Epic Games' Motion to Dismiss Silicon Knights Lawsuit Denied

Epic Games had been looking to get Silicon Knights' lawsuit completely thrown out, but the court has decided to deny the request and the litigation will continue.

The article contains responses from Epic VP Mark Rein and Silicon Knights' attorney Christopher T. Holland.

(Reported by James Brightman for GameDaily on Wednesday, October 31, 2007)

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socomnick4867d ago

I hope silicon knights wins :) just for sh|ts and giggles.

Lumbo4867d ago

Best you know what you wish for: you wish for the total removal of commercially middleware, as no middleware developer could sell the middleware without a) having the licensee stealing its IP and b) dragging them to court if they fail to master the middle wares tools and procedures cause they need to make up more money for their incompetence.

Epic loosing would mean every dev would have to build his own engine from ground up again= increased cost = less games = less time for gameplay = less quality games.

Other devs have managed great games with the engine, why did SK fail ?
Hardly cause of the engines "failings" and how did they manage to suddenly spawn their own "engine" it smells fishy, and after a long battle we will hopefully see Epic win.

Gamespot-equals-EGM4867d ago

' wish for the total removal of commercially middleware.'

Not true. If SK won, companies that make middleware would just have to specialize more. In the case of Epic, they would have to devote more resources to supporting their middleware vs devoting resources towards software developement (eg, Gears of War).

Nameless4867d ago (Edited 4867d ago )

"We are confident that the evidence will show Silicon Knights breached its license with Epic Games and violated our copyrights and trade secrets."

If they are so confident then why did they try having the lawsuit stopped ?

Action speak louder then words.

Loopy4867d ago

Think before writing stupid comments.
Dismissing a lawsuit is much less expensive than going to court and trying to defend your case.

ruibing4867d ago

It's just bad PR and not worth going for a long drawn out court battle if you can settle it fast.

stonedog4867d ago (Edited 4867d ago )

you keep going until the other side gets tired and settles with you or you win or loose at trial (the majority of cases settle). This type of motion is usually unsucessful b/c Judges prefer matters to be resolved on merits at trial rather than dismissed on technicality. So all SK would survive this motion would be to demonstrate that there is triable issue. One way to do this is to raise issues of credibility which is a matter that can only be addressed in full trial.
Epic was aware of this possibility and chose to proceed in the hope that they might be sucesful or/and as a tactical measure to have SK burn money on the motion and possibly force a settlement.

In any event the court will decide what is reasonable and commercially proper for the parties to expect and clarify the law with regard to these types of commercial licensing in the US.

razer4867d ago

that the Judge saw that gave it merit enough to go to trial. If it was as much nonsense as Epic made it sound like then it would of been dismissed. I hope SK win, just because I hate the fact that Gears of War 360 got shafted by the PC version and because UT3 360 got shafted because of their dealings with Sony.. Epic lost many 360 fans when they announced the PC version of GeOW.. Yeah, it sounds childish but oh well..

games4fun4867d ago

epic has everything to gain if the lawsuit was thrown out, little to no cost and not have to pay a bunch of money now they actually have to go through a long legal battle.
Even if silicon knights was completely wrong do you think Epic wanted to pay for the lawyer and court fees?

stonedog4867d ago (Edited 4867d ago )

motion of this kind is quite expensive; it is only relatively cheap in comparison with going to trial. Both parties would have to put their best foot forward so they would be proceeding as if it is a mini trial. The threshold for Sk would be fairly low for they would need to demonstrate a triable issue and perhaps raise some issues of credebility and then it is appropriate that the matter proceed to a full trial so that the case can be propperly dealt with. The key is that a litigant should not be lightly deprived of his/her/its day in court. Thus Epic was not successful.

snoop_dizzle4867d ago

so when is too human coming out?

jackdoe4867d ago

Early 2008 unless this court case causes the game to be delayed indefinitely in order to review its code and see if there is any copyright infringement on existing UE 3 code.