We've been keeping our eye on the lawsuit filed by Too Human developer Silicon Knights against Epic, which claims breach of contract in SK's licensing of Epic's Unreal Engine 3, among many other claims. Next-Gen.biz has the latest update to this battle, this time from Epic, and it looks like things are beginning to get messy. It seems that they are pushing back against SK's criticisms of Epic's recently filed counterclaim and motion for dismissal.

From the filing that Next-Gen acquired: “SK simply wants to defer any consideration of the sufficiency of its pleading so it can oppress Epic with burdensome and expensive discovery.” 

One of Silicon Knight's main claims is that the Unreal Engine 3 isn't doing things that Epic said it would. Epic notes that this stuff was never included in the License Agreement, though SK says that statements were made in e-mails and meetings prior to the agreement. Of course, Epic says that those items don't count, and are invalid.

Silicon Knights is also claiming that Epic did not provide technical support, failed to offer a “successful demonstration” of the engine by an expected date, and misrepresented the warranty, all of which Epic shot down like so many Locusts.

The filing concludes, “SK’s brief does not overcome the multiple legal defects in the Complaint. SK’s arguments are factually misplaced and at odds with the law. The Court should grant Epic’s motion to dismiss.”

[thanks, Mr. Donut] 

Legacy Comments (will be imported soon)

Cheeburga

Blah I could care less.

NSNick

Can Microsoft just go ahead and buy both of these companies already so they'll quit bickering?

Dale North

NSNick - good call

Upgrayedd

Unreal ED is a bitch, so I'm sure an early, pro version of it would be nearly unusable without some support or documentation.

Also, if they weren't in the contract that's one thing, but since when do e-mails and meetings simply not count from a legal standpoint. If there's proof, verbal contracts often stand.

I think SK has a case here.

Dale North

Upgrayedd - I think they do count, but not so much as part of a license agreement.

Sunami88 - fair enough. this kind of news is not for everyone. Some are all about the games industry soap opera bullshit.

liqideos

I really hope that this game doesnt go back to the drawing board again.

But I can imagine that after a decade, Dennis Dyack wouldn't want to let his action opus be anything less than what he has envisioned.

I wouldn't want to have to make the decision to either A) scrap UE3 and start over B) release a game that as a developer, I'm not happy with, and just move to a new engine for the sequels, causing even more of a gap in between games C) have a deadline set by Microsoft and have it pulled away before the legal costs and budget skyrockets any further.

It's times like this, where I see all this third and second party making 360 titles, and I wonder why Microsoft hasn't assimilated them and just thrown tons of in house budget at them, a la Sony. I'm sure Microsoft could build an amazing in house team and effectively take over first place in the: "Competing", market (Nintendo doesn't want to compete right...so first place is null and void then?), if they just purchased Pandemic-Bioware, Take Two, and Silicon Knights.

But meh, I guess Bungie making MGS more money every three years on one day than PS3 profits life to date is working...then yeah.

Nyteshade

It seems strange that SK is the ONLY development studio that has these problems, seeing as we've there have been UE3 based games being released left and right... Bioshock seemed pretty good to me, and it hit it's deadlines.

Studios such as Atari, Activision, Capcom, Disney, Konami, Koei, 2K Games, Midway, THQ, Ubisoft, Sega, Sony, Electronic Arts, and Square Enix are all developing games using the engine and SK is the ONLY company to have a problem? It seems like there would be a lot more outrage from all these studios if UE3 was that bad...

At the beginning I thought SK had a case, but as more information comes out (and UE3 games get released) it looks more and more like SK just using this as a perfect excuse for why Mass Effect has been so delayed and unimpressive...

liqideos

@nyteshade

Mass Effect? This is Too Human that we're discussing. Mass Effect is on time and glorious. Once you see it played live in front of you...all of your expectations are confirmed and leveled upon...no pun intended.

DGX Goggles

TIEM TO GET MESSY?

Bob Muir

Silicon Knights is falling further and further from grace. At this point, Too Human had better cure cancer.

CreamyGoodness7

They should settle this over a tournament of bomberman.

Fading Star

:(.