Theory of the D-day

[Rockn-Roll]

To be honest...I too have heard calls for programmers on a AAA game...from John Romero. What if...yeah...it must start with a disclaimer, but what if some of the original game developers decided to help 3DRealms out and do some secret work on DNF the sly so when the court action finally ends then DNF can be immediately released. That would be awesome!

But, there is no doubt that T2 is scum. My dealings with them on Bio Shock 2 leaves me thinking that they don't care about what they are doing as long as they have power to do it. If they had just forked over the money that 3DR needed then we would be neck deep in virtual strippers and pigs. I'm thinking very hard about not buying anything T2 ever no matter what...even if they win DNF and finally release it I think I'll just ignore it...at least until T2 crumbles and someone else takes over.

[MegaMustaine]

Originally Posted by JobivanHiob

I don't think so...keeping T2 in the dark is no good strategy, this could make the situation between T2 and 3DR even worse. They need to cooperate...I'm sure T2 is is working with 3DR together to finish the beast via Gearbox.

I really don't see T2 working with 3DR right now. If 3DR finishes the game T2 will have to publish it.

[Altered Reality]

Originally Posted by Duke's New Chainsaw

He'll be eating more soon.

Yeah, he'll be eating... CROW!!!

[Angelo86]

1 month... are you ready?

[JobivanHiob]

1 month or 3-4 days.

No I think no one is really ready.

SHOCK AND AWE they said

[SpinX]

Originally Posted by JobivanHiob

1 month or 3-4 days.

No I think no one is really ready.

SHOCK AND AWE they said

but Scott miller or GB would have teased if something was up... they always tease... its their second nature... if it really was 1 month or 1 week away, they would be twittering, talking cryptic about what was up...

[JobivanHiob]

Scott stopped teasing us early this year. This was for a reason! He would tease if he could!

[pjVgt]

They aro not teasing You because nothing will happen on D-Day naives.

[JobivanHiob]

I would guess 3DR stopped teasing because Take 2 put some pressure on them. Scott can't speak about anyhting regarding DNF, but he would love to.

[Psyrgery]

Beware! The D'oh! Day is coming!

[crunchy superman]

Originally Posted by JobivanHiob

I would guess 3DR stopped teasing because Take 2 put some pressure on them.

You mean other than suing them?

[pjVgt]

Originally Posted by JobivanHiob

I would guess 3DR stopped teasing because Take 2 put some pressure on them. Scott can't speak about anyhting regarding DNF, but he would love to.

Someone (I don`t remember who exactly - maybe user BlackCat) wrote it is untrue. I don`t know how american law is but in EU another side in case can`t forbid You to speak about the subject, maybe only in case when national security is involved and one of the sides is goverment institution with security clearance.

I think that the do-not-speak policy is not forced by T2 but instead it is a compromise between both sides - it is just a smokescreen. T2 doesnt want a leakage of any materials from a game they can potentially finish and make money of, and 3DR doesn`t want any more embarassment.

[Altered Reality]

Originally Posted by Psyrgery

Beware! The D'oh! Day is coming!

[Kristian Joensen]

"Someone (I don`t remember who exactly - maybe user BlackCat) wrote it is untrue."

Just because he says so, doesn't mean it is true. But is not just a matter of what they are legally allowed to say, but what is legally prudent to say. Someone who is a defendant in a criminal proceeding can spill his beans if he wants to but it is not the most prudent thing to do: http://www.youtube.com/watch?v=6wXkI4t7nuc

[pjVgt]

I just discovered what message for us DNF fans George&Scott hide in the "SHOCK AND AWE" sentence:

1. SHOCK AND AWE - cross out H and change AWE to SHOCK
2. SOCK AND SHOCK - cross out ND and change CK to T
3. SOCK A SHOT - we are almost there! now cross out A and change first O to U and second O to I
4. SUCK SHIT - congratulations now You know what George&Scott really think of You

[SpinX]

after an E3 without duke nukem forever or without any news about the game after July, I suggest the closure of the duke nukem forever section of this forum untill they tell us fans something...

[WoodenSword]

DNF will NOT officially appear in E3, twitter,facebook,etc until the negotiations are over.

It is irrational to expect a sudden appearence of DNF.
We would receive news on the Take 2 case first.

[pjVgt]

Originally Posted by WoodenSword

DNF will NOT officially appear in E3, twitter,facebook,etc until the negotiations are over.

It is irrational to expect a sudden appearence of DNF.
We would receive news on the Take 2 case first.

No side can`t forbid other side to speak about the subject of trial, it is just a matter of good manners between both sides. In this case good manners are more important than people who waited 14 years - so congratulashuns u has been ofishaly rickrolld.

[Kristian Joensen]

It is not at all a matter of good manners, it is a matter of prudence. ANYTHING they say will be used against them.

Edit:

As I understand it there is also a actual legal dispute on what 3DR can do as Take Two is claiming that the leaked media violates their exclusive right to market DNF. Take Two might make the same claim on anything that GB and/or SM were to say.

[KO Gilligan]

What if it would be strategically advantagous to actually have a completed game to negotiate over in court? We already know the publishing rights have some kind of allowable in-house distribution.

I'd find it really funny if this turns back on T2, who claims 3D violated some kind of timeline, by having George - with disk in hand - actually telling T2, and the world, that the game is ready to ship if it not for the legal problems and formalities. I believe they could even begin sme form of digital distribution if it not for the fact that T2 would be screaming they deserve their cut on ANY distribution. It could be unbound from the court's decision on Retail Store and 3rd party distribution, essentially giving an official green light to start selling it to us - damned with T2.

If I was a gambling man, I'd say the court would also have to rule against any kind of claim about T2 having a binding timeline commitment, leaving nothing but the bickering over the responsibility of legal fees - which would certainly weigh against T2 for looking like a bully about their rights to the game.

[Psyrgery]

Originally Posted by pjVgt

I just discovered what message for us DNF fans George&Scott hide in the "SHOCK AND AWE" sentence:

1. SHOCK AND AWE - cross out H and change AWE to SHOCK
2. SOCK AND SHOCK - cross out ND and change CK to T
3. SOCK A SHOT - we are almost there! now cross out A and change first O to U and second O to I
4. SUCK SHIT - congratulations now You know what George&Scott really think of You

You made my day, a winrar is yuo!

[WoodenSword]

Originally Posted by KO Gilligan

What if it would be strategically advantagous to actually have a completed game to negotiate over in court?

I agree, this is the best scenario... but as most ex employees have implied, a secret development without resources or the original DNF team is unrealistic

[Kristian Joensen]

Originally Posted by KO Gilligan

What if it would be strategically advantagous to actually have a completed game to negotiate over in court? We already know the publishing rights have some kind of allowable in-house distribution.

I'd find it really funny if this turns back on T2, who claims 3D violated some kind of timeline, by having George - with disk in hand - actually telling T2, and the world, that the game is ready to ship if it not for the legal problems and formalities. I believe they could even begin sme form of digital distribution if it not for the fact that T2 would be screaming they deserve their cut on ANY distribution. It could be unbound from the court's decision on Retail Store and 3rd party distribution, essentially giving an official green light to start selling it to us - damned with T2.

If I was a gambling man, I'd say the court would also have to rule against any kind of claim about T2 having a binding timeline commitment, leaving nothing but the bickering over the responsibility of legal fees - which would certainly weigh against T2 for looking like a bully about their rights to the game.

So you are you saying that 3DR are betting on Take Two breaking whatever contractual provision they have implementing the following principle?

[7] If the publisher fails to publish your game... ... then you should get all rights back, allowing you to pursue other avenues. For example, if you deliver a completed game to the publisher, the publisher should be expected to release that game within two months, otherwise the full rights of that game return to you (and you should keep all of that publishers advance money, too), allowing you to take it elsewhere.

(Source: http://archives.igda.org/articles/sm...mmandments.php)


I really do hope that 3DR wins. If Take Two ends up winning their lawsuit when all is said and done then nobody can rely on contracts again in the US. Contract language that says "up" can be intepreted by the courts to say "down". This lawsuit is much bigger than 3DR, Take Two or DNF.

[KO Gilligan]

Originally Posted by Kristian Joensen

So you are you saying that 3DR are betting on Take Two breaking whatever contractual provision they have implementing the following principle?

(Source: http://archives.igda.org/articles/sm...mmandments.php)


I really do hope that 3DR wins. If Take Two ends up winning their lawsuit when all is said and done then nobody can rely on contracts again in the US. Contract language that says "up" can be intepreted by the courts to say "down". This lawsuit is much bigger than 3DR, Take Two or DNF.

It seems unlikely that they could both keep their commitment to publish, and have any kind of court claim going about the game.

Add to that the little exclusion that allows 3DRealms to distribute.

If this is some kind of landmark case regarding game publishing, the least that will come out of it is standardized language regarding those rights. Since Case law is book law, developers and publishers have only to keep going back to previous rulings to develop their contracts.

I think Take Two should win this case. They're a standup bunch of really great people and their rationale in this case is bulletproof.

Spoiler:

show spoiler

[Martyr]

Think about it guys.

TakeTwo.... TakeTwo became a publisher in 2003
DNF.... DNF was announced 1997
7+3 = 10
2010
DNF Has been in development for about 13 years. Drop the 1 and you get 3.
3 x 2 = 6
6-2010
There are 3 pages in this thread
3+3 = 6
6-6-2010

100%%%% G01ng t0 Happ3n. Sh0wk & Aw3

[Damien_Azreal]

Your math is thrown off by anyone who has changed the post count per page... which means for some of us, this thread is only on 2 or even 1 page.

Shock and awe.... fall and burn.

[MrBlackCat]

Originally Posted by Kristian Joensen

"Someone (I don`t remember who exactly - maybe user BlackCat) wrote it is untrue."

Just because he says so, doesn't mean it is true. But is not just a matter of what they are legally allowed to say, but what is legally prudent to say. Someone who is a defendant in a criminal proceeding can spill his beans if he wants to but it is not the most prudent thing to do: http://www.youtube.com/watch?v=6wXkI4t7nuc

You are correct... to some degree. In criminal cases this is probably accurate, but this is not a really that type of case.
I do agree that it might not be the best thing to do, but I am certain they know their boundaries. Talking to the fans on a public site in a speculative manner would not likely hurt a thing for a non criminal case.
I like the video linked. Excellent advice and demonstration. But in my opinion it doesn't apply. I do not know the parameters of the case anyway.

However... if they choose silence, they don't really need an excuse anyway. If everything I said was picked apart and speculated psychotically like anything George B says, I think I would be silent also. I just don’t think with this type of case it is necessary.

MrBlackCat

[dukeonly]

why don't we move take two to iran, then when they get blown up, hopefully 3d realms is off the hook...


of course what does that mean?

[crunchy superman]

Originally Posted by dukeonly

why don't we move take two to iran, then when they get blown up, hopefully 3d realms is off the hook...


of course what does that mean?

Dude, lurk more.

[KaiserSoze]

I really used to enjoy coming to the DNF forum here but lately the threads and posts are just depressingly bad. Some may argue it's been that way for years(I don't).

Threads and posts talking about fecal matter, weak trolls(cmon, trolling the DNF forum?) and so on........it's just gotten tired.

I'd advocate the closing of the DNF forum here until there's something to actually talk about ie: the game being completed or canceled. It's just painful to wade into this garbage now.

[Montykoro!]

Originally Posted by KaiserSoze

I'd advocate the closing of the DNF forum here until there's something to actually talk about ie: the game being completed or canceled. It's just painful to wade into this garbage now.

+1

Always HOLD on duke

[WoodenSword]

yeah i agree....and i would like to add

has anyone realized that 3drealms has abandoned its forum for almost a YEAR??

[mr.smith]

Originally Posted by WoodenSword

yeah i agree....and i would like to add

has anyone realized that 3drealms has abandoned its forum for almost a YEAR??

That's because they're actually working.
DNF must get completed or they're toast.
one duke game is not going to save them they need like 5 to be exact.
DNF, Trilogy X3, Begins.

[Altered Reality]

Originally Posted by mr.smith

That's because they're actually working.

If by "working" you mean "not touching anything DNF-related until the end of the lawsuit"...

[JobivanHiob]

hold on for just one more month!!!!

DNF will fall or rise with E3!

And IT WILL RISE!

[crunchy superman]

Uh-huh, of course it will.

[Damien_Azreal]

I'm going to laugh so damn hard when E3 comes and nothing happens.

[Superczar]

Originally Posted by JobivanHiob

hold on for just one more month!!!!

DNF will fall or rise with E3!

And IT WILL RISE!

FFS, can't you give it a rest?

[JobivanHiob]

Damien that may be your oppinion.
Even now the so called officials are laughing about DNF...


but a true Duke fan never gives up, never surrenders!

Duke fan forever and ever!