We've been keeping our eye on the lawsuit filed by Too Human developer Silicon Knights against Epic, which claims breach of contract in SK's licensing of Epic's Unreal Engine 3, among many other claims. Next-Gen.biz has the latest update to this battle, this time from Epic, and it looks like things are beginning to get messy. It seems that they are pushing back against SK's criticisms of Epic's recently filed counterclaim and motion for dismissal.

From the filing that Next-Gen acquired: “SK simply wants to defer any consideration of the sufficiency of its pleading so it can oppress Epic with burdensome and expensive discovery.” 

One of Silicon Knight's main claims is that the Unreal Engine 3 isn't doing things that Epic said it would. Epic notes that this stuff was never included in the License Agreement, though SK says that statements were made in e-mails and meetings prior to the agreement. Of course, Epic says that those items don't count, and are invalid.

Silicon Knights is also claiming that Epic did not provide technical support, failed to offer a “successful demonstration” of the engine by an expected date, and misrepresented the warranty, all of which Epic shot down like so many Locusts.

The filing concludes, “SK’s brief does not overcome the multiple legal defects in the Complaint. SK’s arguments are factually misplaced and at odds with the law. The Court should grant Epic’s motion to dismiss.”

[thanks, Mr. Donut]