3D Realms (and parent company Apogee) founder Scott Miller has rubbished claims of an offshore bank account with "substantial funds" made in a Take-Two lawsuit.

"Do readers here realize that filed lawsuits are entirely one-sided statements, based on knee-deep BS and with more spin that a top?" Miller asked Shackews.

"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."

Take-Two wants USD 12m compensation for the failed delivery of Duke Nukem Forever, which the publisher believes Apogee has, despite 3DR claiming funding was the reason the game was buried and most staff laid-off.

"Upon information and belief, 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," said the publisher in the freshly-unearthed May lawsuit.

The lawsuit suggests the real reason may be an Xbox 360 version of Duke Nukem Forever. Take-Two wanted it, but claimed 3DR disagreed with funding proposals. T2 sought out another developer for the console version and assumed a contractually obliged 3DR would provide source code.

But, without warning, Apogee shut down development on DNF and all but closed 3DR.

A full trial is expected within eight to 11 months from now.

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Robert Purchese

Robert Purchese

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Bertie is senior staff writer and Eurogamer's Poland-and-dragons correspondent. He's part of the furniture here, a friendly chair, and reports on all kinds of things, the stranger the better.

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