Shacknews reports that court documents it obtained from the case of  Take-Two Interactive vs. Apogee Software have the former demanding, custody of the unfinished game’s source code. It also seeks to prevent Apogee from “disclosing, distributing, transferring or selling to any party other than Take-Two any proprietary information related to DNF.” In short, Take-Two wants what it claims it paid for, and wants it now. Whether it finish or not.

3D Realms co-founder, Scott Miller, wrote in a comment on Shacknews that the DNF developer “never saw a penny of that money,” referring to the $12 million Take-Two says it paid Apogee for publishing rights to the game in 2000.

If there’s anything positive to be taken away from this litigation situation, it’s that Take-Two evidently plans on ensuring a return on its investment in DNF  possibly to the extent of taking all the game’s assets and continuing its development elsewhere. Comment below and tell us what do you think of this mess.

[Via BigDownload]

[Via Joystiq]