Gearbox was mystery developer behind Duke Begins

Court filings reveal Brothers in Arms studio had been tapped for now-shelved Duke Nukem project.

Last month, court filings in the Take-Two Interactive lawsuit against Duke Nukem Forever developer 3D Realms (incorporated as Apogee Software) revealed another game featuring the first-person shooter icon was in the works at a "well-known game developer" as early as 2007. That mystery developer appears to have been revealed as Brothers in Arms developer Gearbox in the dispute's latest filing.

Duke Nukem Forever would have been filled with beasties like this.

As reported by ShackNews and confirmed by GameSpot, a Take-Two response to Apogee's countersuit drops mention of the Borderlands and Aliens first-person shooter studio in a reference to the original three-company contract for Duke Begins.

The suit reads, "Under the 2007 Agreement, any modification to the development schedule for the Duke Begins game, following Final Concept Approval (as defined in the 2007 Agreement), is permitted without Apogee's consent provided that both 2K Games and Gearbox (as defined in the 2007 Agreement) consent to the change."

Gearbox has a fair amount of work on its plate even without Duke Begins. The studio is at work on Borderlands for Take-Two in preparation of an October launch, as well as the sci-fi first-person shooter Aliens: Colonial Marines for Sega. Looking further out, Gearbox also has its War Hero project, for which the studio registered a number of trademarks last month.

Take-Two acknowledges elsewhere in its filing that development on Duke Begins has been shelved "for the time being," but disputes that the project was put on hold to delay royalty payments that would have been owed to Apogee.

The current legal impasse between the two companies stems from the fact that Take-Two holds the publishing rights for Duke Nukem Forever, preventing Apogee from taking it to another company. Since Apogee owns the Duke Nukem IP, Take-Two can't commission another studio to make a game without the developer's consent.

According to a May 18 statement from Apogee, Take-Two tried to buy the Duke Nukem IP outright earlier this year. However, according to the developer, "Take-Two's proposal was unacceptable to 3DR for many reasons, including no upfront money, no guaranteed minimum payment, and no guarantee to complete the DNF game."

171 Comments

  • ChristianKiss

    Posted Sep 27, 2009 8:28 pm PT

    Who believes this game is going to be released? Really, I don't. And I'm not happy to say this, because I'm a long-time fan of Duke, but let's face the reality as most users here said.

  • -SonicAdvDX

    Posted Sep 16, 2009 5:49 pm PT

    It's not going to be realeased! Did you read the last article!? Have you been to the 3D Realms website! THEY'RE OUT OF BUSINESS!!!! DUKE NUKEM FOREVER IS FOREVER LOST!!!!!

  • Remington007

    Posted Sep 16, 2009 2:00 pm PT

    Hurry up and release the game you incompetent greedy morons!

  • Nikola_Bathory

    Posted Aug 27, 2009 11:57 pm PT

    Duke Nukem 3D is such a great game!
    I wish someone would release Duke Nukem Forever one day...

  • h2k47

    Posted Aug 27, 2009 7:46 pm PT

    'blood 1' was\is a much better game of that era..duke had no story or immersion as blood ..

  • TheSisko

    Posted Aug 22, 2009 3:22 am PT

    @lightleggy and MrHatnClogs:

    So funny! The game is called Duke Nukem Forever and it's taking FOREVER! Hahahahaha! (yes, that's sarcasm)

    Like we haven't heard that one millions of times in the past 12 years...

  • Hitmanspike

    Posted Aug 19, 2009 8:13 pm PT

    yeah duke nukem Forever will be released for the PS14 and the Xbox1440

  • philipk21

    Posted Aug 19, 2009 12:18 am PT

    Duke 3D was the best game of the 90's, but Duke Nukem Forever is the bigest joke of this century. 3Drealms changed it 3 times instead of releasing the game the first time, they could have made money instead they lost alot. if it ever gets released i will be dead, and i still have about another 50 plus years to go. i have stoped waiting for it to come out and moved on, everyone else should do the same.

  • lightleggy

    Posted Aug 11, 2009 6:52 pm PT

    ehhh
    guys
    I think the tittle duke nukem FOREVER says a lot...

  • beanies12345678

    Posted Aug 8, 2009 5:45 pm PT

    huh, Duke NUKEM for the 360?!?!! why, i never thought the duke could get any better... )))))

  • JediLegacy

    Posted Aug 8, 2009 11:50 am PT

    Would be interesting to see if this ever gets outta limbo. Still is considered the most BA character of the gaming world. I mean, seriously, "I'm here to kick a-- and chew bubble gum, and I'm all outta gum."

  • Keiner

    Posted Jul 23, 2009 8:13 pm PT

    You can always bet on the Duke!

  • disposition000

    Posted Jul 17, 2009 9:27 am PT

    *groan*

  • MrHatnClogs

    Posted Jul 17, 2009 7:36 am PT

    I think Duke Nukem *FOREVER* really explains the history of this game.

  • tommyc555

    Posted Jul 17, 2009 7:27 am PT

    If only Duke Nukem Forever was released back in 2001, the series could have been in great shape

  • Torpedeiro

    Posted Jul 16, 2009 7:27 pm PT

    new term: delaying more then 3 times = "crap, they're pulling a duke"

  • disposition000

    Posted Jul 16, 2009 6:48 pm PT

    plm3d_basic Hypothetically, if that was true, how would it matter in any way? Duke Nukem 3D was one of the best first person shooters of the nineties. If you had any idea how many people want to play Duke Nukem Forever you'd stick that comment up your ass.

  • plm3d_basic posted Jul 16, 2009 10:52 am PT (does not meet display criteria. sign in to show)

    plm3d_basic

    Posted Jul 16, 2009 10:52 am PT (hide)

    Duke is nothing more than a carbon copy of the Evil Dead character Ash with strippers for all the nerds to salivate over. Just hurry up and die.

  • Yojimbo25

    Posted Jul 16, 2009 8:34 am PT

    and no guarantee to complete the DNF game."

    Yeah right 3-D Realms completing DNF, that will be a cold day in hell..

  • LetItRegret

    Posted Jul 16, 2009 6:33 am PT

    I like how people say it's outdated and will never be revived. Just like Wolfenstein, amirite? owait.

  • Pilch_R_eD

    Posted Jul 16, 2009 1:27 am PT

    I don't care what anyone says. No matter what happens to the game or the IP, the Duke is Badass! Plain and simple. The Master Cheif is a clown compared to the Duke. Yeah I said it! When that Metal Rock starts playing, you know it'd be an awesome tune to blow the bit's off some alien scum. This is what games where about, over the top awesome fun. *sigh* the old days. Get over the red tape boy's, and make "Forever" count!!! =P

  • joviwovi

    Posted Jul 15, 2009 7:31 pm PT

    walk through*

  • joviwovi

    Posted Jul 15, 2009 7:30 pm PT

    i miss duke nukem. how much crap do us fans have through just to play this chinese democracy of video games. why are u torturing us 3dr why?!!!!!!!!!!!!!!!!!!!!!!

  • hatieshorrer

    Posted Jul 15, 2009 4:24 pm PT

    @Killingspree303

    So true but not in the way you seem to think. The original Duke Nukem 3-D will live on by means of collectors and fans of historic games. However 3-D realms will probably do something every 4-8 years to convince Take-Two they are working on it when they probably spent the twelve million Take-Two gave them for publishing rights on other games.

  • Scarshi

    Posted Jul 15, 2009 3:37 pm PT

    The only reason for these articles is because DNF had such a FAIL! history. Nothing was ever, ever, ever released ie. vaporware. I'm bored with DN as his legacy is now bound in so much red tape it's not funny.

    What is funny is a lot of people I know don't even know who Duke Nukem is. He has regressed to a point of being barely recognised anymore. Talk to kids about Call of Duty or FEAR or Gears of War and they all have something to say. Duke is history to only those that know him.

    Too bad, so sad ... whatever. I'll shed a tear. Honestly.

  • Killingspree303

    Posted Jul 15, 2009 11:03 am PT

    Duke Nuken can't die out, cause he was the start of good FPS games. Hail to the king, baby!

  • Pete5506

    Posted Jul 15, 2009 10:38 am PT

    its sad to say that we might never get to see more duke nukem

  • BGoodman

    Posted Jul 15, 2009 8:43 am PT

    If they just sold the IP then we'd all be playing the game if not now then a lot sooner then 3D Realms would let us play it..

  • RedSoxfan67

    Posted Jul 15, 2009 7:54 am PT

    well i can wait for the games coming out on the psp. although i really would have wanted to play a duke game for my 360. Maybe with team deathmatch online would be sweet but thats just a dream now

  • Gadeos

    Posted Jul 15, 2009 7:05 am PT

    Seems DN is gonna stay out of business for quite a while

  • jokers_anarchy posted Jul 15, 2009 6:41 am PT (does not meet display criteria. sign in to show)

    jokers_anarchy

    Posted Jul 15, 2009 6:41 am PT (hide)

    duke is never coming out

  • Irve

    Posted Jul 15, 2009 6:38 am PT

    I think we would have seen DNBegins before DNForever and that would have just been more preasure on DNF .... Not saying Take2 are innocent but i think the fact 3Drealms shut up shop when asked for the source code speaks volumes for just how far away from completion this game was.
    DNF is a fial of epic proportions 15 years and not even a demo !

  • Jamez5895

    Posted Jul 15, 2009 6:37 am PT

    i have given up on duke nukem forever

  • -Beatz-

    Posted Jul 15, 2009 5:46 am PT

    "no guarantee to complete the DNF game."
    Hah, that's just ironic, coming from 3D Realms.

  • andy_lyall

    Posted Jul 15, 2009 4:35 am PT

    @grootelaar
    Actually, avp2 was developed by Monolith (of no-one lives forever and fear fame), published by Fox Interactive.

  • craigofadown

    Posted Jul 15, 2009 3:47 am PT

    Reviving a brand this old seems a pointless task now, it's a waste of time and money. Too little too late.

  • rob_dAmAgE

    Posted Jul 15, 2009 3:33 am PT

    as a long-time duke fan, i'm sorry but i have to say this: "who the hell cares anymore???" this "yes dnf" wait "no dnf" has given new meaning to the term 'beating a dead horse"

  • TheDanwich

    Posted Jul 15, 2009 3:31 am PT

    Seriously, who cares? I was slightly excited by Duke's return once, back in 2001!

  • biotyrant

    Posted Jul 15, 2009 3:13 am PT

    2001 eh? more like 200-NEVER

  • zpirit posted Jul 15, 2009 3:06 am PT (does not meet display criteria. sign in to show)

    zpirit

    Posted Jul 15, 2009 3:06 am PT (hide)

    It will never compete with toadays gaming, its an obselete brand by a obselete producer.

  • Kman8909

    Posted Jul 15, 2009 2:57 am PT

    Honestly, Duke probably won't sell as well as it did back then. Newer gamers probably won't be interested in the series and it would only sell among the hard core fans who are CRAVING the game. The character is just too bland and it's an icon of 80's action flicks, nothing more. Unless they decided to give him more "character" he's pretty much a cardboard cut out to me.

  • jorelsallen

    Posted Jul 15, 2009 2:57 am PT

    This game will be awesome if it ever comes out but on another note what does AAA titles stand for?

  • pakhair

    Posted Jul 15, 2009 2:49 am PT

    I wouldn't say anything more then this...........

    Finish this crap & tell us, What will happen to the ip........

  • RonTorque

    Posted Jul 15, 2009 2:16 am PT

    Sick of this crap either you release the god damn game or you don't.
    D-Bags.

  • jazz360

    Posted Jul 15, 2009 2:06 am PT

    the game is called forever, so yea it will take forever

  • grootelaar

    Posted Jul 15, 2009 2:01 am PT

    avp 2 came from gearbox assome game this game must be assome

  • Jedilink109

    Posted Jul 15, 2009 1:41 am PT

    Well hey 3D Realms is making a new Duke Nukem trilogy for PSP and DS. I'm exicted about that. And since the studio isn't closing, I'm sure they'll finish DNF.

  • sasha08

    Posted Jul 15, 2009 1:30 am PT

    I do hope this game gets a release sooner rather than later.

  • Clive-Owen posted Jul 15, 2009 1:23 am PT (does not meet display criteria. sign in to show)

    Clive-Owen

    Posted Jul 15, 2009 1:23 am PT (hide)

    here's the thing, Duke Nukem was a king in 2 DECADES ago, and it had a personality, but things have changed and whatever setting they choose for the game would be a lame copy, FPS or 3rd person shooters? we've go tons of AAA titles out there,

  • juuhammertime

    Posted Jul 15, 2009 1:06 am PT

    this duke nukem thing has been on the shelf for the better part of a decade
    they have shifted developers so many times that no one has any clear view what this monstrosity will look like.
    My prophecy is that this will either never be made, or will be rushed out to bury the burden of making it. For the later if that happens it will suck something awful so there will be no more duke nukem probably ever again.
    I wish they would do something with this thing I'm very tired of hearing about the list of maybes for this game

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