The Take Two vs. 3D Realms (3DR, incorporated as Apogee Software Ltd.) -- lawsuit is a complicated one, rousing all sorts of reactions from gamers. The plot gets yet thicker with the release of court documents on the case, which show the publisher (Take Two) claiming the Duke Nukem Forever (DNF) developer has an offshore funds account (which could be used to pay the 12 mil they're asking for), and reveal DNF still isn't exactly dead, though we're pretty sure at this point most fans would rather it so.

The short version of the story is Take Two wants compensation for the failed delivery of DNF, while 3DR is rejecting their claims, further stating the publisher "materially changed the parameters" following "mutually-agreed milestones".

"Upon information and belief," read the newly released documents, "Apogee 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."

Also made note of is an Xbox 360 version of the game, requested by the publisher. Apparently 3DR didn't agree with the funding proposals for it, so Take Two sought another developer, assuming 3DR would oblige to hand over their source code in light of contractual obligation. They weren't, as we now know, given the prompt shutdown on the project and mass layoffs at their studio.

3D Realms/Apogee Ltd. founder Scott Miller commented on the story as reported on shacknews:

"Do readers here realize that filed lawsuits are entirely one-sided statements, based on knee-deep BS and with more spin than 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 full trial should commence sometime between March and June 2010.