Due to lack of funding, however, we are saddened to confirm that we let the Duke Nukem Forever (DNF) development team go on May 6,... While 3DR is a much smaller studio now, we will continue to operate as a company and continue to licence and co-create games based upon the Duke Nukem franchise. ... Take-Two’s proposal was unacceptable to 3DR for many reasons, including no upfront money, no guarantee minimum payment, and no guarantee to complete the DNF game. ...we viewed Take-Two as trying to acquire the Duke Nukem franchise in a “fire sale.” ...we believe Take-Two’s lawsuit is without merit and merely a bully tactic to obtain ownership of the Duke Nukem franchise. We will vigorously defend ourselves against this publisher."

Take-Two never paid 3DR advances or any signing bonus or any other funds related to DNF, up until July 2008, at which time they paid $2.5m in connection with another agreement for an unannounced game. This is the sum total Take-Two has paid 3DR in connection with DNF. Take-Two claims that they paid $12m to GT Interactive/Infogrames to acquire the publishing rights for the DNF game. To be clear, 3DR was not a party to that transaction and did not receive any money from it. When the DNF game was originally signed with GT Interactive in 1998, GT paid 3DR a $400,000 signing bonus. Up until July 2008, this was the only publisher money we received for the DNF game. Meanwhile, 3DR put over $20m into the production of DNF.

1UP: Wait, wait. You guys are working on Duke Forever?
GB: [Laughs] And ever and ever.
1UP: And when's that due out again?
GB: [Laughs] I think it'll be out when pigs fly.

what pumping are you talking about?

"Clearly the game hadn't been finished at 3D Realms but a lot of content had been created," Gearbox's Randy Pitchford told the Wall Street Journal. "The approach and investment and process at 3D Realms didn't quite make it and it cracked at the end. With Gearbox Software we brought all those pieces together. It's the game it was meant to be."