Epic Files Motion to Dismiss in Case Against Silicon Knights

After developer Silicon Knights sued Epic Games on the grounds of Epic providing a less-than-capable Unreal Engine 3 to Silicon Knights, Epic has responded with a Motion to Dismiss.

From Gamasutra:

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Epic's motion to dismiss memorandum, sent to Gamasutra by Epic's Mark Rein, says of Silicon Knights that it "used Epic's intellectual property to develop what SK expects will be a commercially lucrative video game that it is about to publicly release," but, "having exploited Epic's intellectual property to its advantage, SK now seeks to renege on its payment obligations under the License Agreement. In short, SK's lawsuit is a pretense. SK does not have any valid claims against Epic. SK filed suit in a bid to renegotiate the License Agreement, in the hope that Epic will prefer that to the burden of responding to discovery and associated adverse publicity."

NextGen reports on a clause in the UE3 license agreement that SK had overlooked:

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Potentially damaging to Silicon Knights' claims is the licensing agreement for UE3, which states, according the filing, that Epic's warranties "do not include any warranty that the functions performed by the Unreal Engine ... will meet [Silicon Knights'] requirements, nor that the operation of the Unreal Engine ... will be bug free or error free in all circumstances, nor that any defects of the Unreal Engine ... can or will be corrected." Epic stated that Silicon Knights' "infringement has at all times been willfull." The firm added that Silicon Knights "failed to devote its best efforts to develop a game using Unreal Engine 3." Epic said Silicon Knights created a "culture of isolation" that severed ties between UE3 developer support and Silicon Knights.

In addition, what Epic is seeking in response to SK's demands, one of which was to direct all sales of Gears of War to SK as compensation for damages they incurred, Epic responds with some serious demands that could signal the death of Too Human, SK's upcoming game:

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Epic is demanding compensation of damages, legal fees, an injunction, destruction of applicable infringing computer code and games, compensatory damages (the breach of contract counterclaim carries a demand alone of at least $650,000) and "proceeds and profits resulting therefrom created by Silicon Knights in violation of Epic's Intellectual Property Rights."

Finally, Gamespot notes:

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It also noted in the months prior to the countersuit that Silicon Knights accessed "virtually all" of the Unreal Engine 3 documentation that Epic makes available to partners online, "consistent with an effort to archive documentation for use outside the scope of the license agreement."

News source: BeyondUnreal

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I love this bit "one of which was to direct all sales of Gears of War to SK as compensation for damages they incurred," WTF ARE THEY SNIFFING! seriously.. have u heard anything so friverlious in your whole life... this is easly the most pathetic money grabbing thing I've ever seen.. EVER
this is like me saying..... my macbook pro 2.18 does not work as well as 2.20 version.. not as fast.... so.. gimi ALL money from Ipods.. EVER!..... they need to be sat on.. and hard....

anyways.. they should both sit down and shutup... sk needs to work on it's game..... the engine DOES NOT make the game... they do...

I bet the actual developers are just sitting there going... "can we just get back to work mr lawyer"

*rant mode off*

Epic made a sloppy unfinished engine and SK is making a sloppy unfinished game.

At the end of the day they both lose because they were both losers to begin with.

And now comes iD Tech 5 swooping in with actual multi-platform support from the onset.

Historically I wouldn't expect any ID engine to be better, outperform or have less bugs than any unreal engine.

Also this has nothing to do with being multiplatform, but unreal engine has pretty much allways been multiplatform anyway.

Either way SK licensed an engine, and they expected the version they got to be as complete as the in developement version that was beign developed with GoW... that part of the code wasn't finished and was on a use at your own risk anyway, as it was all being developed specifically for GoW at that time, before being implemented into the engine on a more general level.

Epic make one of the best engines out there, it's certainly never been 'sloppy' either. When you buy an engine you will have to code it to do what you want it to, and Epic will guide you with that too.

SK are simply trying to recoup development and license costs because of their overdue game. They're also trying rip off the Unreal Engine in the process. They claim they wrote a new engine of their own (I read somewhere), yet they've been breaking the licensing terms by archiving all the Unreal Engine documentation. It's pretty obvious what they've really been doing.

Wow, this lawsuit just keeps getting better and better. It seems that Epic has more solid ground underneath them than SK does, with that clause from the UE3 lisence out in the air.

I still think SK is only doing this because 'Too Human' is going to suck, and they want to shift the blame to someone other than themselves.