This is a month old already, but I only came across it recently:
http://techraptor.net/content/duke-nukem-dust-up-gearbox-vs-gobeille
Basically, Gearbox contends that a contract TerminX has with 3DRealms is invalid, because they claim 3DR no longer has the rights to Duke3D. But rather than taking it up with 3DR, Gearbox is threatening TerminX, probably to avoid a legal battle with 3DR since they think TerminX will comply to avoid a lawsuit. TerminX is calling their bluff, though, and is expecting to go to court.
I obtained every copy of eduke32 I could, obtained every important copy aswell as the latest Sven build of eduke32s source code aswell, all the content we amounted to over the years since Duke nukem 3ds releases. I even here some guy talk about i2p'ing or dark net hosting all the content forever more. Will see what happens I guess.