Is The Court Case Active or Not?

[duubhglas]

You said the new video I posted was footage leaked, but didn't say from where. I asked you said it was from a former dev, but didn't said who.

You said my new theory is not the case, but don't say why.

Just short answers and not much info...

Man, you're part of the conspiranoia!!!

[Wamplet]

D-Day = Duke-Day?

[KO Gilligan]

(That's me in the middle - making a post)

[duubhglas]

For those who believe that the court case was a hoax, read this. It's a family blog of a former 3DRealms level designer.

The game is not complete. It means that even if 3DRealms wins the case, it'll still take some time (God know how many time) if they want to release DNF.

---------- Post added at 07:58 PM ---------- Previous post was at 07:45 PM ----------

I'm searching for sites, blogs and everything related to Duke Nukem Forever. The majority of the crew have new jobs, but some don't. Some looks like they're still working on 3DRealms.
Another theory: maybe the game was almost finished, they released the greater part of them and keep a minimum team to polish the game.
Maybe they just don't update their LinkedIn status and resumés.

[JobivanHiob]

that the developers needed to go due to Take 2 not giving money is no secret, but that was 8 months ago.
Alot has happened since then.
3DR sold the Prey IP to Radar and later Radar sold it to Bethesda Sofworks. Be sure they got a lot of money for that.

Duubhglas, its ok that you reasearch all that info that we already researched too...if you find something interesting let us know.

There is so much more that I know of and I'm forming my current oppinion on.

[duubhglas]

You know, I guess I'm starting to read between the lines.

---------- Post added at 08:47 PM ---------- Previous post was at 08:16 PM ----------

I don't know much about legal issues, but if some of you want to, you can read the real court documents:

Take Two Apogee Complaint

Take Two Apogee Answer Counterclaim

(Found here)

[Conan of Cooma]

OMG, Michael Jackson died!

[duubhglas]

Take-Two also wants to enjoin DNF developers from further leaking any art or code from the game which Take-Two says interferes with its “exclusive rights to publish, exploit and control the DNF brand".

Old news?

[George Broussard]

Why would you think in any way, shape or form that it's not active? It will be active until you see some public announcement that it's resolved.

[Baboy]

Originally Posted by George Broussard

Why would you think in any way, shape or form that it's not active? It will be active until you see some public announcement that it's resolved.

Sorry but 3DR has never been too good with telling the truth. I personally believe the law suit exists, but it wouldn't be the first trick you guys pull out, so don't be surprised - many fans wouldn't believe you if you said the sky was blue, so beware.

[duubhglas]

Wait a second.

George was away for a long time. And the last time I remember seeing he here was to ask to people don't post leaked footage.

Now he's here to speak, he kinda answered and this is new and this is good.

I still don't know what Jon St. John means with the "read between the lines", but we can only speculate. George can tell us something or not. But if he is saying something, I guess it's more reliable than our conjectures.

Thanks, George.

[Baboy]

Originally Posted by duubhglas

Wait a second.

George was away for a long time. And the last time I remember seeing he here was to ask to people don't post leaked footage.

Now he's here to speak, he kinda answered and this is new and this is good.

I still don't know what Jon St. John means with the "read between the lines", but we can only speculate. George can tell us something or not. But if he is saying something, I guess it's more reliable than our conjectures.

Thanks, George.

That's true, but he shouldn't be surprised about all the wild speculations here - after repeated lies, delays, long silences, contradictions between Scott and George... it's hard to actually believe things anymore, it's much easier to invent some conspiration.

You know, it's easier to believe that there's some secret conspiration behind DNF than actually understanding how on earth we still couldn't play a game that is being made since 1997.

[George Broussard]

I take offense to "repeated lies" and you are incorrect there.

[Baboy]

Originally Posted by George Broussard

I take offense to "repeated lies" and you are incorrect there.

Maybe "lies" is too harsh, more like "unfulfilled promises" is the thing... it's just there's so little clarity about what is going on, even less than usual actually, so I don't find it surprising people can't even believe something as simple and straight-forward as a lawsuit going on.

[ultra tree 85!]

Originally Posted by George Broussard

Why would you think in any way, shape or form that it's not active? It will be active until you see some public announcement that it's resolved.

Thanks for responding.

I guess this pretty much answers the original question I asked. However, we still have no idea at all about when the court date is.

Hopefully it's in the next couple of months? Is it really against the rules for 3D Realms to reveal the court date? In a federal case such as this, is this information prevented from being released by law?

[KO Gilligan]

Originally Posted by Baboy

Maybe "lies" is too harsh, more like "unfulfilled promises" is the thing... it's just there's so little clarity about what is going on, even less than usual actually, so I don't find it surprising people can't even believe something as simple and straight-forward as a lawsuit going on.

It's the nature of the forum... this issue is not worth getting into. But for that matter, when I see people make demands and criticism over developer communication, I have to ask "To what end?"

I'm just happy he's around - I personally would rather he just make small talk while there is nothing really worth discussing, so that the discussions stay civil.

[George Broussard]

Originally Posted by ultra tree 85!

However, we still have no idea at all about when the court date is.

Neither do we. It's not how these things work. It's a very long and involved process and things change all the time and there can be long delays at any point in the process. Suits like this can take years to resolve, depending on the willingness of the parties to come to a settlement. A very very small percentage of cases ever actually end up in court in front of a judge or jury. It's a long drawn out process where the only winners are the lawyers.

[The Commander]

This is just like trying to sue a tobacco company.

[Baboy]

Originally Posted by The Commander

This is just like trying to sue a tobacco company.

Like, whatever happens you still end up blowing?

[Mr Bear]

Originally Posted by The Commander

This is just like trying to sue a tobacco company.

Except DNF is a more dangerous addiction.

[duubhglas]

George is a guy like us.

It took me two full years to write my monography (my graduation paper) when most people just take six months. But I wanted it to be perfect. I listened a lot from people I care for, and sometimes, I just wanted to do my things and stop giving them the illusion I was close to finnish.

And George likes good movies and series too. Like to play good games. I'm sure there's a lot of interesting non-DNF subjects we can talk to him if people here can be civilized.

I know sometimes I get to harsh on George too (and I must admit I made a bad comment in my twitter account, @duubhglas2), but that's because we are here everyday, talking, trying to understand it all, and we don't just miss DNF news, we miss 3DRealms here with us.

I don't know if I'm speaking for all here, but I guess this is not just my opinion.

[KO Gilligan]

Fact: It's a valuable asset.

I'd hate to think this is another American treasure that get's pissed away in our civil courts.

[JobivanHiob]

very interesting George.
So Take 2 is playing with you like you have nothing to loose! I mean its no secret that they would love to get the Duke IP and they try hard it seems. But they aren't in a good financial position right now. Also lawyers are very expensive! Do they realy want to pull you infront of the judge even with knowing they haven't got a chance to win the case?

I hope they soon realise that its wiser for both parties to come to an agreement.
And I do hope you've got enough money to pay your lawyers!

George we will never let you and your company alone! You can count on us!

[KO Gilligan]

Originally Posted by JobivanHiob

I hope they soon realise thats its wiser for both parties to come to an agreement.!

Before who realizes? The lawyers?

Unfortunately, that's not the way it works.

[Baboy]

Originally Posted by duubhglas

George is a guy like us.

It took me two full years to write my monography (my graduation paper) when most people just take six months. But I wanted it to be perfect. I listened a lot from people I care for, and sometimes, I just wanted to do my things and stop giving them the illusion I was close to finnish.

And George likes good movies and series too. Like to play good games. I'm sure there's a lot of interesting non-DNF subjects we can talk to him if people here can be civilized.

I know sometimes I get to harsh on George too (and I must admit I made a bad comment in my twitter account, @duubhglas2), but that's because we are here everyday, talking, trying to understand it all, and we don't just miss DNF news, we miss 3DRealms here with us.

I don't know if I'm speaking for all here, but I guess this is not just my opinion.

True, especially the middle section. I was kinda harsh too when George finally came to talk to us, but that's just the frustration coming out - I don't hate George, it's just that we're kept in the dark from way too much time, and it's only natural to demand explanations, spam, or whatever when someone finally talks, especially if that someone is George himself. I still care about Duke, hence I'm here, and I want the game, so I don't want to hurt or get bad things done to George or 3DR, but it's hard for us too. I have my life without DNF, got plenty of other good things going between my girlfriend, my friends, videogames, music, movies... but when I come to the forum and read something about DNF, it's just natural to lose perception of reality, as it's a game that went far beyond reality already. We, apart from a few trolls, are here to support 3DR and DNF, but you've got to bear with us if we sometimes go uncivilized.

[JobivanHiob]

Originally Posted by KO Gilligan

Before who realizes? The lawyers?

Unfortunately, that's not the way it works.

so Take 2 profits through their lawyers?

Oh man...what George said could mean that we won't see DNF this year or even worse...!it could take years!....maybe I should reconsider buying a gaming notebook in April...

So Scotts teasing was invane...

This is atleast what could very well happen if Take 2 persists on their bully tactics! I never thought it would get that bad...

[duubhglas]

Let me ask something here: George has nothing to do with Max Payne 3 or Alan Wake, right?

I once read a GOOD article he wrote of character development (if someone know the url to it, PLEASE, post it here).

---------- Post added at 10:02 PM ---------- Previous post was at 09:58 PM ----------

I guess Scott Miller wrote instead...

[KO Gilligan]

Originally Posted by JobivanHiob

so Take 2 profits through their lawyers?

Oh man...what George said could mean that we won't see DNF this year or even worse...!it could take years!....maybe I should reconsider buying a gaming notebook in April...

So Scotts teasing was invane...

This is atleast what could very well happen if Take 2 persists on their bully tactics! I never thought it would get that bad...

I'm actually putting together a cheap little LAN box with an Athlon Quad and Micro Mainboard I got for $99 as a set... With the Phenoms and i7s being faster - last years stuff is dirt cheap.

Notebooks are just not a very good investment - you pay alot for that portability, including not being able to upgrade. I have a buddy at work who games on his fancy media Notebook - and it almost never leaves his home desk

[JobivanHiob]

Originally Posted by George Broussard

Neither do we. It's not how these things work. It's a very long and involved process and things change all the time and there can be long delays at any point in the process. Suits like this can take years to resolve, depending on the willingness of the parties to come to a settlement. A very very small percentage of cases ever actually end up in court in front of a judge or jury. It's a long drawn out process where the only winners are the lawyers.

I pray to the gawd of Duke that won't be the case...but I guess we have to wait much longer than we thought at first.

Scott said back in May, that we have to wait a year and the truth will come out.
I don't believe this anymore!

[MegaMustaine]

Originally Posted by JobivanHiob

so Take 2 profits through their lawyers?

Oh man...what George said could mean that we won't see DNF this year or even worse...!it could take years!....maybe I should reconsider buying a gaming notebook in April...

So Scotts teasing was invane...

This is atleast what could very well happen if Take 2 persists on their bully tactics! I never thought it would get that bad...

Remember to just take George's comments with a grain of salt. Most lawsuits don't take years, and remember this is 3DR we are talking about. They are very good at being hush, hush with recent examples being Prey and D3D for XBLA. There is ongoing work with DNF and Scott isn't teasing the game for no reason.

[KO Gilligan]

Originally Posted by MegaMustaine

Remember to just take George's comments with a grain of salt. Most lawsuits don't take years, and remember this is 3DR we are talking about. They are very good at being hush, hush with recent examples being Prey and D3D for XBLA. There is ongoing work with DNF and Scott isn't teasing the game for no reason.

You know how they always show these courts in movies filled with random community members who are interested in the case - Right now I'm picturing a bunch of middle aged men with beer bellies and T-Shirts with Atomic symbols on them.

[MegaMustaine]

I have the shirt. All I need to do now is wait 20 years and eat fast food for a while.

[SpinX]

Originally Posted by George Broussard

Neither do we. It's not how these things work. It's a very long and involved process and things change all the time and there can be long delays at any point in the process. Suits like this can take years to resolve, depending on the willingness of the parties to come to a settlement. A very very small percentage of cases ever actually end up in court in front of a judge or jury. It's a long drawn out process where the only winners are the lawyers.

then, the only thing you can do is gather some money, let a external studio finish the game and make tons of money from royalties! and kick take two in the balls of course...

Is there any glimmer of hope coming for us in 2010 regarding duke nukem forever?

[Conan of Cooma]

So the court case is still active?

Hmmm... And a year on there is still no info.

"Both parties" seem to want to drag this out.

[KaiserSoze]

Originally Posted by SpinX

Is there any glimmer of hope coming for us in 2010 regarding duke nukem forever?

Hope for a settlement that mandates the game being completed.
I think that's the best scenario for fans. As for the game coming
out this year: pretty much zero.

I'm still not exactly sure what will happen to the game should
3dr outright win. No completion funds = no game. Unless there's
some contract that promised 3dr completion funds from Take 2,
all I can see is 3dr saying "Hey we won!" but the fans will be
wondering "Yeah, but where's the game, you still don't have any money!"

I highly doubt George could/would comment on this but what
do you guys think?

How does a 3dr court win over Take 2 positively impact DNF's status?

[MegaMustaine]

Well as I have said numerous times, there is like a 99 percent chance the game is being worked on elsewhere at the moment. It has been hinted at by Scott and most recently by Mr. St. John. As far as what happens if 3DR wins the court case, they get to sell Duke and pay their lawyers with the profit.

---------- Post added at 01:21 AM ---------- Previous post was at 01:13 AM ----------

A side note:

If 3DR were to get someone to finish the game and then release it via digital distribution it would really force T2's hand. As far as I know T2 just has the physical distribution rights and if the game was released on Steam before they could release it I think it could really hurt them. I think if 3DR has someone actually finish the game it will be game over as far as the court situation is concerned. T2 would be forced to publish the game or wait for the court date. Honestly though, if 3DR has a finished product by the time this thing hits court what case does T2 have?

[SpinX]

Originally Posted by KaiserSoze

Hope for a settlement that mandates the game being completed.
I think that's the best scenario for fans. As for the game coming
out this year: pretty much zero.

I'm still not exactly sure what will happen to the game should
3dr outright win. No completion funds = no game. Unless there's
some contract that promised 3dr completion funds from Take 2,
all I can see is 3dr saying "Hey we won!" but the fans will be
wondering "Yeah, but where's the game, you still don't have any money!"

I highly doubt George could/would comment on this but what
do you guys think?

How does a 3dr court win over Take 2 positively impact DNF's status?

If another company is working on duke nukem forever with the funds 3drealms gathered from selling the prey IP (or their offshore accounts ) their is only the option to release this game before the end of the year... Otherwise the game is obsolete regarding technology...

I don't see 3drealms funding other duke nukem projects while they let their 20 million investment on duke nukem forever rot and die...

A court win over take 2 would implicate IMO that they receive their lawyer expenses for sure...

if take 2 loses the court thingie, maybe there is a chance they will sell their publishing rights to a publisher with money and interest for duke nukem forever or the entire duke IP...

I still believe that the best strategy for 3drealms is to finish the project with magically found money and render the court useless... they can't let their investment go to waste...

Kaisersoze, I'm still wondering what that quote meant what you said few months ago... (OMG, I can't believe this, nice!) please clarify

[JobivanHiob]

he was messing with us!

[Justyce]

It's not really active, not really closed either.
-
T2 is waiting for the 'delivery date to pass' then they will ask for a Federal court date.
The injunction is in place otherwise 3dr would be posting like crazy anything they have, or making up more fake trailers (sorry guys I hate bringing it up also).
-
We need to wait and see what happens once we get within 30 days of the 'gold disk delivery date', then we should see some real news.

[prophecy holder]

Originally Posted by Justyce

It's not really active, not really closed either.
-
T2 is waiting for the 'delivery date to pass' then they will ask for a Federal court date.
The injunction is in place otherwise 3dr would be posting like crazy anything they have, or making up more fake trailers (sorry guys I hate bringing it up also).
-
We need to wait and see what happens once we get within 30 days of the 'gold disk delivery date', then we should see some real news.

I don't most of us will be alive in 2143.