Destructoid is gaming news, community, videos, and sometimes love. Take the tour or jump in with Facebook:

 


Too Human dev sues Gears of War dev; the only winning move is to not play photo

Silicon Knights -- the Canadian game developer as famous for not releasing Too Human as it is for the six previous games it released in the last fifteen years -- has decided to sue Epic Games for alleged breach of contract in SK's licensing of Epic's Unreal Engine 3.

Quotes from the suit? We got 'em:

Rather than provide support to Silicon Knights and Epic’s other many licensees of the Engine, Epic intentionally and wrongfully has used the fees from those licenses to launch its own game to widespread commercial success while simultaneously sabotaging efforts by Silicon Knights and others to develop their own video games.

Silicon Knights claims that Epic's actions have caused tremendous delays for their theoretically-upcoming title Too Human, and that as a result of the shoddy support behind the Unreal Engine, they've had to develop their own engine in-house. You may remember Too Human as a title originally slated for release on the Victrola platform in 1901, and most recently destined to land on Xbox 360 consoles.

It would be wildly unprofessional of me to take sides in this debate, but as Silicon Knights is the first group to come out with such allegations against Epic, and (SK prez) Dennis Dyack can't get an erection without listening to Joy Division's Closer and applying heavy eyeliner, I'm gonna have to side with Epic.

[Thanks to everyone who sent this in, and Aaron Linde for waking my ass up with a phone call so that this story could happen] 


Continue: More Too Human stories





prev next

37 comments | showing # 1 to 37

William Haley's Avatar - Comment posted on 07/21/2007 02:36
William Haley
If a company like Midway can pull a good-looking Area 51 game out of their ass using the Unreal 3 Engine, then a company like Silicon Knights has no one to blame but themselves for turning lemonade into toilet water.
FreQ's Avatar - Comment posted on 07/21/2007 02:56
FreQ
I disagree Will. Look at Rainbow Six. Clearly gimped, as well as all the other UE3 games, Mass Effect, Stranglehold, Bioshock, etc that have been delayed. The suit alleges that Epic sold their engine to all these Devs, but kept the full functionality for themselves in order to develop Gears as a showpiece.
Mxyzptlk's Avatar - Comment posted on 07/21/2007 02:58
Mxyzptlk
What the hell happened to Silicon Knights this generation? They've gradually been losing face in the last year, before we know it they'll be junkies forced to go ass-to-ass for Keith David's amusement.
Syndicate01's Avatar - Comment posted on 07/21/2007 03:38
Syndicate01
everyone is going to side with epic? i don't understand why.

if epic did not provide what they said they would then it is indeed breach of contract. like epic said the engine is continually evolving and the lawsuit claims they failed to provide the updated code to SK which in result their game was delayed. from what i read they are sueing for 75 thousand dollars. this doesn't look like a money grab move just a move to right a wrong. If what Silicon knights claims what happen has indeed happen then no doubt they will win this case hands down.
0bshaky's Avatar - Comment posted on 07/21/2007 03:38
0bshaky
Actually FreQ have half the truth. Epic actually keep "full functionality" for Gears because they got a lot of tools from Microsoft that they got in exchange for making Gears exclusive. The plan was to get Sony, because of their cell chip. But Sony did not acted and Microsoft gave them all the needed libraries. Epic signed the deal and made the MS dependant Unreal Engine, reason why they have to recode everything for PS3. So they sold gimped copies of what they can run without the libraries and M$ wanting money or exclusives rights to the technology and implement it to Windows Vista. Then Silicon Knights located some libraries that are linked to many M$ libraries and were incomplete or badly coded. They said that they will be able to compile such engine and sell it for half the price so more obscure developers could buy it. Then a huge unicorn came to me, I mounted it, and got back to the stars.
Macca's Avatar - Comment posted on 07/21/2007 03:43
Macca
Actually, Silicon Knights has a pretty strong case. Reading the suit, it's a fraud case, with Silicon Knights saying that Epic didn't deliver what it promised.
William Haley's Avatar - Comment posted on 07/21/2007 04:45
William Haley
Having spoken with Mark Rein personally last week about the engine, I was told that when developers create additional content or features for the Unreal Engine that is their property. They can share it with others if they wish, but don't have to by any means.

So, it may be reasonable to expect Epic to create a base engine, and then fine-tune it further beyond what they're licensing out to create Unreal and Gears. It's just like what Capcom or Square would do, except Epic is the company behind the engine in the first place.

They're essentially saying "Heres the Unreal Engine, which is what we used to create Gears. So it is possible to do this," but a company like Silicon Knights expects the engine to magically churn out their game for them.

That's my uninformed take on the situation. I'd like to think Silicon Knights is a decent company behind a couple decent games, but from what I've heard about them and specifically their main man compared to what I personally know about Mark Rein and Epic, and I'm gonna have to side with Cliffy on this one.
RJG's Avatar - Comment posted on 07/21/2007 05:01
RJG
Given the large number of delayed UE3 titles and the fact NONE OF THEM are even close to being Gears standard, despite supposedly running on an identical engine, I think it's pretty obvious that UE3 isn't quite up to snuff as a development tool.
Macca's Avatar - Comment posted on 07/21/2007 05:12
Macca
Well, reading the suit, it does seem like Silicon Knights got a Gimped version of the Engine. Surely, they should be able to get something better than what they showed at E306 with just the base engine.

"33. Among the functionalities or “tools” typically provided by a game engine are: (1)
a rendering engine (or “renderer”) for 2D or 3D graphics; (2), a physics engine for collision
detection; (3) sound; (4) scripting; (5) animation; (6) artificial intelligence; (7) networking; and
(8) a scene graph. That basic suite of tools is generally provided through an interactive interface
that allows individual developers to quickly and simply input data describing an action or object
in script without having to work in the more cumbersome underlying code."

"71. As mentioned above, when Gears of War showed so well at E3 and walked off
with Best Game honors from the show, Gears of War was ostensibly running the same engine as
Silicon Knights’ Too Human, even though the version that Silicon Knights had been provided
by Epic was nothing but problematic. The aspects of the two games that were clearly “engine
level” functions (load times, frame rates, multi-processor support, implementation, and multithreading,
to name only a few) performed radically better in Gears of War as displayed at E3
than in Silicon Knights’ own game. Similarly, at E3 the vast majority of all other developers
whom Epic had announced as “licensed users” of the Engine, showed only unplayable demos of
their games, and then only behind closed doors."
Brock_Dainjer's Avatar - Comment posted on 07/21/2007 05:45
Brock_Dainjer
I don't see how Rainbow 6 is "clearly gimped." I sure as hell wouldn't throw the single player out of bed, and the trimmed down multiplayer functions quite well, which is much more important than looking super pretty. In terms of SK vs. Epic, Too Human has been delayed and reworked so many times, there's two very obvious scenarios for as to why they're bringing this up now. Super cuddly puppy scenario: They've been plagued with this problem since before the release of the xbox 360, but they decided to keep it to themselves for this long because they were willing to turn the other cheek. But now, when its officially reached an absurdly long development with nothing to show for it, they were finally forced to voice their problem. Thats that scenario. Now for the "everyone dies, including puppies" scenario: The inexcusably long development, seemingly due to the fact that the gameplay was terribly planned and the story felt completely uninspired, had gone on way to long without blaming anyone. Perhaps there's some truth to their claim, but they're blowing it out of proportion to save face and to get people's attention in hopes of resurrecting hope that this game will happend and will be awesome. I would love to believe the fun puppies scenario, and I'd be happy if ends up being true. But the beer mixed with shots of cynicism tells me that there's probably more of scenario 2 going on.
William Haley's Avatar - Comment posted on 07/21/2007 05:47
William Haley
Is it really so hard to believe that the company that created the engine be the one to use it the most efficiently? That's all I'm saying.

No other companies are complaining. Do you think Square and Sega and everybody else in the industry would license an engine so frequently that is apparently plagued by so many problems?
Jim Sterling's Avatar - Comment posted on 07/21/2007 06:15
Jim Sterling
I don't know what to make of this. Is it possible Epic is screwing its customers? Hell yeah it's possible, this is the world of glorious capitalism. It's also possible that Silicon Knights is whining. After all, Too Human is the game that looked like ass when it was first shown and the creator bitched and moaned that he was forced to show it too early. Seems to me that Too Human's development is all about excuses and buck-passing.

That's not to say Epic is a good or bad guy in this situation. There are like, a shitload of different possibilities here.
kawitchate's Avatar - Comment posted on 07/21/2007 06:17
kawitchate
what? you mean there are shades of gray in the story?!? I NEED BLACK AND WHITE!!! tell me who i should side with, NOW!
Jim Sterling's Avatar - Comment posted on 07/21/2007 06:43
Jim Sterling
THE FRENCH!
Chibi_Zero's Avatar - Comment posted on 07/21/2007 07:22
Chibi_Zero
I'm with Nex on this one. Based on what I know right now about Epic and SK(Which is not nearly enough to have an opinion) I have to side with Epic. Not because I believe they can do no wrong but because I don't trust Dennis Dyack.
Syndicate01's Avatar - Comment posted on 07/21/2007 08:41
Syndicate01
chibi zero picking sides because of popularity?

great reply jim made me laugh =D (no sarcasm)

the courts will decide who wronged who, but if the contract was not honored then i would certainly expect them to fight. its a contract and "webster defines it as binding document that is unbreakable, UBREAKABLE!!"

Kotua's Avatar - Comment posted on 07/21/2007 08:47
Kotua
Holy Crap Jim...are the french suing Epic too?

Maybe Epic thought it would be funny to hand over a gimped version of the Unreal Engine to SK, and then when they effed it up even worse, they sue Epic.

Moral of the story: Both sides suck.
Professor Pew's Avatar - Comment posted on 07/21/2007 09:05
Professor Pew
More like a case of Too Soon!
TheHunter234's Avatar - Comment posted on 07/21/2007 09:10
TheHunter234
From everything I've read about this, mostly from Kotaku, I'm inclined to think SK is right. Apparently, Epic didn't deliver the engines they were supposed to by the deadlines set in their contracts, and SK is basing their case off of that.

It probably wasn't the intention of Epic to do this though, since it was cited in a few of the articles that Epic has relatively small development teams working on the two projects they have; Epic wasn't able to concentrate on the engines and tech support going out to other developers as they were devoting most of their resources to Gears and UnrealIII.

However, SK was making some other, pretty strange, claims about UE3 itself not working (not being able to render terrain?) that gave me some doubt, though it seems to fit with some of the problems other developers have been having that we've heard about. I'll have to wait and see if any other developers come forward with complaints, but it seems that SK has a strong case against Epic for now.
Chibi_Zero's Avatar - Comment posted on 07/21/2007 09:18
Chibi_Zero
Syndicate01: It has nothing to do with popularity.I'm just going on what little I know. Which is that I don't like Dennis Dyack.
Extreme_Drunk's Avatar - Comment posted on 07/21/2007 09:19
Extreme_Drunk
Can I do forced resizing with your BBCode, or is that disallowed?
skAnarky's Avatar - Comment posted on 07/21/2007 09:20
skAnarky
Silicon Knights is from my hometown of St.Catharines, Ontario, and I know that these guys would'nt have done this unless they thought it warranted, so I am with them.
Ryro's Avatar - Comment posted on 07/21/2007 09:40
Ryro
It would be wildly unprofessional for me to take sides in this debate, so I'll go ahead and take one.
jeep's Avatar - Comment posted on 07/21/2007 10:08
jeep
the issue i think thats key is if they can prove that Epic was unwilling to provide support for understandable programming errors. if they can prove that then there is some grounds for a case. i think saying that Epic intentionally made the Unreal engine incomplete until they fine tuned it to produce gears is a bit of a stretch but i'm sure its the easiest way for the case to actually generate a payout.
NightDehumidifier's Avatar - Comment posted on 07/21/2007 10:15
NightDehumidifier
Alright, Canadian company is thinking with the American way: If you don't like something, sue!
Crunshii's Avatar - Comment posted on 07/21/2007 11:08
Crunshii
those frenshies lol, they should have also added:

Sacre Bleu!
LordRegulus's Avatar - Comment posted on 07/21/2007 11:45
LordRegulus
I already posted this in my own entry on the subject, but I can't rob you of this one:

skeletor's Avatar - Comment posted on 07/21/2007 15:41
skeletor
I dont think that epic was purposely trying to sabotage silicon knights, but it does seem like they withheld the engine from them. I just hope that silicon knights isn't just immaturely whining.
Promagnum's Avatar - Comment posted on 07/21/2007 15:57
Promagnum
Once you own the license to the UE, it is in your control and not Epics responsibility to make your game for you...That's up to your coders. You can't just purchase the license and than turn around and say,
"Oops, we actually don't know how to do what we are wanting with it, can we get our money back?"
- "Afraid not."
"Ah, man. Ok, will just sue you for lack of support."
- "Um, go ahead."

Also, by owning the license this does not mean that the developers of the engine need to give out their methods or workflow of how they make their games. Merely the engine and source they used to develop it.

Sili-con Knights = Fail.
alexkorova's Avatar - Comment posted on 07/21/2007 17:26
alexkorova
From what I've read and heard from other developers, the engine Epic has sold has been very limited, and has been a pain to use. Silicon Knights might have a good case here.
Mxyzptlk's Avatar - Comment posted on 07/21/2007 22:05
Mxyzptlk
Does anyone else see the humor in Silicon Knights suing someone over delayed software?
RJG's Avatar - Comment posted on 07/22/2007 02:37
RJG
Promagnum, Silicon Knights is definitely a competent developer and I doubt they wanted Epic to code the game for them.

I think they merely wanted what they were promised at the promised time. How would you feel if you had a job to do, a job that costs over $10 million dollars, and the people who are supposed to deliver the materials for you to get the job done don't deliver for six months and even then don't deliver all the tools needed to properly use said materials.

Epic screwed their licensees, it's as simple as that. Documentation is key when programming, and it seems Epic didn't even have that available, even after Silicon had paid a premium for the then groundbreaking (or just broken) engine.
Zoex's Avatar - Comment posted on 07/22/2007 03:05
Zoex
I would want to see the contract, and then see when and what was given to Knights, if Knights has tried to contact Epic about the problems, etc.

They may have made the engine, sold it and then spent the money and time on Gears. This seems possible if others are also having problems. But that could also mean Epic just sold the first shitty version of the engine and built on it later, while legal, this would be a dick move.
Syndicate01's Avatar - Comment posted on 07/22/2007 06:07
Syndicate01
its not legal becuase the contract said they had to deliver more code at a later point and that later point was a specific date which epic missed.
anonuser's Avatar - Comment posted on 07/22/2007 10:29
anonuser
I think the issue is that the UE3 engine seems to be only suited for "hallyway simulators" ala Gears of War and for the most part that is true. Rainbow Six: Vegas didn't look that great, nor did it play that great in my opinion. Unfortunately we don't have that much information to go on. Hell even PA seemed to think SK might actually have a case. I like Epic, they have some solid titles. Gears of War was an amazing title. I beat the thing 3 times in succession. UT is an okay series. Not sure if they're up to the task of engine maintaince when they have games to make. They're not a large company.

Beware id fanboy statements below
This might be the reason that quite a few people walked away from id's demo room looking quite happy as reported by N'Gai. It could prove to be a smart move to expand your technology offerings so you're not limited by what you currently have in your battle chest.
end fanboy
Rosseh's Avatar - Comment posted on 07/25/2007 16:51
Rosseh
"Welcome to the punchline Ryro. We'll be serving beverages and snack cakes in the dining car shortly."

Best comment ever.
prev next

Comment with Facebook





Click connect and comment instantly!

Comment with Dtoid





New? SIGN UP - it takes 5 seconds

Comments policy

Destructoid is an open discussion community. You don't need to "audition" to post a comment - just speak your mind. We respect differing opinions on the site, so have at it. Be smart, funny, insightful, clueless, or cute -- but back it up with substance. Keep your cool, keep it fun. We only ask that you act respectfully and above all: don't be a troll and ruin it for everyone else. Don't bring down gamers or we'll, you know, gently shoot you in the face and stuff you into a flaming mailbox. Each comment is your opportuntity to make this community awesomer. Is that even a word?

Avoiding the banhammer only requires common sense: spamming, trolling, racism, NSFW stuff, and other forms of sucking will not be tolerated. If anyone is griefing please report abuse. Be good. Don't suck!

 

   Got news?   tips@destructoid.com   |   Dtoid Twitter

New Videos

more videos


Reviews & Previews
BioShock 2 review
Dante's Inferno review
Chime review
Hustle Kings review
iPhone Review Round-up: January review
more reviews
Dawn of War II Chaos Rising
Metro 2033
A trip to the racetracks Days of Thunder Arcade
Double the pleasure, double the fun with Darwinia+
Wizarding world in plastic Lego Harry Potter Years 1-4
more previews


- The Dtoid Army is 56744 strong -

Showing Cblogs with 3+ faps   show all

Call for entries: the Areas of my Expertise

New to Dtoid? Read the survival guide


 Originals
Jim Sterling: How Aliens are blatantly better than Predators





















More Destructoid Originals




We are Destructoid   tips@destructoid.com
Nick Chester
Editor-in-Chief
Niero
Founder, Big Boss
Jim Sterling
Reviews Editor
Hamza Aziz
Community Manager
Dale North
News Editor
Rey Gutierrez
Destructoid Video EIC
Anthony Burch
Features Editor
Brad Nicholson
Managing Editor
Tom Fronczak Colette Bennett
Ashley Davis Ben Perlee
Conrad
Zimmerman
Chad Concelmo
Jonathan Holmes Jonathan Ross
Brad Rice Jordan Devore
Will Maddock Matthew Razak
Josh Tolentino
Joseph Leray
Topher Cantler Samit Sarkar
     
  Adam Dork
Daniel Lingen
Hollie Bennett
Joe Burling
Mikey Turvey






 
 
  get involved

register or login
post a blog
post a forum
enter a contest
contribute a news tip
suggest a feature
be a guest editor
support

new member's guide
login assistance
tech support
report abuse
email our editors
read our dev blog
nuclear crisis?
keep in touch

RSS feed
Twitter
Facebook
Myspace
Flickr
Game nights
Meetup+play online
seriously

about Destructoid
advertising
terms of use
privacy policy
jobs at MM
buy our crap
our network

Tomopop
Japanator
Despingation?




Destructoid is an independently-run publication forged by our love of video games and the gaming community's need of accountable enthusiast press
living the dream since March 16, 2006