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This may be part of an overarching grudge match between companies. Both Interceptor and 3DR have a bone to pick with Gearbox, so I can see each party wanting to get the last laugh.
The problem with Interceptor and 3DR wanting the last laugh is that its far too late. For both of them. GBX is the boss when it comes to Duke now, 3DR gave them that. Boo hoo 3DR, stop contributing to the burying of Duke for your own selfish reasons.
I will admit that I was holding an open mind for the new game. However, lets get real: IF this was about getting the last laugh, 3DR and Interceptor developing a Top Down RPG type Duke game is legitimately laughable in its own right.
That being said, we haven't seen what they were working on and I am sure we all wanted to have high hopes because its something new that could wash the everlasting bad taste of DNF out of our mouths, but really, how many people would get into such a drastic change in the Duke Genre? This isn't Duke 2 to Duke 3D, that was a different time and evolution in tech.
I have no basis to predict how DNMD would have turned out but if I had to I would probably predict it flopping anyways, based on the recent history of the groups behind it.
I am pretty sure this is what 3DR and Interceptor are starting to look like as this lawsuit continues: