I read an article on this earlier. Sounds like they are trying to secure code rights before other creditors take their piece. You do realize that the title is Duke Nukem Forever right? That game is THE joke for delayed games. I honestly thought it was vapor ware until the leaked game footage hit the net.
On top of that, the only association DNF has with Take 2 is the fact that Take 2 is publishing it. The game was being developed independently at the now-defunct 3D Realms, and 3D Realms was responsible for all the delays that project suffered from.