After many years of waiting, it looks like a Silicon Knights lawsuit against Epic Games has been given the green light by a judge. You may recall the 2007 lawsuit in which Too human developer Silicon Knights alleged that Epic Games had neglected Unreal Engine licensees to develop its own game, Gears of War.
The Canadian studio alleged the four-year development period for Too Human was due to Epic misleading the company about what Unreal Engine 3 was capable of. Further, SK alleges that Epic prioritized the development of Gears of War above all the development studios that had licensed Unreal Engine 3. Curiously enough, no other development studio sued Epic.
Because the company didn’t get the support it deserved or the engine it was promised the company is seeking a cut of the profits from Gears of War. It’s certainly one of the boldest requests from a developer in a court case involving a product it had nothing to do with..
Here’s what Silicon Knights president Denis Dyack told Kotaku related to the recent court victory:
"When Epic first went public about our case to the press, they said that our claims were without merit," said Silicon Knights president Denis Dyack in a statement. "Two separate federal court judges have now disagreed with Epic, and have ruled that the case does have merit." "Silicon Knights has always wanted to have our focus be on making great games, not litigation. This ruling will allow us to have our day in court, before a jury, and to shine the light publicly on Epic’s conduct," Dyack continued. "We are very confident the jury will see the truth behind Epic’s actions."
While Silicon Knights will get its day in court, it’s tough to see a jury giving them profits from Gears of War. It just seems beyond the realm of possibility.