It seems that lawsuits is the big news of the day in the industry, as new updates to Canadian Developer Silicon Knights’ (the makers of Xmen Destiny, Eternal Darkness, and the game in question, Too Human) 2007 lawsuit against Epic Games, over ‘inadequacies’ in performance and support of Unreal Engine 3. Last week, the court delivered a damaging blow to SK’s case when the motion to exclude testimony from financial analyst Terry Lloyd, who was retained by SK to offer an expert opinion about the damages sought was granted.
The Judge in charge of the case, a Judge James Dever III, said that Lloyd delivered “his own subjective conclusions about an industry in which he had no prior knowledge or experience.” His choices of competitors to compare sales against was called into question, as games like Grand Theft Auto IV and Gears of War didn’t meet his criteria of similar marketing budgets or genre.
Court documents also reveal what Silicon Knights was up to elsewhere at the time of filing. The company was pursuing “development opportunities” with Vivendi, THQ, Capcom, and Namco. It had plans for Sandman and King’s Quest games, and had gone so far as to make a prototype for King’s Quest. This would have been taking place right around the time a letter-writing campaign revived the fan-made The Silver Lining project … which went on to be shut down, and then re-revived. And after all that, the King’s Quest franchise is now in the hands of Telltale Games.
With all this said and done, as a personal opinion to the matter, Silicon Knight’s case is pretty much thrown out the window, we realize that you’ve worked hard on Too Human but you have to look at what people are saying, there are huge problems with the game, in general, it’s not that good and it’s not problems with the engine. The problems were because of gameplay, story and general lack of polish.
Every developer makes some bad games at times, learn from your mistakes and make the next one better.