The documents amount to a call for a restraining order and a preliminary injunction, essentially a move to force 3D Realms to keep the Duke Nukem Forever assets intact during proceedings. The order would force 3D Realms to "mantain and enforce all security measures necessary to preserve the integrity of [the Duke Nuke Forever source] code," as well as prevents them from "disclosing, distributing transfferring or selling...any proprietary information related to DNF."

Take-Two claims that it is owed "millions of dollars" by 3D Realms for breaking an agreement to finish the game. The publisher also requested a copy of the existing Duke Nukem Forever source and object code "to ensure the code is preserved and remains unharmed during the pendency of this lawsuit."

Meanwhile, 3D Realms co-founder Scott Miller last night issued the first public comment from the company on Shacknews. Miller was replying to a user question of whether 3D Realms saw any of the $12 million that Take-Two paid Infogrames for the DNF publishing rights in 2000.

"No. We didn't get a penny of that money," said Miller. "This, along with so much else, is 100% spin, being eaten up by those who have no clue whatsoever."

Miller added that 3D Realms will have more to say on the matter "soon"--though Take-Two expects to go to trial no earlier than 9-12 months.