3D Realms is not dead!
http://www.joystiq.com/2009/05/18/3d-realms-still-alive-claims-take-two-accusations-without-meri/
http://kotaku.com/5259942/3d-realms-were-not-closing-spent-20-million-on-duke-nukem-forever
"Today is no exception, with 3D Realms releasing its first public statement since the dissolving of the game's development team and saying that it's "not closed and is not closing." Though the developer admits Take-Two "retains publishing rights to the game [DNF]," it's positing an ability to "sell the game directly to the public." "
"3D Realms, the studio behind the legendarily delayed Duke Nukem Forever claimed in a statement today that Take-Two, the publisher now suing the studio, provided $2.5 million in funding, a fraction of the$12 million described in the publisher's lawsuit. Most of that money went to other companies long since uninvolved with the game.
The studio did confirm that the DNF team has been let go, but expressed a desire to "co-create" games based on the character in the future.
In their statement, 3D Realms accuses Take-Two of failing to offer the team a reasonable deal to continue developing the game and instead trying to attain the Duke Nukem Forever game from 3D Realms earlier this month in what amounted to a "fire sale.""