Take Two then stated that it wanted another developer to handle the Xbox 360 version and that they needed the source code for the PC version in order to develop it. Instead of turning over the source code (which Take Two claims it had a right to obtain), Take Two states that 3D Realms shut down their offices. Take Two also claims, with no real proof, that, "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."

In an earlier press release, 3D Realms stated that Take Two "materially changed the parameters of the proposed funding agreement" and that the publisher's deal "was unacceptable to 3DR for many reasons, including no upfront money, no guarantee minimum payment, and no guarantee to complete the DNF game." Obviously these two statements have lots of differences and it will likely be up to the courts to decide which side is telling the truth.

[Via Shacknews]

Update: In a post on Shacknews 3D Realms' CEO Scott Miller, while not going into specifics, states that the company has won every lawsuit it has been involved in and this one will be no exception::"Give it a year, then the truth will come out."