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Duke Nukem 4 Never

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  • #16
    Originally posted by deanjo View Post
    lol, no wonder why Take 2 refused to buy Duke's IP or offer funding for it. They are going to end up getting it for nothing.
    Heh... The thing is that them doing that successfully may remain to be seen. The play they seem to be making explains the lack of ponying up $5 mil and demanding $30 mil for publishing rights for something they didn't fund, bought the rights off of another publisher for $12 mil... The big problem with them succeeding in this play would be that the Court may have trouble buying the line when it comes to light that they did this play the way they did. Seriously.

    This gets weirder and weirder as it plays out. "As the Stomach Turns"...

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    • #17
      Originally posted by xav1r View Post
      But, does this mean all the Apogee games are now free and up for grabs???
      No. The rights to the back catalog belongs to the newly reformed Apogee, LLC that's related to, but not the same entity as the original, which renamed itself to 3DRealms. When they formed the company, they spun off the rights to them, with the ability to continue to produce DNF, etc.

      Moreover, 3DRealms hasn't done anything official other than close down daily operations as a publisher and a studio. Moreover, they've not dissolved the company fully yet. Until it's sold off or dissolved, even if they didn't hand rights control, via contract, to a sister company- they stay with the company.

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      • #18
        Originally posted by Svartalf View Post
        No. The rights to the back catalog belongs to the newly reformed Apogee, LLC that's related to, but not the same entity as the original, which renamed itself to 3DRealms. When they formed the company, they spun off the rights to them, with the ability to continue to produce DNF, etc.

        Moreover, 3DRealms hasn't done anything official other than close down daily operations as a publisher and a studio. Moreover, they've not dissolved the company fully yet. Until it's sold off or dissolved, even if they didn't hand rights control, via contract, to a sister company- they stay with the company.
        ughhh all this publishing mumbo jumbo. How do you manage to handle it all

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        • #19
          Originally posted by L33F3R View Post
          ughhh all this publishing mumbo jumbo. How do you manage to handle it all
          I'm not quite sure sometimes... It's a twisted world, to say the least. It gets even more entertaining when you start talking "Patents". I've gotten my fair share of more than most people could stomach of that having filed one myself.

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          • #20
            Originally posted by Svartalf View Post
            No. The rights to the back catalog belongs to the newly reformed Apogee, LLC that's related to, but not the same entity as the original, which renamed itself to 3DRealms. When they formed the company, they spun off the rights to them, with the ability to continue to produce DNF, etc.

            Moreover, 3DRealms hasn't done anything official other than close down daily operations as a publisher and a studio. Moreover, they've not dissolved the company fully yet. Until it's sold off or dissolved, even if they didn't hand rights control, via contract, to a sister company- they stay with the company.
            So when are they going to be fully dissolved/sold off. I'd love to buy the rights to Rise of the Triad or Shadow Warrior.

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            • #21
              Originally posted by xav1r View Post
              So when are they going to be fully dissolved/sold off. I'd love to buy the rights to Rise of the Triad or Shadow Warrior.
              Heh... I'd love to own the rights to either of them. Not that any of us would have a shot or the cash assets in hand to purchase the thing. And if someone buys them lock-stock-and-barrel, you won't likely have a shot at buying the rights to the assets.

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              • #22
                Originally posted by Svartalf View Post
                Heh... I'd love to own the rights to either of them. Not that any of us would have a shot or the cash assets in hand to purchase the thing. And if someone buys them lock-stock-and-barrel, you won't likely have a shot at buying the rights to the assets.
                Do you really think they are worth that much? I mean, what, 6 figures for some dos era not so big name games? Where would anyone interested go asking for a shot at buying the rights anyways?

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                • #23
                  Originally posted by xav1r View Post
                  Do you really think they are worth that much? I mean, what, 6 figures for some dos era not so big name games? Where would anyone interested go asking for a shot at buying the rights anyways?
                  it's like L33F3R's fuzzy wuzzy teddy bear, it has sentimental value

                  (no i dont have 1 [that i know of])

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                  • #24
                    Originally posted by xav1r View Post
                    Do you really think they are worth that much? I mean, what, 6 figures for some dos era not so big name games?
                    Now... What did I say before...hm?

                    Just because YOU value them at less than 5 figures, doesn't mean the business or the Trustee will value them less.

                    Where would anyone interested go asking for a shot at buying the rights anyways?
                    Typically, if the the company goes into Chapter 11, they peddle it to other companies. If they're in Chapter 7, the Trustee will initially try to peddle it to the usual suspects and then possibly hold a sealed bid auction on it if there's no takers. The average people typically DO NOT have an in on getting to make offers on things there.

                    This presumes the company files bankruptcy. If they don't, you have to know the principals or be hooked up with them. Typically, they're looking for 5 figures for most things in that situation.

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                    • #25
                      Hmmm, now 3D Realms is saying Take 2 never even paid for the publishing rights. If that's the case I can see MS moving in after the court case.

                      Shacknews has some court documents from the Take-Two lawsuit against 3D Realms indicating the publisher is claiming it is owed "millions of dollars," and is seeking the court's help in protecting the source code and other assets from Duke Nukem Forever. They also have a comment from Scott Miller, who says 3D Realms will have more to say on the matter soon, but in the meantime he denies Take-Two's claim that it paid 3D Realms $12 million for the DNF publishing rights, "No. We didn't get a penny of that money," says the 3D Realms co-owner, who adds: "This, along with so much else, is 100% spin, being eaten up by those who have no clue whatsoever."
                      Either way I see Duke being published "when it's done".

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                      • #26
                        Originally posted by deanjo View Post
                        Hmmm, now 3D Realms is saying Take 2 never even paid for the publishing rights. If that's the case I can see MS moving in after the court case.
                        My take on this, based on the tracing of the history is this:
                        1. 3DRealms had a publishing deal with Gathering of Developers (GoD) while they were still in business.
                        2. GoD became a subsidiary (but not directly associated with Take-Two) sometime around 1999.
                        3. GoD was purchased outright by Take-Two in 2000. The $12M claimed to have been paid for the rights was part of the purchase deal for GoD.
                        4. Later on, Take-Two offered a payment of 4.5 million plus royalties on the delivery of the game with an additional half mil bonus if delivered on or before December 31, 2006.
                        5. At no point did Take-Two pay anyone at 3DRealms anything. They hold the publishing rights contract that was signed with the Gathering of Developers for whatever deal that was made (no details on that contract are known, but it certainly wasn't for 12Mil...).

                        It doesn't seem that Scott's remarks are out of line or false- and don't characterize anything other than disputing the outstanding line that people keep thinking happened; which is that Take-Two paid them $12 million which they really, really didn't.

                        Either way I see Duke being published "when it's done".
                        No kidding... But...it's time to stick a fork in it...it's done...

                        Does that mean it'll get published?

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                        • #27
                          One day this game might actually come out (or not).

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                          • #28
                            Unfortunately this might be true... as a German proverb goes: "Totgesagte leben lšnger!" ( those considered dead live longer ).

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                            • #29
                              Originally posted by Svartalf View Post
                              My take on this, based on the tracing of the history is this:
                              1. 3DRealms had a publishing deal with Gathering of Developers (GoD) while they were still in business.
                              2. GoD became a subsidiary (but not directly associated with Take-Two) sometime around 1999.
                              3. GoD was purchased outright by Take-Two in 2000. The $12M claimed to have been paid for the rights was part of the purchase deal for GoD.
                              4. Later on, Take-Two offered a payment of 4.5 million plus royalties on the delivery of the game with an additional half mil bonus if delivered on or before December 31, 2006.
                              5. At no point did Take-Two pay anyone at 3DRealms anything. They hold the publishing rights contract that was signed with the Gathering of Developers for whatever deal that was made (no details on that contract are known, but it certainly wasn't for 12Mil...).

                              It doesn't seem that Scott's remarks are out of line or false- and don't characterize anything other than disputing the outstanding line that people keep thinking happened; which is that Take-Two paid them $12 million which they really, really didn't.



                              No kidding... But...it's time to stick a fork in it...it's done...

                              Does that mean it'll get published?
                              I thought the previous publisher was GT Interactive, which was bought out by Infogrames. Didnt Take 2 pay them the 12m for the publishing rights?

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                              • #30
                                Originally posted by Dragonlord View Post
                                Unfortunately this might be true... as a German proverb goes: "Totgesagte leben lšnger!" ( those considered dead live longer ).
                                well then im a zombie

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