Unsold copies of Too Human were recalled and destroyed and the digital version was taken down from the Xbox Marketplace in 2012. In 2007, Silicon Knights, the developers of Too Human attempted to sue Epic Games for not providing the required software build of the middle-ware Unreal Engine 3 to Silicon Knight's deadline, believing that doing so was a way of sabotaging other developers trying to make their games using the Unreal Engine 3. Epic games counterclaimed, claiming that Silicon Knights tried to steal code from Unreal Engine 3 and used the lawsuit as a way to guard their theft of code from the software. The court ruled in favor with Epic Games believing that Silicon Knights did stole code from the Unreal Engine 3 written by Epic Games and ordered them to pay, $9.2 million for damages and court costs for Epic and to also destroy unsold copies of Too Human, as well as cancelling and destroying other Silicon Knight games which used the Unreal Engine 3.
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Silicon Knights' Too Human was the passion project of studio head Denis Dyack, having spent nine years in development across multiple platforms. Originally going to be a Sega Saturn /PlayStation game, it was first shifted to the Nintendo GameCube and then finally to the Xbox 360 due its enhanced graphical quality, as Dyack was disgusted by the Wii's weaker hardware. The result? Mediocre sales and reviews, which lead to the studio's eventual decline. Meanwhile most fans would agree that Eternal Darkness was their best game.
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