Joystiq

X-Men: Destiny destined for unsure lifespan on Games on Demand

Sinan Kubba — Tue, 13 Nov 2012 11:00:00 EST

X-Men: Destiny is available from today on Xbox Live Marketplace as part of the Games on Demand program, priced at $39.99. That's despite Silicon Knights being ordered by the US court to recall and destroy all unsold copies of its products using Unreal Engine 3, of which X-Men: Destiny is one. The company was also ordered to cease producing and distributing games using Epic's technology.

So what exactly's going on here? Well, the ruling in the Silicon Knights vs. Epic Games case dictates Silicon Knights notifies the US court by December 21 of its compliance with the injunctions ordered. This is presumably to give Silicon Knights adequate time to carry out the required actions; recalling and destroying every unsold copy of X-Men: Destiny and Too Human.

So the game newly appearing on XBLM might not contravene the injunctions, at least for now. It should also be noted that Too Human is also currently available on XBLM, while GameStop, Target, and Best Buy all have new copies of X-Men: Destiny listed as available.

X-Men: Destiny destined for unsure lifespan on Games on Demand originally appeared on Joystiq on Tue, 13 Nov 2012 11:00:00 EST. Please see our terms for use of feeds.

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Silicon Knights ordered to destroy all unsold games using Unreal Engine 3, award to Epic Games doubled

Sinan Kubba — Fri, 09 Nov 2012 08:00:00 EST

Silicon Knights is being ordered by the US court to recall and destroy all unsold copies of games using Unreal Engine 3, including Too Human and X-Men: Destiny. The new ruling on post-trial motions for the case between Silicon Knights and Epic Games also saw Epic's jury award upped from $4.5 million to over $9 million.

The ruling, dated November 7, also orders Silicon Knights to cease using Epic Games's "Licensed Technology" and remove it from the company's game engine. Furthermore, Silicon Knights has until December 10 to destroy any code built using Epic's technology; the court order includes Too Human, X-Men: Destiny, Siren in the Maelstrom, The Sandman, and The Box/Ritualyst. Silicon Knights must notify the court by December 21 and again on February 21, 2013, concerning all injunctions ordered, and they are to be carried out at the company's expense.

"Epic Games appreciates the court's careful consideration of the motion and is gratified by the order," Epic Games told us when reached for comment.

The Box/Ritualyst represents an open-world horror game initially pitched to Sega but cancelled by the publisher in 2008. As for Siren in the Maelstrom, it was rumored to be upcoming after being outed by a Canadian cultural agency's list of newly funded projects. It's unknown if The Sandman is a project connected to the DC Comics series of the same name.

The case began with Silicon Knights suing Epic Games in 2007 for allegedly breaching the companies' agreement over Unreal Engine 3 licensing. Epic in turn filed a counterclaim, alleging Silicon Knights developed its own engine and games other than Too Human illegally by using Unreal Engine 3. In May this year, the court ruled in favor of Epic Games, ordering Silicon Knights to pay Epic $4.45 million in damages.

This week's ruling adds a further $4.7 million to be awarded to Epic, with $2.30 million in prejudgment interest, $2.09 million in attorney's fees, and $278,000 in costs.

Silicon Knights ordered to destroy all unsold games using Unreal Engine 3, award to Epic Games doubled originally appeared on Joystiq on Fri, 09 Nov 2012 08:00:00 EST. Please see our terms for use of feeds.

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Silicon Knights cutting back after losing countersuit to Epic Games

Jessica Conditt — Mon, 11 Jun 2012 19:30:00 EST

Silicon Knights has laid off a "a small number of people" following its $4.5 million loss to Epic Games' countersuit claims.

Silicon Knights first sued Epic Games in 2007, claiming unsatisfactory support of Epic's Unreal Engine 3, which led to what Silicon Knights said forced it to build its own engine for Too Human. The jury found in favor of Epic Games on all counts, including its counterclaims, and awarded the engine developer $4.5 million in damages; Silicon Knights has since said it will appeal the ruling.

Silicon Knights head Denis Dyack told Games Industry the studio is still operational and is even planning for the future: "Silicon Knights has unfortunately had to lay off a small number of people. We are scaling back to a core group and focusing all our efforts on future opportunities."

Silicon Knights cutting back after losing countersuit to Epic Games originally appeared on Joystiq on Mon, 11 Jun 2012 19:30:00 EST. Please see our terms for use of feeds.

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Silicon Knights plans to appeal in Epic case

Ben Gilbert — Thu, 31 May 2012 17:36:00 EST

X-Men Destiny and Too Human developer Silicon Knights plans to appeal a recent court loss to Epic Games, studio head Denis Dyack told Joystiq. After losing a five-year-long lawsuit this week to Epic Games, Silicon Knights was ordered to fork over $4.45 million in damages to Epic. Dyack said he was "disappointed by the outcome," and that his company would appeal the ruling.

Silicon Knights sued Epic Games in 2007 due to a dispute over Silicon Knights' licensing of Epic's Unreal Engine 3. SK claimed that Epic intentionally withheld pieces of the engine - an engine that was originally licensed to help build Too Human - which resulted in repeated delays of that project. A jury in the US District Court for the Eastern District of North Carolina disagreed with Silicon Knights' assertion, and found that the Canadian studio instead caused damage to Epic's license agreement and trade secrets.

Silicon Knights plans to appeal in Epic case originally appeared on Joystiq on Thu, 31 May 2012 17:36:00 EST. Please see our terms for use of feeds.

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Epic: Silicon Knights lawsuit over, 'jury finds for Epic on all counts' [Update: Epic awarded $4.45 million]

Ben Gilbert — Wed, 30 May 2012 14:40:00 EST

According to Epic Game vice president and co-founder Mark Rein, the years long lawsuit between Silicon Knights and Epic Games came to an end today. Rein took to Twitter to broadcast the news. "Case over. Jury finds for Epic on all counts," he said. Silicon Knights hasn't issued a formal response as of yet, though we've reached out for confirmation.

The suit arose over allegations from Silicon Knights that Epic Games was withholding pieces of its Unreal Engine 3 - pieces that were allegedly instrumental in the creation of Too Human. Due to the alleged delays, Silicon Knights says it was forced to implement its own game engine (known only as "Silicon Knights engine") to complete the project.

Since Too Human, Silicon Knights went on to create the critically-panned X-Men: Destiny and suffered major layoffs. Epic, however, has seen its Unreal Engine 3 thrive across the current generation of consoles, not to mention the success it's seen with the Gears of War franchise.

Update: Epic issued a statement this afternoon stating that "The jury rejected Silicon Knights' claim that Epic breached its Unreal Engine 3 license agreement with Silicon Knights. The jury also found in Epic's favor on all of its counterclaims, namely that Silicon Knights breached the license agreement, misappropriated Epic's trade secrets, and infringed Epic's copyrights in the Unreal Engine 3 code. The jury awarded Epic damages totaling $4.45 million." The full statement is below the break; we've yet to hear anything from Silicon Knights.

[Image credit: 'bloomsberries']

Continue reading Epic: Silicon Knights lawsuit over, 'jury finds for Epic on all counts' [Update: Epic awarded $4.45 million]

Epic: Silicon Knights lawsuit over, 'jury finds for Epic on all counts' [Update: Epic awarded $4.45 million] originally appeared on Joystiq on Wed, 30 May 2012 14:40:00 EST. Please see our terms for use of feeds.

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Silicon Knights entitled to $1 per claim if it wins court case against Epic Games

Jessica Conditt — Tue, 22 May 2012 02:00:00 EST

Silicon Knights will be entitled to $1 in damages, per claim, if it wins a court case against Epic Games over inadequacies in the support of its Unreal Engine. Silicon Knights first sued Epic in 2007, alleging Epic didn't fulfill the promised delivery time or expectations of Unreal Engine 3, forcing Silicon Knights to build its own engine for the production of Too Human.

Silicon Knights didn't provide a breakdown of the damages it sought, and the judge assigned his own value of $1 per claim, Polygon reports. If Silicon Knights wins the case, it will be able to appeal how the value was chosen and perhaps raise it to a figure that can't be found on neighborhood lemonade-stand signs.

The case is in court this month and is expected to run for another week.

Silicon Knights entitled to $1 per claim if it wins court case against Epic Games originally appeared on Joystiq on Tue, 22 May 2012 02:00:00 EST. Please see our terms for use of feeds.

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Silicon Knights/Epic lawsuit turns in Epic's favor, reveals past SK projects including King's Quest

JC Fletcher — Wed, 28 Dec 2011 14:30:00 EST

Silicon Knights' 2007 lawsuit against Epic Games, over 'inadequacies' in performance and support of Unreal Engine 3, continues. Last week, a judge delivered a damaging blow to SK's case when he granted a motion to exclude testimony from financial analyst Terry Lloyd, who was retained by SK to offer an expert opinion about the damages sought.

Judge James Dever III concluded that Lloyd delivered "his own subjective conclusions about an industry in which he had no prior knowledge or experience." His choices of competitors to compare sales against was called into question, as games like Grand Theft Auto IV and Gears of War didn't meet his criteria of similar marketing budgets or genre.

Court documents also reveal what Silicon Knights was up to elsewhere at the time of filing. The company was pursuing "development opportunities" with Vivendi, THQ, Capcom, and Namco. It had plans for Sandman and King's Quest games, and had gone so far as to make a prototype for King's Quest. Ironically, this would have been taking place right around the time a letter-writing campaign revived the fan-made The Silver Lining project ... which went on to be shut down, and then re-revived. And after all that, the King's Quest franchise is now in the hands of Telltale Games.

Silicon Knights/Epic lawsuit turns in Epic's favor, reveals past SK projects including King's Quest originally appeared on Joystiq on Wed, 28 Dec 2011 14:30:00 EST. Please see our terms for use of feeds.

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Silicon Knights' Dyack on Too Human: 'we do plan on finishing the trilogy'

Ben Gilbert — Tue, 03 May 2011 09:30:00 EST

During the Game Developers Conference nearly two months ago, Silicon Knights head Denis Dyack met with me in a hotel overlooking that week's event at the Moscone Center. He wasn't there to show off his studio's next game -- X-Men: Destiny -- to press, but for unspecified "meetings" with unnamed folks. Spooky.

And while we touched on the subject of XM:D during the half hour, the first questions I had for Dyack were about his studio's last major release, Too Human. Primary among them: Is the Too Human trilogy dead? "No, not at all," Dyack told me. "It is still on the table and we do plan on finishing the trilogy."

When it came to other questions about Too Human, however, Dyack was far more verbose. With the intention of setting the record straight, as it were, Dyack outright denies that Too Human was in development for 10 years. "It is true that an earlier version of the general 'Too Human' concept was first shown on the PlayStation in 1998, but that was a completely different game than what was released on the Xbox 360," he said. "Among other things, the original concept was a single-player, third-person action/adventure game based on a detective called John Franks trying to discover who had killed his partner." It's a far cry from the Norse mythology-based dungeon crawler we played in 2008.

Continue reading Silicon Knights' Dyack on Too Human: 'we do plan on finishing the trilogy'

Silicon Knights' Dyack on Too Human: 'we do plan on finishing the trilogy' originally appeared on Joystiq on Tue, 03 May 2011 09:30:00 EST. Please see our terms for use of feeds.

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Dyack claims Epic 'defrauded' them and the industry

Dustin Burg — Mon, 18 Aug 2008 15:30:00 EST

Filed under: News

Talking with develop magazine, Too Human lead Denis Dyack expressed his continued anger towards Epic Games for putting him, Silicon Knights and Too Human through a development hell. Four years of development hell thanks to the Unreal Engine.

"They [Epic Games] have defrauded us, and a major portion of the industry" Dyack explained, saying that Too Human "would have been out even quicker, but we had to re-write the engine because of all the Epic stuff." Very mud slinging-like. So, you ask, how is all that legal Epic stuff going? According to Dyack, quite peachy, saying that he feels "really good" about their legal claims. Congrats for that!

[Via Eurogamer]

Dyack claims Epic 'defrauded' them and the industry originally appeared on Joystiq on Mon, 18 Aug 2008 15:30:00 EST. Please see our terms for use of feeds.

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On eve of Too Human launch, Epic dispute resurfaces

Ross Miller — Mon, 18 Aug 2008 13:45:00 EST

Filed under: Culture, Business

It's been quite awhile since we've heard anything about the Silicon Knights and Epic Games lawsuit -- we last reported on it in January 2008 and were all prepared to make jokes about the lawsuit being on the cusp of vaporware like Duke Nukem Forever is and Too Human was. Thankfully, our curiosity has been rewarded; on the eve of the latter game's launch, Silicon Knights President Denis Dyack managed to put the legal proceedings back into the limelight.

In an interview with Develop, Dyack said that the trial is proceeding and that he was confident in his claims. "We're hopeful that justice will be done. We all feel really strongly that [Epic Games has] defrauded us, and a major portion of the industry," he said.

To recap: In late July 2007, Silicon Knights filed a lawsuit against Epic Games over what it felt was inadequate support for its Unreal Engine 3, thus harming development of Too Human. Epic responded and filed a countersuit. In November, Epic's motion for dismissal was denied. In January 2008, multiple subpoenas were issued to other UE3 licensees. As for Too Human's involvement, we'll be keeping a mental tally of how many reviews mention the lawsuit.

On eve of Too Human launch, Epic dispute resurfaces originally appeared on Joystiq on Mon, 18 Aug 2008 13:45:00 EST. Please see our terms for use of feeds.

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2008 Yearbook: Microsoft Game Studios

Xav de Matos — Fri, 23 May 2008 10:30:00 EST

Filed under: Fan stuff

After a solid year for the Xbox 360 in 2007 many thought the system could never showcase the same amount of quality exclusives in a single year.

In the 2008 Microsoft Game Studios Yearbook, we've compiled a list of this year's graduating class with a detailed account of each title's current status and the stories surrounding them.

From heartbreaking cancellations, surprise feature announcements and expected sequels, the 2008 MGS Yearbook is filled with fun facts and information on your soon-to-be favorite titles. Also included in the yearbook are special joke awards given to each title that releases in 2008 that poke fun at the details most commonly argued about in the comments.

From Ninja Gaiden II to Alan Wake, the 2008 Microsoft Game Studios Yearbook will have something for everyone.

Ladies and gentlemen allow us to introduce the 2008 Microsoft Game Studios graduating class ...

2008 Yearbook: Microsoft Game Studios originally appeared on Joystiq on Fri, 23 May 2008 10:30:00 EST. Please see our terms for use of feeds.

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GDC08: Dennis Dyack is worried about GDC

Xav de Matos — Mon, 25 Feb 2008 12:15:00 EST

Filed under: News

During the Game Developers Conference, 1UP.com was able to record interviews with developers in the guise of their weekly 1UP Yours podcast, one such episode was with outspoken Silicon Knights boss Dennis Dyack. In the episode on February 21, Dyack outlined his worries for the future of GDC based on the marketing spin put on the, "once sacred," developer gathering.

"I worry about GDC [because] how many talks are you learning something versus when somebody is trying to sell you a product?" Dyack asked the crew made up of editors Garnett Lee, Shane Bettenhausen, Bryan Intihar and former 1UPer Mark MacDonald. "Are we calling this the Game Developers Conference [or] are we calling it the Game Demo Convention?"

Continue reading GDC08: Dennis Dyack is worried about GDC

GDC08: Dennis Dyack is worried about GDC originally appeared on Joystiq on Mon, 25 Feb 2008 12:15:00 EST. Please see our terms for use of feeds.

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Rumor: MS to buy Epic Games?

Xav de Matos — Mon, 18 Feb 2008 20:45:00 EST

Filed under: Rumors

According to news posts on dbtechno.com and WRAL the latest issue of GamePro states that Microsoft is closing in on a deal to acquire developer Epic Games. The report states that Epic, known primarily as the developer behind Unreal Engine 3, would cost Microsoft upwards of $1 billion dollars. If true the acquisition would mean Microsoft would own Unreal Engine 3, the engine that powers most ~~next~~ current generation titles on the Xbox 360, PC and rival PS3 which would see Microsoft profiting from any title that makes use of the technology.

We don't want to call out shenanigans immediately but this is hard to believe for a few reasons. One billion dollars to purchase Epic Games, who also own the rights to the Gears of War universe (Microsoft owns the current characters and title) and the Unreal franchise, seems like a bargain considering the value of the Unreal Engine licenses alone. This move would also put Microsoft at the forefront of current legal problems Epic is having with Silicon Knights, who has a publishing partnership with Microsoft. Also, Epic management don't seem like the kind of folks to let this thing slide considering how well they do financially on their own. We might be wrong on this one, but until we see the GamePro issue in question, talk to Epic's Mark Rein or hear about it from Xbox boss Don Mattrick we're not willing to call this one based on the fact that Epic has a booth next to Microsoft at GDC '08. But hey, crazier things have happened right and it really could happen couldn't it?

[Thanks, Deus Legend]

Rumor: MS to buy Epic Games? originally appeared on Joystiq on Mon, 18 Feb 2008 20:45:00 EST. Please see our terms for use of feeds.

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UE3 devs subpoenaed in SK / Epic suit

Richard Mitchell — Thu, 24 Jan 2008 16:15:00 EST

Filed under: News, Too Human

Shacknews reports that subpoenas have been served to several Unreal Engine 3 liscensess in a lawsuit against Epic games, filed by Silicon Knights last year. The subpoenas have been served in order to acquire the liscensees' engine contracts as evidence in the upcoming trial. Specific liscensees are not named, though known liscensees include Square Enix, Ubisoft, 2K Boston/Australia, EA, and the US Army.

Mark Rein, Epic VP, stated, "I'm leaving the litigation to the lawyers but, if this is the case, I'd like to apologize to any of our licensees who Silicon Knights have inconvenienced." And inconvenienced they may be. If submitted as unsealed evidence, the contents of the contracts could become public record, allowing anyone access to the trade secrets therein. Epic's lawyers can move to seal the documents if this turns out to be the case.

The lawsuit was filed last July, with Silicon Knights claiming that Epic did not deliver final code for the Unreal Engine 3 on time, thus hampering the development of Too Human. The company further asserted that Epic purposefully sabotaged UE3 liscensees while promoting its own products such as Gears of War. Epic later filed a counterclaim and a motion to have the case dismissed. The motion was denied in November last year and both suits will come to trial.

[Via Joystiq]

UE3 devs subpoenaed in SK / Epic suit originally appeared on Joystiq on Thu, 24 Jan 2008 16:15:00 EST. Please see our terms for use of feeds.

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Subpoenas place other UE3 licensees in midst of Epic, Silicon Knights lawsuit

Ross Miller — Thu, 24 Jan 2008 12:55:00 EST

Filed under: Business

Subpoenas have been issued to multiple licensees of Unreal Engine 3 to testify in the ongoing litigation between UE3 maker Epic Games and Too Human developer Silicon Knights, according to Shacknews. Though no licensees are specified, developers who use the engine include Electronic Arts, 2K Boston/Australia, SOE, Square Enix, Ubisoft and the U.S. Army.

Said Rein to Shacknews, "I'm leaving the litigation to the lawyers but, if this is the case, I'd like to apologize to any of our licensees who Silicon Knights have inconvenienced." Should license contracts be submitted as unsealed court evidence, there is a chance the licensing fees and other trade secrets could become public record, though Epic's lawyers can move to seal court documents.

In late July, Silicon Knights filed a lawsuit against Epic Games over what it felt was inadequate support for its Unreal Engine 3 that harmed development of Too Human. Epic responded and filed a countersuit. In November, Epic's motion for dismissal was denied.

Subpoenas place other UE3 licensees in midst of Epic, Silicon Knights lawsuit originally appeared on Joystiq on Thu, 24 Jan 2008 12:55:00 EST. Please see our terms for use of feeds.

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Epic motion denied, Silicon Knights lawsuit goes forward

Richard Mitchell — Thu, 01 Nov 2007 13:45:00 EST

Filed under: News, Too Human

GameDaily BIZ reports that the lawsuits between Epic Games and Silicon Knights will be moving forward as planned, and Epic's motion to dismiss Silicon Knights' case has been denied. The brouhaha all began in July, when Silicon Knigts sued Epic on the grounds that Epic did not deliver final code for the Unreal Engine 3 -- on which Silicon Knights' Too Human is built -- on time. Epic followed with a counterclaim citing breach of contract (among other things) and also filed a motion to dismiss Silicon Knights' case altogether.

Now that the motion has been denied, both lawsuits will move forward. As one might expect, Epic's Mark Rein points out that the denial of the motion does not lend any merit to Silicon Knights' argument, and that such denials are common. Silicon Knights' lawyer, naturally, is "pleased that the court has recognized the merit" in their claims.

No date has been set for the trial.

[Via Joystiq]

Epic motion denied, Silicon Knights lawsuit goes forward originally appeared on Joystiq on Thu, 01 Nov 2007 13:45:00 EST. Please see our terms for use of feeds.

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Silicon Knights' suit continues, Epic motion denied

Ross Miller — Thu, 01 Nov 2007 11:10:00 EST

Filed under: Culture, Microsoft Xbox 360, Action, First Person Shooters, Business

Epic Games' motion for dismissal against the Silicon Knights' lawsuit has been denied. Both parties in the lawsuit told GameDaily told that the lawsuit will move forward.

"Often these requests are denied," said Epic VP Mark Rein. "It is important to note that this was not a decision on the merits of Silicon Knights' claims. We are confident that the evidence will show Silicon Knights breached its license with Epic Games and violated our copyrights and trade secrets."

Epic had filed the motion to dismissal alongside a countersuit against Silicon Knights over what it sees as an attempt by the Too Human developer to "take Epic's Licensed Technology, pay nothing for it, and use it any way it pleases." The fate of the counterclaim is unknown.

No court date has been set. The lawsuit filed by Silicon Knights claims Epic providing an inadequate Unreal Engine 3 and for providing insufficient support, causing SK's Too Human considerable delay. Given the proliferation of Unreal Engine 3 licensees in the industry right now, we're eagerly waiting to see the list of witnesses called to testify.

Silicon Knights' suit continues, Epic motion denied originally appeared on Joystiq on Thu, 01 Nov 2007 11:10:00 EST. Please see our terms for use of feeds.

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