Every time we think the topic is dead and buried, someone has to go and dig it back up. When the fate of Duke Nukem Forever was questioned during a panel at MAGfest in Alexandria, Virginia over the weekend, Duke's voice suggested that fans should be curious as to why he wasn't allowed to discuss the game.

"He's asking about Duke Nukem Forever, let me go ahead and tell you right now that I'm not allowed to talk about Duke Nukem Forever." *crowd groans with disappointment* "No, no, don't be disappointed. Read between the lines. Why am I not allowed to talk about it?"

His response garnered cheers from the crowd, after which St. John made a crack about a girl giving him Bawls, and we begin to see why he was cast as Duke in the first place.

Of course, this is no official confirmation, and he St. John was under the influence of Bawls, but it's good enough to give fans still holding out hope more to cling to.

Check out video of St. John's comments below at Brave New Gamer.

The Voice of Duke Nukem Facetiously Confirms Duke Nukem Forever [Brave New Gamer = Thanks Kapta!]

Jamie Madigan, a psychologist who also writes The Psychology of Video Games, found the circumstances of 3D Realms' notorious dozen-year development cycle fit that psychological phenomenon, which is famously explained by an experiment in which a single dollar bill ends up auctioned off for $10 or more. As unreasonable as that is, the circumstances of the bidding (and the rules of the auction) encourage the participants to win the process simply to justify their earlier investments in it.

Even as lampooned and derided as 3D Realms is over its endless dithering on Duke Nukem Forever, I'm sure this isn't the only reason developers stuck with the project. Some, in fact, did leave the project. But this is as good as any explanation, and I wonder if it also explains the decisions made by some employees at Sensory Sweep, the Utah studio that just up and stopped paying people back in 2008.

Whatever the psychology, whatever the project, this is as good as advice I've ever heard: Whatever's in the pot is gone to you; yeah, you might win it back. But betting, or investing, or working or whatever, just to recover or justify your previous bets is almost certain to end in disappointment.

Duke Nukem Forever: Escalating Commitment and Chewing Bubblegum [The Psychology of Video Games, Dec. 30]

Why did Duke Nukem Forever stay in production for so long? More to the point, why did some employees at the game's developers, 3DRealms, stay committed to the project for so long in the face of unlikely payoffs and irreparable harm to their careers? Would you have?

Before we answer, let me present you with another question: would you pay $10 for a $1 bill? No? Under the right conditions you might, and many of the folks at 3D Realms did basically that because of a psychological phenomenon called "escalation of commitment."

Consider an auction where a $1 bill is up for bid and the rules are (and this is the important part) that everyone who bids has to cough up their last bid whether they win or lose. Even when this is clearly explained to a room full of MBA students who should know better, someone always springs the trap by throwing out a bid of 1 penny in hopes of an easy $.99 profit.

Invariably someone else jumps on the bandwagon and outbids the first person, raising the stakes to two cents and a $.98 profit. But now the first person must either bid three cents or let the other person win and lose his initial 1 cent bid.

But people really hate losing money, so the second bidder is pretty likely to raise his bid to 4 cents, and the spiral keeps spinning until the break-even point of $1.00. Now one sheep-faced bidder has to decide whether or not to actually keep raising the bid and face a 1 cent loss even if he wins. Much of the time he will actually do it, presenting his opponent with basically the same conundrum.

Researchers running this experiment with groups of otherwise rational adults and had final prices go up to ten or even twenty dollars for a one dollar bill. The reason is that bidders escalate their commitment to the auction by citing prior investments as justification for future ones, even though those costs are gone, immutable, and completely out of the picture. Think of it this way: should you invest even one more cent on an auction that will only cause you to lose money even if you "win?" Or is it more rational to just cut your losses and bow out?

This is basically what many folks at 3D Realms did with Duke Nukem Forever. According to that Wired article, the developers constantly threw money at the game, citing past expenses as the reason for continuing to invest money even when it was apparent that the game was doomed. And since they were self-funding the game, it wasn't until the very end that they had a publisher standing over them and forcing them to end the cycle and either kill the game or polish it off for release.

- Jamie Madigan

Weekend Reader is Kotaku's look at the critical thinking in, and of video games. It appears Saturdays at noon. Please take the time to read the full article cited before getting involved in the debate here.

Miller, quoted in the "first printed issue of Gamesauce," says "the next few years should see a strong resurgence in Duke." Shacknews, which spotted the article, says Miller remains sanguine about the prospects of a franchise with one published title since the Clinton administration.

There are numerous other Duke games in various stages of development, several due out this year. We are definitely looking to bring Duke into casual gaming spaces, plus there are other major Duke games in production.

Miller says "almost all" of those projects are unannounced, but, Shacknews points out they likely include:

• Two Duke iPhone games Miller previously announced.

• A Duke Nukem Trilogy for DS and PSP, from Frontline Studios.

• The Xbox Live Arcade port of Duke Nukem: Manhattan Project.

• A scrapped project called Duke Begins, alluded to in Take-Two's lawsuit against Miller and Broussard.

And, of course, Miller repeated the obligatory tease that Duke Nukem forever is not dead. "We've never said that Duke Nukem Forever has ceased development. ... Yes, we released the internal team, but that doesn't correlate to the demise of the project."

Sorry, but at this point, games or GTFO.

3D Realms Teases 'Numerous' Duke Nukem Games, 'Looking to Bring Duke into Casual Gaming' [Shacknews]

There's little real news in the piece - after all, the demise of both DNF and 3D Realms has been well-documented - but not everything has to be about news.

Instead, the article does a great job of providing some context to the game's troubles, and the stories of the men who contributed most to its downfall. That and it has another amazing gaming illustration by Olly Moss.

Learn to Let Go: How Success Killed Duke Nukem [Wired]

The Dallas, Texas-based developer was named in a counterclaim from publisher Take-Two Interactive, as discovered by Shacknews. Gearbox's development of Duke Begins was tied to $2.5 million cash advance from Take-Two intended to fund development of 3D Realms' Duke Nukem Forever, said to still be ongoing in some capacity.

Originally, Duke Begins was slated for a mid-2010 release, as part of the agreement, with development starting sometime in 2007.

We wonder if that Duke Nukem title was the "huge" release that Gearbox Software president Randy Pitchford hyped last year.

'Duke Begins' Developer Outed in DNF Docs [Shacknews]

The disclosure can be found within court documents relating to the franchise, and specifically reads "[3D Realms/Apogee Ltd.] admits that it has continually worked on the development of the DNF for many years, and continues to do so".

In addition to this reveal, it seems publisher Take-Two began development of another Duke Nukem game, Duke Begins, in 2007. This title, however, was canned in April 2009, right around the time the publisher's support of Duke Nukem Forever dried up, leading to speculation that "Duke Begins" was as much a bargaining chip in negotiations with 3D Realms as it was a legitimate product.

Am I the only person in the world who reads all this and thinks "why?". This is Duke Nukem we're talking about here, not Halo. It stuns me that Take-Two continued to sink so much money (we're talking millions upon millions) into not Duke Nukem project (which this side of the 1990's was one too many), but two.

3D Realms Countersuit Reveals Continuing Duke Nukem Forever Work, New Duke Game [Shacknews]

May brought news that the long road of the 1997-announced Duke Nukem Forever might finally have finally run out, as development studio Apogee ceased making the game and publisher Take-Two filed a lawsuit against the studio.

Aside from a flood of leaked visuals and the studio's statement defending itself, all had been publicly calm since then until today. Take-Two's May 11 lawsuit against 3D Realms parent company Apogee has finally been unearthed. Credit to Shacknews for first publishing it.

The lawsuit centers on, of all things, an Xbox 360 version of this forever-in-the-making PC game.

Take Two claims that it notified Apogee earlier this year that the copy wanted to "exercise its option to develop a Console Version of [Duke Nukem Forever] for the Xbox 360. The publisher states that it sought to fund Apogee's work on a 360 port but that discussions for that fell apart this year due to a disagreement in funding before the project could be begin. The publisher claims that, as a result, it intended to exercise what it says was its contractual right to make a 360 version of the game with another developer and that Apogee would be obligated to provide source code for said port. The lawsuit includes no indication that such a plan was set in motion, as the publisher claims that Apogee instead shut down development without warning Take Two that such an action was pending.

"Notwithstanding Apogee's consistent assurances that it would soon complete development of DNF," the suit states, "on May 6, 2009, Apogee closed its studios, terminated development of DNF and laid-off all employees who had been involved in the DNF project. 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."

Take-Two is seeking damages for Apogee's alleged breach of contract for the amount of $2.9 million it claims to have provided Apogee to develop the game since 2000, plus interest. The total claim is $12 million.

Take-Two is also seeking a court order to enjoin any former members of the Duke Nukem team from leaking any more art or code for the game, actions which the publisher claims "severely impairs Take-Two's exclusive rights to publish, exploit and control the DNF brand."

Kotaku has reached out to Apogee for comment but has not heard back by press time.

Click to read the full complaint from Take-Two.

A May 12 request for judicial injunction estimates that this case will go to trial within nine to 12 months of that date.

If screen shots, artwork, rough video and legal shenanigans weren't enough to satisfy you, perhaps off-screen footage—no direct feed here—of the unbelievably delayed game will do the trick. It shows that Duke Nukem Forever was more than likely a technically capable first-person shooter, full of things to shoot at, guns to fire and an ego-boosting mechanic that we'd love to hear more about.

Unfortunately, this video is hosted at Sony Pictures' Crackle, so it may not be available to view in the country of your choice. And the Duke Nukem Footage starts about halfway in, so you will have to suffer through some extra material. The audio is also NSFW, but probably hilarious if you're close personal friends with Jason Hall.http://crackle.com/c/Jace_Hall/Star_Trek_Duke_Nukem_Forever/2453914

Update: Unfortunately, we can't embed the video. Sorry about that! You'll have to head elsewhere until we address the issue.

The Jace Hall Show Season 2, Season Finale!! Duke Nukem: Forever and Star Trek Reuinion. [The Jace Hall Show via Shacknews]

3D Realms, the studio behind the legendarily delayed Duke Nukem Forever claimed in a statement today that Take-Two, the publisher now suing the studio, provided $2.5 million in funding, a fraction of the$12 million described in the publisher's lawsuit. Most of that money went to other companies long since uninvolved with the game.

The studio did confirm that the DNF team has been let go, but expressed a desire to "co-create" games based on the character in the future.

In their statement, 3D Realms accuses Take-Two of failing to offer the team a reasonable deal to continue developing the game and instead trying to attain the Duke Nukem Forever game from 3D Realms earlier this month in what amounted to a "fire sale."

Kotaku has requested comment on these allegations from Take-Two. [UPDATE: Take-Two declined to comment on 3D Realms' statement.]

3D Realms chief George Broussard e-mailed the full statement to Kotaku earlier today:

3D Realms Release – Pertaining to Recent Events Surrounding Duke Nukem Forever

Dallas, TX (May 18, 2009) – In light of recent press articles and statements by Take-Two (to the media and in a lawsuit), we want to set the record straight on some issues.

Despite rumors and statements to the contrary, 3D Realms (3DR) has not closed and is not closing. 3DR retains ownership of the Duke Nukem franchise. Due to lack of funding, however, we are saddened to confirm that we let the Duke Nukem Forever (DNF) development team go on May 6th, while we regroup as a company. While 3DR is a much smaller studio now, we will continue to operate as a company and continue to license and co-create games based upon the Duke Nukem franchise.

As some of you may know, Take-Two filed a lawsuit last week containing various accusations and claims against 3DR and the uncompleted DNF game. Take-Two never paid 3DR advances or any signing bonus or any other funds related to DNF, up until July 2008, at which time they paid $2.5m in connection with another agreement for an unannounced game. This is the sum total Take-Two has paid 3DR in connection with DNF. Take-Two claims that they paid $12m to GT Interactive/Infogrames to acquire the publishing rights for the DNF game. To be clear, 3DR was not a party to that transaction and did not receive any money from it. When the DNF game was originally signed with GT Interactive in 1998, GT paid 3DR a $400,000 signing bonus. Up until July 2008, this was the only publisher money we received for the DNF game. Meanwhile, 3DR put over $20m into the production of DNF.

Take-Two retains publishing rights for the DNF game, although 3DR retains certain rights to sell the game directly to the public. Late last year, 3DR began negotiations with Take-Two to provide funding to complete the DNF game. In the meantime, 3DR was hitting mutually-agreed milestones, despite not having a new agreement finalized. Take-Two was well aware that 3DR needed the funding to continue the DNF game development. Suddenly, after months of negotiations, Take-Two materially changed the parameters of the proposed funding agreement. 3DR informed Take-Two that it could not financially afford the changes Take-Two was suggesting and would be forced to release the team if an agreement was not reached. Take-Two made a last minute proposal to acquire the Duke Nukem franchise and the 3DR development team. Take-Two's proposal was unacceptable to 3DR for many reasons, including no upfront money, no guarantee minimum payment, and no guarantee to complete the DNF game. From 3DR's perspective, we viewed Take-Two as trying to acquire the Duke Nukem franchise in a "fire sale." Those negotiations fell through on May 4th, a deal never materialized, and the DNF team was sadly released a few days later.

Less than a week after the DNF team was released, Take-Two filed its lawsuit in New York, seeking immediate temporary injunctive relief. The court denied Take-Two's request for a temporary restraining order. While we cannot comment on the details of the ongoing lawsuit, we believe Take-Two's lawsuit is without merit and merely a bully tactic to obtain ownership of the Duke Nukem franchise. We will vigorously defend ourselves against this publisher.

Take-Two Interactive Software Inc. filed a breach of contract suit against Apogee Software Ltd. this week in a Manhattan Court over the developer's "continually delayed" Duke Nukem sequel. Details of the suit were not disclosed in a report by Bloomberg, nor has the New York County Civil Court provided specifics about the damages Take-Two is seeking.

(For the record, the legal name of 3D Realms is Apogee Software Ltd., the party being sued. It is a separate entity from Apogee Software LLC, developers of the still alive Duke Nukem Trilogy.)

According to the complaint, "Apogee repeatedly assured Take-Two and the video-gaming community that it was diligently working toward competing development of the PC Version of the Duke Nukem Forever."

Those assurances have yet to result in a working, shippable product. Instead, 3D Realms was shut down and many former Duke Nukem Forever staffers are looking for work.

After repeated promises that "industry joke" Duke Nukem Forever was finally "on the right track" and rumored to have been released year in and year out, Take-Two went far enough to offer cash incentives to 3D Realms to have the game finished at various points. Looks like the developer is completely out of cash now. And may owe more than it expected.

Take-Two Sues Apogee Over ‘Duke Nukem' Game Sequel [Bloomberg]

The latest batch of potentially NSFW Duke Nukem Forever "leaks" shows off the work of 3D artist Mark Skelton. He's clearly capable of rendering a lovely looking stripper (or exotic dancer, if you prefer) in the Duke Nukem style. His MILF-modeling prowess isn't too shabby either. Hey, his words, not mine.

Joining Skelton in the posthumous release of 3D Realms hard work is character artist Randy Forsyth. He too appears skilled at the polygonal sculpting of the female form, albeit in a more schoolgirl-like way.

There's some great-looking stuff in here, the stuff we'd hope eventually sees the light of day. Thanks to Mr. Breadtruck for the tip off.

You'll see many of the same enemies from that concept art that surfaced the other day, so it certainly looks legit. It also has boobs, so don't watch it at work.

In-game screen shots from Duke Nukem Forever art director Tramell Isaac and artwork from concept artist Layne Johnson have been uploaded to their personal blogs. Both are looking for new employment, should you have use for their technical and artistic skills. Some of the pieces, characters, enemies and environments may look familiar to those following the DNF development soap opera; others may not.

Other pieces are definitely not safe for work, considering their exposure to harmful nipples.

Thanks to Wolfgang for the tip.

Following rumored reports that Duke Nukem devs 3D Realms had given up the ghost, reps for publisher Deep Silver issued a statement that everything was going full steam on the Duke compilation. Additionally, the recently revived Apogee, as a separate entity, would continue.

"Deep Silver and Apogee Software are not affected by the situation at 3D Realms," reads the statement. "Development on the Duke Nukem Trilogy is continuing as planned."

Announced last year with a brilliant trailer, Duke Nukem Trilogy consists of Duke Nukem: Chain Reaction, Duke Nukem: Critical Mass and Duke Nukem: Proving Grounds.

We heard from an anonymous tipster earlier today of 3D Realms demise, with Shacknews reporting the very same thing, citing a "very reliable source" close to the Duke Nukem dev. According to 3D Realms co-founder George Broussard, the game was "closing out a milestone this week" as of mid-April, but little progress had been publicized outside of video and screen shot teasers from last Summer.

First announced in April 1997, Duke Nukem Forever has been ridiculed for its extended development schedule, with 3D Realms employees sticking to a "When it's done" release date.

But Broussard hinted earlier this year that the game was getting closer to finally shipping, writing on his Twitter account "Game developers often say 'Cutting is shipping'. We begin this year with a vengeance and a chainsaw." The game appeared to at least be making some sort of tangible progress, with 3D Realms releasing game screenshots and artwork from Duke Nukem Forever.

We've reached out to staffers at 3D Realms for clarification.

Update 1: Take-Two has responded, adding a little clarity to the situation, but not solid confirmation. "It is the Company's policy to not comment on its contractual relationships, nor do we comment on rumors and speculation. That said, we can confirm that our relationship with 3D Realms for Duke Nukem Forever was a publishing arrangement, which did not include ongoing funds for development of the title. In addition, Take-Two continues to retain the publishing rights to Duke Nukem Forever."‪ - Alan Lewis, Vice President of Corporate Communications & Public Affairs for Take-Two.

While 3D Realms may be finished, Duke Nukem Forever may not. Well, we know it's not finished, but it's not done. Okay, it's not done either, or else it would be out.... look, the game's not dead, OK? Not officially anyway. Take-Two may hand off development to another studio, one a little speedier than 3D Realms.

Update 2: 3D Realms webmaster Joe Siegler has, posting on the company's forums, seemingly confirmed the closure, saying "It's not a marketing thing. It's true. I have nothing further to say at this time."

Duke Nukem Developer 3D Realms Shuts Down [Shacknews]

Closing out a milestone this week. 71 more tasks to do and we started with probably 800-900. Been a good push. Next one starts Monday.

And ends in 2025. Duke Nukem Forever was first announced back in 1998 and will apparently be out "when it's done". While Broussard doesn't explicitly mention Duke Nukem Forever, it's being assumed that he's referring to that — though, he could be referring to Prey 2, which 3D Realms is producing. We're just not sure.

One thing we're sure about: We lost interest in DNF eons ago. George Broussard? Never!

georgeb3dr [Twitter via Worth Playing via VGB]

It's not a screenshot. But those are in-game models. So it's close enough! Enjoy picking over every pixel, and seeing if one amongst them can justify whatever side of the never-coming-out/is-so-coming-out divide you call home.

Steve Presents: High Quality DNF Screenshot! [Duke4.net, thanks reader Thijs L.]

First image appears to be Duke reloading his pistol in front of an enemy Octabrain. From the backdrop of the level, it looks like some sort of dam. You can see another Octabrain in the background on the top left. Second image is just Duke smirking with two scantily clad women in the background.

Of course this doesn't indicate the game is coming anytime soon; who knows how many bits of DNF concept art 3D Realms has floating around at this point. Still a nice nod to the fans who've been waiting forever for something, anything.