The encyclopedia · Legal & Compliance · Strategic decision · 2007–2014
Silicon Knights lost its Epic Games lawsuit — a judge ordered it to destroy its own games
Silicon Knights made Too Human, then sued Epic Games over Unreal — and lost. The court ordered it to destroy unsold copies. It filed for bankruptcy in 2014.
Silicon Knights · Epic Games · 2012-05-30
What happened
Silicon Knights was a Canadian video game developer founded in 1992 by Denis Dyack in St. Catharines, Ontario. It built a reputation with Eternal Darkness: Sanity's Requiem (2002) for Nintendo and Metal Gear Solid: The Twin Snakes (2004) for Konami. After its Nintendo exclusivity deal ended, the company partnered with Microsoft Game Studios to develop Too Human (2008) for Xbox 360.
Too Human was in development for over a decade and was released to mediocre reviews and weak sales. The game's failure left Silicon Knights without a sustainable franchise. In 2007, the company sued Epic Games, claiming Epic failed to provide a working Unreal Engine 3 license and caused "considerable losses." Epic counter-sued for copyright infringement and misappropriation of trade secrets.
In May 2012, Epic Games won the lawsuit and was awarded $4.45 million, later doubled with interest and legal costs to over $9 million. The court found that Silicon Knights had "deliberately and repeatedly copied thousands of lines of Epic Games' copyrighted code." The judge ordered Silicon Knights to destroy all unsold copies of Too Human and X-Men: Destiny — its own products.
Denis Dyack left in 2012 to form Precursor Games. Staff fell from 97 to fewer than 5. On May 16, 2014, Silicon Knights filed for bankruptcy. The company that created one of the GameCube's most acclaimed titles was destroyed by a single failed lawsuit.
Why it happened
- Too Human was in development for over a decade and failed critically and commercially, leaving the company without a successful franchise and with no revenue to sustain operations
- Suing Epic Games was a high-risk gamble — losing the lawsuit meant owing over $9 million and being forced to destroy its own unsold inventory, making any further revenue impossible
- The court-ordered destruction of all unsold copies of Too Human and X-Men: Destiny wiped out the company's remaining assets, leaving it with nothing to sell
The lesson
Silicon Knights bet all on Too Human and a lawsuit against Epic Games. It lost both — a judge ordered it to destroy its own games. A firm that can't sell its products and owes millions has no future.
Aftermath
Denis Dyack left Silicon Knights in 2012 to co-found Precursor Games, which was itself dissolved in 2015 after a failed Kickstarter for a spiritual successor to Eternal Darkness. The remaining staff dwindled from 97 to fewer than 5. Silicon Knights filed for bankruptcy on May 16, 2014. The court-ordered destruction of unsold game copies is one of the most dramatic penalties ever imposed on a video game developer.
Sources
- Wikipedia — Silicon Knights (founded 1992, Too Human 2008, Epic Games lawsuit 2007-2012, $4.45M judgment doubled to $9M+, ordered to destroy unsold copies, filed for bankruptcy May 2014)
- VG247 — Epic judgment doubled, Silicon Knights ordered to pay over $9 million (Nov 2012)
- Polygon — Silicon Knights unloads property, closes office, continues battle with Epic Games (May 2013, financial trouble before bankruptcy)
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