Pretty damning, based on the claims.

I can see it now. 3d Realms loses and is forced to delay DNF until they can get enough investors to finish it up. DNF is just a figment of our imaginations after all.

It's gonna be pretty tough to prove "Space Marines Shooting Aliens" was an original concept to begin with.

Ok now for sure we never are going to see "Did Not Finish".

Assuming the claims are true, and they are probably are, 3DRealms is fucked. Looked like a pretty interesting game too. Figures that they weren't the ones to think of it. Only thing that kind of makes this seem a bit off is that it took them this long to file the claim when the game's concept has been thrown around in the press for months now. Since summer, I think.

FYI "shipped around" I think should be "shopped around." Cheers.

Here's a lawsuit against a well-known company where I can actually believe the plaintiff's claim. 3Drealms don't do anything right anymore.

so assuming Cinemagraphx wins thier suit, they would get $150,000 plus lets say 5% of the games profit. That means they would stand to gain about $150,023. Not bad for stealing an already ran into the ground, stomped on and lit on fire idea that has produce crappy games.

"Cinemagraphix don't think so, and in January filed for damages, including $150,000 and a share of the game's profits."

Wanting a share of a 3D Realms game's profit is like demanding a share of the pot of gold at the end of a rainbow.

This company is expecting that 3D Realms will actually profit from this game. There has to be a game first, and we all know 3D Realms' track record when it comes to finishing games!

@ReidP: @Nirolak: Everything I came in here to say has been said. So long!

Right, because Prey only sold 10 copies. *rollseyes*

I cry bullshit co incidence on this one.

IP laws - a perfect failure of society.

@Witzbold: lol

Okey, I'm not surprised if this is true, this is like the "Bee movie" where Seinfeld stole the concept plus title and everything from a Swedish company pitching the idea and he replied that he did not stole it because anyone have a right to make an animated comedy movie about bee's.

I think this happens queit often, more then you suspect. From everything to books, movies and games. People will always steal, but then we do have the people that make shit up and claim they came up with shit. Who knows what this belongs.

Suing and Video games. They go hand and hand.

Finally, a lawsuit that sounds plausible.

That's why you sign "non disclosure" contracts. I.E. I show you my idea, but if you don't use it, you keep a lid on it and don't use it yourself.

This way you can sue not for infringement, but for Breach of Contract.

@Sailorcancer: Now that Games make as much money as they do we can expect as huge leap in lawsuits and hiring of lawyers and copyright stuff plus "patents" pumping out alarmingly fast.

@SSJPabs: It was still all probably copyrighted so they could essentially show them it and still sue them for taking it.

Cinemagraphix will have to wait at least 11 years to take their share of the profits from the game if Prey and DNF are any indication. It seems like it would be better to cancel a project than to leave it to burn in development hell, but apparently 3D Realms doesn't think so.

To their credit, they did finally release Prey. It wasn't too bad.

I call shenanigans. If they try and show proof conept art people can just say, you know what it looks like because 3d realms showed it off. Get rid of this law, its crap. Who needs money anyway.

C'mon 3D Realms, if you're going to rip off somebody elses idea then at least CHANGE THE NAME. Sheesh.

I am going to guess that this company is suing 3d realms for what the proposed deal would have been./ I am rooting for this company because they are suing the right way not for some rediculous amount of money.

I was hoping this was about Sam Raimi finally getting around to suing them.

It's kerfuffle, Luke. Kerfuffle.

I've just lost so much respect for 3DRealms. Oh wait! I didn't have any to begin with.

I still wonder where they find the time to work on (and release) games that aren't Duke Nukem Forever, yet DNF is taking upwards of a decade to come out.

@StuLTissimus: hahaha, thanks

@DarkTetsuya: I bet it has become something they are obsessive about too. Like they have a trauma over it, their whole company is getting smaller and they have nightmares and know, that if they do not finish it, life can not go on.

They must've thought: let's ask for... let's say, 75% of the game profit or $150000 and 5%?

They made the correct choice. Would've been better if they asked the whole thing in cash though. :P

Anyways, if true, I hope Cinemagraphix wins. Very dirty business right there.

1 solution - Change name and characters half a tweak.

$150,000 is pretty low.

Pft, some asshole tried to steal one of my modelers from out team, today!!!!

There is a lot of slime in this industry.

I would be interested in hearing 3DR's side of this. Something just sounds off about the whole thing. Who would be stupid enough to do this and not change the name and alter the premise?

The article is not very encouraging, however... I hope there's a rational explanation for this that makes sense. :(

Less money to pay devs' more money to pay lawyers.

Too bad the "plot" to Duke Nukem Forever has about 10 years of prior art from E3 showings and trailers. If anything, Earth No More shopped around in 2005 stole from 3D Realms.

Wait... this 'original concept' has been used in other games - in fact i can name one right now: UFO: Aftermath.

I'm sure that with even a little digging more can be found - not to mention TV series.

Hmmm.. What about Day of the Triffids? Not spores but seeds that spread from a plane crash.

An episode of The outer limits had spores from space in it...

While the idea isn't that original... i can't defend 3D Realms from copying the name of the game... It's possible that it was unintentional but i can't see how.

I'll bet they would drop it if 3DR release Duke Nukem Forever. That would solve a lot of problems.

"The premise is not a very popular one in the videogame community right now," he added.

Ahahahhahahahah

@Samos42: Well from everything I've seen in my classes, it's harder to prove infringement that way.

Wow, "Earth No More"... I didn't read the article (just the main page blip) but I can basically guess what this game is like. You're probably in space, it's probably a FPS... it's probably got dudes in space-suits. And aliens. And you probably shoot them.

Seems like Cinemagraphix has a case. :P

This doesn't sound like the most generic game ever. What will 3DRealms do next? A WW2 shooter? That would blow my mind with its originality.

They better hope they have a signed NDA or else they might not win against 3DRealms.

Also, 3DRealms really likes Finland game developers:
[en.wikipedia.org]
[en.wikipedia.org]