So during my hiatus, I missed the chance to point and laugh at the Silicon Knights vs. Epic Games chicanery. Well, I’m back and I’ve got my pointing finger ready to go.
First, lets quickly recap:
Silicon Knights:
The suit initially alleges that: “Rather than provide support to Silicon Knights and Epic’s other many licensees of the Engine, Epic intentionally and wrongfully has used the fees from those licenses to launch its own game to widespread commercial success while simultaneously sabotaging efforts by Silicon Knights and others to develop their own video games.”
Epic:
Rein’s statement, sent out to the media this afternoon, reads as follows: “This morning we were served with a lawsuit by Silicon Knights. We believe the claims against us are unfounded and without merit and we intend to fully defend against them.”
Of course, the suit is much longer than what I quoted and that doesn’t even talk about the specifics of what SK wants (for example, to still use the engine, but not have to pay for it).
So, from there, we have the stage set for a counter suit. I’m surprised it took this long:
Epic:
Epic has returned fire: Yesterday the company filed a motion to dismiss the original suit, and then filed its own countersuit against Silicon Knights. In its defense, Epic said that Silicon Knights failed to show that the company misrepresented the truth or ever intended to deceive the developer.
Silicon Knights:
“We don’t think Epic’s counterclaim has any merit,” Holland told us. “We believe strongly that our claims in our complaint will prevail and the damages Silicon Knights has suffered in connection with its original complaint are vastly more, millions of dollars more than what Epic claims its damages are in its counterclaim. They’ve set forth $650,000 and our claims will dwarf that substantially.”
Awesome.
There are a few things at play here, so lets cover them one at a time.
Dealing with Epic:
If you’re a game developer, a game journalist or even a game player that just pays attention, you’ve probably heard of the problems those that license the Unreal engine run into. Later deliveries, sometimes deliverables don’t function at all or are just mostly broken, support can be iffy, etc. I know that, you know that, everyone, even Epic, knows the rumors that fly around about them. It hasn’t been proven, but if enough people say, you’d think it would at least be something you’d want to ask around about and try to get some more information on. You know, if you were going to spend hundreds of thousands with them. Buyer beware and all of that jazz.
So, no matter what Silicon Knights got into here, they could have got some idea up front if they had asked around in the industry. And then when things were late/broken/etc, they wouldn’t have been quite so surprised. Or claimed to be anyway. And leads on to the next point.
Too Human is running pretty late:
Silicon Knights acts like they got blind sided, that they had no idea how the Unreal licensing worked… I’m not buying it. I think it’s a LOT more likely that since Too Human is running so late, and they had to delay it yet again, they are looking for an out, someone else to point to say, “See Mr. Publisher, it’s their fault.” Now, this is all conjecture, but it’s the kind of guesswork you might do when developers game is so late and now they are suing someone else instead of getting it released. What else makes me think this? Read on…
What does SK want?
(insert long list here. I was going to paste it all here, but it’s not small.)
They want, among other things, to keep the engine and not pay for it. Interesting. But they also mention they are either working on their own engine or have heavily modified the Unreal engine, enough to call it their own in their mind. Also quite interesting. What are they doing creating new engines or spending so much time modifying the Unreal engine at this point? Aren’t they supposed to be releasing a game sometime soon? And, according to their response to the counter suit, they are asking for less than Epic is asking in their counter suit and that makes them more righter…? Yeah, I’m confused by that too.
What does Epic want
Epic is seeking damages in excess of $650,000, as well as an order that any code or games that infringe on its copyright be destroyed.
More generic than SK and shorter. But surely a fair amount of money all the same.
What does all of this mean? It means we’re in for a good run on interesting gaming news for awhile. And that Silicon Knights appears to be a bit off here. Yeah, it could be true that Epic spent more time working on Gears than updating the Unreal engine and maybe they did it purposely to slow down their competitors…oddly enough the same people they call licensees. BUT, here’s my point, did Silicon Knights get into any of this without full on knowledge of the situation? I don’t think so. I think they knew exactly what they were getting into. They had the code in “demo mode” for nine months before they signed on to the deal. They talked with people before spending the big moola required to license the engine, they demoed the code and they could have easily speculated Epic might have been more focused (at the least) on Gears than releasing their engine updates, no matter what assurances Epic gave. So yeah, Epic shouldn’t be late on updates, should release working engines, shouldn’t have delayed (if they did) releases while they worked on Gears and should have obviously provided better support to SK. All of that being said, it’s pretty hilarious for SK to run whining and crying to the courts because they couldn’t release a game in a timely manner.
Of course, all of that being said, Epic is in a interesting place here. They are in the exact situation that had the Lithtech guys spinning of the engine group into a separate company. Potentially Liable because they work on the same kind of games they license their engine for…
What Would Matt Do: I’ll try to resist jumping to conclusions anymore than I already did. And I could easily be wrong about SK. It just seems pretty interesting timing on their part.