Whether Epic Games will get their awarded amount remains to be seen however.
By Liam Gilroy on January 13, 2014 at 8:04 pm
Yes, as Gamasutra notes, on January 6th The United States Court of Appeals has concluded that the lower court’s judgement in favour of Epic Games was accurate, upholding the decision for Silicon Knights to pay $9.2 million in damages and court fees to the Unreal Engine developers.
For those unfamiliar with the story, back in 2007 Silicon Knights – the development company helmed by Denis Dyack – brought a suit against Epic Games. In short, Silicon Knights alleged that Epic Games had not provided a working version of the Unreal Engine 3 when they said they would, and that once the engine was released it had insufficient documentation. Silicon Knights’ game Too Human suffered as a result of Epic’s negligence and totally not because it was really short and repetitive with a mess of a control scheme and unskippable over-long death sequences.
Epic Games responded with a counter-suit, claiming Silicon Knights were simply using the suit in the hopes Epic Games would settle and allow them to renegotiate the license agreement in terms more favourable to Silicon Knights, rather than go through court. In 2012 Epic Games prevailed and were awarded $4.5 million in damages related to breach of contract and copyright infringement, along with $4.7 million in court fees. Silicon Knights were also ordered to destroy all remaining copies of the games they had developed using the Unreal Engine 3 – Too Human and Xmen: Destiny – as well as all code and documentation.