It’s been over a decade since Duke Nukem Forever was announced, and in that time, the game has become a huge industry joke. Most of us assumed that it would never see the light of day, and that its developer, 3D Realms (legally known as Apogee Software Ltd.), was too busy playing EverQuest or World of Warcraft to actually get any developing done. When it was announced last week that 3D Realms was shutting its doors, it actually seemed long overdue, as unsympathetic as that sounds. As it turns out, cynical gaming bloggers weren’t the only ones lacking sympathy for 3D Realms, as would-be DNF publisher Take Two is now suing the former developer.

According to Kotaku, after putting more than twelve million dollars into the development of Duke Nukem Forever, Take Two is suing Apogee Software for, well, never actually making the damn game. I’m no lawyer, but I think Take Two might just have a case there. After all, Apogee repeatedly promised that the game was getting worked on and would be completed at some point, and we all know how that went down.

Since Apogee Software is already out of money, I don’t know how they’ll be able to pay back Take Two, but it sounds like they’re in deeper shit than they even knew. Let this be a warning to developers for future reference: if someone gives you money to make a game, make the damn game already.