Too Human and content associated with the action RPG from Silicon Knights has apparently been pulled from Xbox Live Marketplace. While Microsoft has not officially confirmed why the game and related content was pulled, some are speculating that it could be related to the lawsuit that Silicon Knights lost against Unreal Engine maker Epic Games. While the product page for the game remains, the game is no longer available for purchase from Games on Demand, nor is the demo, gamer pics, and themes.
A 2012 court ruling ordered Silicon Knights to "recall and destroy" games that it built using Epic's Unreal Engine 3 – including Too Human. The company had until December 10, 2012 to comply with the order. Silicon Knights used Unreal Engine 3 to build Too Human, The Box/Ritualyst, The Sandman, X-Men: Destiny, and Siren in the Maelstrom.
The court also instructed the developer to cease production of any games using the game engine technology, and to pay Epic $4.45 million in damages. All of this related to a court case it lost after a jury ruled in favor of Epic. The jury found that Silicon Knights breached their Unreal license agreement, misappropriated Epic's trade secrets and infringed Epic's copyrights in the Unreal Engine 3 code. It was a bad ending in a court battle that began way back in 2007.
Recent reports suggest that Silicon Knights is a ghost town, with only five employees remaining at the development studio, including president Denis Dyack.