So maybe Duke Nukem will go on forever, after all. In court, if not on computer. Take Two is now suing Apogee over, apparently, the non-completion of DNF.

While there are newsbits all over the net, exact details are hard to come by. The suit was filed May 12th, 2009 in the New York State Supreme Court, New York County (more familiarly known as Manhattan).

The court has an online database, but as of my check earlier, no documents have been scanned in. So the contents of the complaint are unknown, although Bloomberg seems to have some info on that. How they got it, I don’t know.

All I could obtain from the site is that it’s Take-Two Interactive Software, Inc. v. Apogee Software Ltd, that T2 has filed a motion for a preliminary injunction/temporary restraining order (for what is not known), and a hearing on that motion is scheduled for 11 AM on June 4th, 2009.

It will be interesting to see what Take Two expects to get out of all this. According to Bloomberg, T2 paid $12 million for the publishing rights, apparently to Apogee. Do they want it back? Would they settle for less? Will this ever go to trial? And does anyone outside the litigants even care?

The Duke was a hot item back in the ’90s, but twelve years later, how big a fan base is left? Sure, there are still those who would buy DNF if it came out tomorrow (or even in another 12 years). Big enough to recoup all the costs? I have my doubts.

And there is still the troubling question of why Take-Two waited so long for this game. Were they that naive, to be a 12-year patsy? How could they be?

So DNF slogs on, despite the closure of 3D Realms. And I wonder if maybe 3DR got wind of Take-Two’s plans to file suit, and got out while the getting was good.

For the Bloomberg squib, scroll down the page, as it has many items.

Take Two Sues Apogee