 3D Realms
It's one of two possible things.

The lawsuit has been settled or it's because the case was moved to Texas.
KaiserSoze is offline  
Old 12-05-2009, 11:35 PM   #1305
Duke's New Chainsaw

Duke's New Chainsaw's Avatar
Re: Take Two Sues 3D Realms
Or it moved from the Supreme Court to the Federal Court.

I really think we would have heard something about it by now if it was settled.
__________________
The Great Communicator!
Duke's New Chainsaw is offline  
Old 12-06-2009, 12:32 AM   #1306
wayskobfssae

wayskobfssae's Avatar
Re: Take Two Sues 3D Realms
Quote:
Originally Posted by KaiserSoze View Post
It's one of two possible things.

The lawsuit has been settled or it's because the case was moved to Texas.
Where the loser gets punished with the electric chair.
__________________
"A Nightingale in a Golden Cage... that's me locked inside Reality's Maze" -- Nightwish
wayskobfssae is offline  
Old 12-06-2009, 02:00 AM   #1307
Rapture_Rising

Rapture_Rising's Avatar
Re: Take Two Sues 3D Realms
Quote:
Originally Posted by wayskobfssae View Post
Where the loser gets punished with the electric chair.
thats the last thing we want to see, Duke being strapped into Ol' Sparky
__________________
Here we go folks... The rarest creature in nature... The Duketard. I will now approach him very quitely and... Jam my thumb in his butt hole. That should REALLY piss him off!.
Rapture_Rising is offline  
Old 12-06-2009, 02:42 AM   #1308
Duke's New Chainsaw

Duke's New Chainsaw's Avatar
Re: Take Two Sues 3D Realms
He survived it before.
__________________
The Great Communicator!
Duke's New Chainsaw is offline  
Old 12-06-2009, 03:16 AM   #1309
Rapture_Rising

Rapture_Rising's Avatar
Re: Take Two Sues 3D Realms
Ah... Touché. i forgot about that.
__________________
Here we go folks... The rarest creature in nature... The Duketard. I will now approach him very quitely and... Jam my thumb in his butt hole. That should REALLY piss him off!.
Rapture_Rising is offline  
Old 12-06-2009, 04:47 AM   #1310
Dukefan24

Dukefan24's Avatar
Re: Take Two Sues 3D Realms
First time I played Duke3D, the man didn't survive in the chair lol.
__________________
Dukefan24: Another addicted Duke Nukem fan in the world!
My Wii Friend Code: 8063 8131 9140 5518
My Website: Duke Nukem Stadium
Dukefan24 is offline  
Old 12-06-2009, 06:45 PM   #1311
Conan of Cooma
 
Re: Take Two Sues 3D Realms
Quote:
Originally Posted by Dukefan24 View Post
First time I played Duke3D, the man didn't survive in the chair lol.
You make a poor Duke.
Conan of Cooma is offline  
Old 12-29-2009, 06:27 PM   #1312
SpinX

SpinX's Avatar
Re: Take Two Sues 3D Realms
anybody know the court date already?
__________________
waiting for: Elite sequel, Half life 3, Diablo3, DNF
Enough is enough! I've had it with these motherxxxxxx delays on this motherxxxxxx game :)

http://www.youtube.com/user/ftbfelix
SpinX is offline  
Old 12-29-2009, 06:41 PM   #1313
Edli

Edli's Avatar
Re: Take Two Sues 3D Realms
Quote:
Originally Posted by SpinX View Post
anybody know the court date already?
When it's time.
Edli is offline  
Old 12-29-2009, 07:23 PM   #1314
UglyNacho

UglyNacho's Avatar
Re: Take Two Sues 3D Realms
Quote:
Originally Posted by Edli View Post
When it's time.
lol, was thinking the same exact thing.
UglyNacho is offline  
Old 12-30-2009, 08:22 AM   #1315
Suppressor1
Re: Take Two Sues 3D Realms
So, whatīs going on here? The trial isnīt over (george is still afraid of the weasle lawyers), and the 3d realms employees donīt know whatīs comming next. Nobody knows anyway... And as long as the trial isnīt over, we wonīt get any new info. Thatīs all. There are two possibilities: 1. We wonīt get any info, and in the end, 3d realms is pissed off. 2 We wonīt get any new info, and 3d realms is able to finish the game. Both times, we wonīt get any new info, because 3d realms must not talk about the trial.

I donīt expect any new info. The main point is, that the future of Duke Nukem and 3D Realms depends on lawyers, and George and Scott canīt do anything but wasting time.

This is very simple, and i donīt understand people expecting new media, release dates and all that stuff.

3D realms is fighting and imho it is a "make-or-break" situation. And it shows a tendency towards a "break" situation, because 3d realms had to fire the development team. So, the development of the game canīt go much further. And graphics are getting old again, and the game is not finsihed yet...
Last edited by Suppressor1; 12-30-2009 at 08:32 AM.
Suppressor1 is offline  
Old 12-30-2009, 08:39 AM   #1316
SpinX

SpinX's Avatar
Re: Take Two Sues 3D Realms
Quote:
Originally Posted by Suppressor1 View Post
So, whatīs going on here? The trial isnīt over (george is still afraid of the weasle lawyers), and the 3d realms employees donīt know whatīs comming next. Nobody knows anyway... And as long as the trial isnīt over, we wonīt get any new info. Thatīs all. There are two possibilities: 1. We wonīt get any info, and in the end, 3d realms is pissed off. 2 We wonīt get any new info, and 3d realms is able to finish the game. Both times, we wonīt get any new info, because 3d realms must not talk about the trial.

I donīt expect any new info. The main point is, that the future of Duke Nukem and 3D Realms depends on lawyers, and George and Scott canīt do anything but wasting time.

This is very simple, and i donīt understand people expecting new media, release dates and all that stuff.

3D realms is fighting and imho it is a "make-or-break" situation. And it shows a tendency towards a "break" situation, because 3d realms had to fire the development team. So, the development of the game canīt go much further. And graphics are getting old again, and the game is not finsihed yet...
But I always thought that if duke nukem forever is still in developpment and nearing completion (at gearbox or human head or whatever), the whole lawsuit is unnecessary... But we don't know jack shit... not even something simple like a F-ing date!
__________________
waiting for: Elite sequel, Half life 3, Diablo3, DNF
Enough is enough! I've had it with these motherxxxxxx delays on this motherxxxxxx game :)

http://www.youtube.com/user/ftbfelix
SpinX is offline  
Old 12-30-2009, 09:26 AM   #1317
Suppressor1
Re: Take Two Sues 3D Realms
I am sorry, but your view is too idealistic. Lawyers donīt care about opinions, Duke Nukem, a good game, fun and other emotions etc... Lawyers only think about laws, agreements entered into, money and time. Thatīs all folks. I think, 3D realms wonīt develop big games in future anyway, as Scott said before, it was a waste of time trying to develop DNF alone... And 3D realms was not big anyway. And it is much smaller now. And even if somebody else finishes DNF, it does not mean that 3D Realms will have a bright future.
Last edited by Suppressor1; 12-30-2009 at 09:34 AM.
Suppressor1 is offline  
Old 01-02-2010, 02:19 AM   #1318
Gabriel
Re: Take Two Sues 3D Realms
Quote:
Originally Posted by Suppressor1 View Post
I am sorry, but your view is too idealistic. Lawyers donīt care about opinions, Duke Nukem, a good game, fun and other emotions etc... Lawyers only think about laws, agreements entered into, money and time. Thatīs all folks. I think, 3D realms wonīt develop big games in future anyway, as Scott said before, it was a waste of time trying to develop DNF alone... And 3D realms was not big anyway. And it is much smaller now. And even if somebody else finishes DNF, it does not mean that 3D Realms will have a bright future.
Seems that we share the same POV
Gabriel is offline  
Old 01-12-2010, 05:09 PM   #1319
TBZ

TBZ's Avatar
Re: Take Two Sues 3D Realms
There's more than one of you? That scares me.
__________________
After a year in therapy, my psychiatrist said to me, 'Maybe life isn't for everyone.'
TBZ is offline  
Old 01-12-2010, 05:21 PM   #1320
Biotech45

Biotech45's Avatar
Re: Take Two Sues 3D Realms
look at this:http://iapps.courts.state.ny.us/webcivil/FCASSearch
does this mean the case is over i searched it do not serach county search index number: 601457/2009
Biotech45 is offline  
 

Bookmarks

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -6. The time now is 05:39 AM.

Page generated in 0.24988294 seconds (100.00% PHP - 0% MySQL) with 17 queries

Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2020, vBulletin Solutions, Inc.

Website is Đ1987-2014 Apogee Software, Ltd.
Ideas and messages posted here become property of Apogee Software Ltd.