Silicon Knights owes Epic games $9.2 million, latest court ruling affirms

Appeals court rejected Silicon Knights' claims, entitling Epic Games to $9.2 million in damages for breach of contract, copyright infringement, and legal fees.

On Jan. 6, The United States Court of Appeals for the Fourth Circuit rejected Silicon Knights' objection to a previous trial court ruling, which found it owed Epic Games $4.5 million in damages. That figure more than doubled after a judge awarded Epic Games to an additional $4.7 million to cover legal fees, meaning the company is now entitled to a total of $9.2 million from Silicon Knights.

Ironically, Silicon Knights was the company to initiate legal action, when it took Epic Games to court in July 2007, saying the Unreal Engine maker broke contracts with licensing partners in order to give Gears of War a head start on the competition. Epic was quick to counter-sue, firing back a month later claiming Silicon Knights tried to steal its technology, and asking for the judge to dismiss the original suit.

Epic Games won the case in May 2012, and in November 2012, Silicon Knights was ordered to destroy all copies of its ill-fated Xbox 360 action role-playing game Too Human and X-Men: Destiny, as they contained code that infringed on Epic's copyrights. In January 2013, Silicon Knights also had to pull Too Human and its associated content from Xbox Live. Silicon Knights argued its appeal in December 2013, which was rejected on Jan. 6.

This latest ruling, it seems, brings the legal saga to a close, leaving Silicon Knights without grounds for another appeal.

Written By

Emanuel Maiberg is a freelance writer in search of the Citizen Kane of burritos.

Want the latest news about Too Human?

Too Human

Too Human

Follow

Discussion

65 comments
Valen_Ca
Valen_Ca

SK is pretty much dead, so I wish Epic well in trying to get their money out of them, the only thing that SK owns is the Too Human IP and I seriously doubt that it is worth anywhere near that much.


DarkSaber2k
DarkSaber2k

Indeed. This was why the scumbags are trying to pretend they are no longer Silicon Knights, but an entirely different development company that just happens to be entirely staffed by the head honchos of Silicon Knights.

mattcake
mattcake

Sometimes it's better to just keep your mouth shut.


*Insert joke about my girlfriend here*

helldragonzer
helldragonzer

I remember I was excited for X-men: Destiny, the excitement died when I saw the main menu.

chuckles471
chuckles471

Does anything that Silicon Knights has done surprise anyone anymore?

nyran125tk
nyran125tk

Epic pissed me off when they released gears of war on PC, then didnt release the other 2 on PC. You dont release 1 game and then not release the sequels on a platform. Halo also did this.


However i think Unreal tournament 3 is completely underrated and the unreal engine is in almost every game ive played. From Bioshock to COD.


Another gaming company bites the dust. Game development seems to be very risky venture for some companies.

Xander563
Xander563

I enjoyed Too Human. Shame they were such a shit company.

rabbitcancer
rabbitcancer

Fitting end for a company that hasn't produced much of value since the PS1.

Sefrix
Sefrix moderator moderator

Yikes, sucks for them! O.o 

jack_burton9456
jack_burton9456

As I think back at all the devs that left Nintendo, I began to realize that all of them didn't really have much of good future without Nintendo. 


First we have Rare itself. Talk about a sad story. . .Even when Rare puts out a good game like Kameo or Viva Pinata, it doesn't sell on the Xbox consoles because it's a known fact that the majority of Xbox owners just want shooters and racing games. All their other IPs went to shit and currently getting raped by mediocre developers like Double Helix. It's funny how trolls and "professional" game journalist claim how Nintendo makes "rehashes," and yet, all you mostly see on the Xbone is just shooters and racing games - take away the third party support and what do you have? Yeah, point made.  


How about the developers that left Retro? All they made is that awful looking reboot of Mega Man that, thank god, Capcom made a good decision for a change in the last gen by cancelling it. And seeing how the trailer was revealed after just coming off the heels of that abomination known as DmC, was it really much of a surprise that we saw trolls blindly defending that game? 


And now we have Silicon Knights, holy shit did that ship sank faster than Rare. 

frogiggy323
frogiggy323

You can't kill Silicon Knights, they just have to wait till their overly drawn out respawn sequence is complete.  

Fightingfan
Fightingfan

Ouch, they meant to poke a squirrel and hit a bear.

jinzo9988
jinzo9988

My copy of Too Human isn't getting destroyed.  Now when I scan by eyeballs across it, I'll laugh.  I bought it for 5 bucks... brand new I think.  They over-thought that game beyond belief.

StHapns247
StHapns247

"... which found it owed Epic Games $4.5 million in damages. That figure almost doubled after a judge awarded Epic Games to an additional $4.7 million to cover legal fees..."

That's actually more than doubled.

blackace
blackace

Both companies are so screwed, it's not even funny. Epic has lost all their key players. It's not even the read Epic anymore. Silicon Knights has a huge debt to pay and haven't made a decent game since MGS: The Twin Snakes back in 2004.

TheDarkSpot
TheDarkSpot

Make a good game and you'll be able to get rid of that debt.

hadlee73
hadlee73

Not sure how I feel about Epic Games these days. Most of the people I liked left after they sold almost half the company to the Chinese.

Maverick6585
Maverick6585

Silicon Knights sounds like a clan for plastic surgeons

nparks
nparks

I guess legal fees are one of the risks you face when trying to raise revenue through litigation instead of actually making good games.

vader501st
vader501st

Releasing Eternal Darkness II would solve that problem quickly.

walterg74
walterg74

You don't... Oh I'm sorry, do you feel like they OWE you something?

WolfGrey
WolfGrey

@jack_burton9456  

 "Kameo or Viva Pinata" Lost all credibility here. Those were awful games. Hell i would rate Kameo as one of the worst games i have ever played.

helldragonzer
helldragonzer

@blackacewell in a way Twin Snakes wasn't even an original game, Kojima just let them do the remake for Game Cube.

helldragonzer
helldragonzer

@richten71@jack_burton9456DMC isn't really a bad game, just a crappy storyline, they keep pushing to incorporate his brother when they would have a better story just with him, game play wise it was pretty much like every other DMC game, nothing new or impressive there.

WolfGrey
WolfGrey

@richten71@jack_burton9456 

If it was never named DMC sure. I borrowed it, beat it, and gave it back. Ill never get those hours back.

Hell they have it free now on PS+ but even being free won't make me touch that thing again.

WolfGrey
WolfGrey

@speedy5212@StHapns247 

Lets do some math ok speedy? 

4.5+ 4.5 would be double the original amount.  You got that? 4.5+4.7 is MORE than double.

BlackBaldwin
BlackBaldwin

@WolfGrey Oh god DMC wasn't that bad I bet your one of those drones that buy COD every year and expect something different.

vader501st
vader501st

@nintendoboy16@vader501st That would depend a lot on the marketing. Granted, those were already established franchises, but the industry certainly had more room for great selling new IPs than it does now.

Shame we'll never find out, though.

nintendoboy16
nintendoboy16

@vader501st I honest doubt ED would be that well known on other consoles either. You are aware that Resident Evil and Silent Hill still existed in that gen right? ED would have no chance against those if that was on the PS2.


Besides that, Nintendo had too huge of involvement in ED.

Thanatos2k
Thanatos2k

@jack_burton9456@Thanatos2k You know you're agreeing with me, right, you moron?

Also, this isn't a Nintendo article, why are you here?

jack_burton9456
jack_burton9456

@Thanatos2k You're one of those people that keep buying COD games because game reviewers keep telling you that it's good?

vader501st
vader501st

@Megamandrew Better quality-wise, no. I never assumed such thing. But naturally, it would sell a hell of a lot more copies if it were available on other platforms, it's natural, and in most cases the game doesn't even have to be any good.  The same goes for cult gems like Twin Snakes, Geist, REmake and RE zero. None of them sold exceptionally well aside from REmake back then.

Thanatos2k
Thanatos2k

@vader501st@nintendoboy16You're seriously suggesting that the people who made Too Human and X-Men Destiny are going to magically pull a good game out of their ass?


And you'd buy it?  How dumb can you be?


Are you one of those people who keeps buying Sonic games?

Megamandrew
Megamandrew

@vader501st@nintendoboy16How do you expect them to get a decent budget when they couldn't even get enough interest to make Shadow of the Eternals?  After the messes he's caused, no publisher or investor with a functioning brain would give Dyack more money.  

Also, I agree that Eternal Darkness was excellent, but you can't assume that it would have sold that much better had it not been exclusive.  There's no evidence to support that claim and it's extremely possible that it would have sold badly had it been multiplatform.  In fact, it's likely that one of the main reasons that it was so good was because of Nintendo's rigid quality standards for games that they bankroll.  It's all here: http://kotaku.com/5955223/what-went-wrong-with-silicon-knights-x+men-destiny

vader501st
vader501st

@nintendoboy16 Not if they go back to those roots and expand on everything that ED introduced, which no game came close even to this day. It was innovative, intense, and had great mechanics.

The only reason ED sold like crap was because it remained as a Gamecube exclusive, and we all know how well Third-Party exclusives did on that console. Make it multiplatform and put some effort into it, and they got another hit on their hands.

And I'm not talking about Shadow of The Eternals either, I mean a decently budgeted, fully realised sequel for ED. It has demand and a market for it.

nintendoboy16
nintendoboy16

@vader501st @nintendoboy16 No, it wouldn't. Anything with Silicon Knights name on it, even if it was an ED II would be selling like crap due to their name (or anything with Denis Dyack involved) and how they've been as of late.


Besides that, the original Eternal Darkness, as great as it is/was, sold like s***.