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In early 1997, Smart sued Take Two in relation to their release of the game in its then unfinished form. The lawsuit was later settled out of court.<ref>[http://www.loonygames.com/content/1.27/guest/index5.php History of BC3K self-editorial at Loonygames.com, page 5]</ref> In late 1998 in a [http://www.gamespot.com/news/1998/12/23/news_2465926.html statement] released by both parties, the then Take Two president Ryan Brant lauded Smart's work and efforts and further announced that the matter had been resolved. Take Two later went public and in its [http://www.sec.gov/Archives/edgar/data/946581/0000891554-98-000123.txt SEC filings] listed Smart's first game as accounting for 14.2% of its yearly earnings.
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