The troubled development of Too Human was partially chronicled last month in a Silicon Knights lawsuit against Epic Games over a licensing agreement to use the latest Unreal Engine in the game. Silicon Knights claimed that Epic breached its contract and failed to deliver a workable version of the engine on time, forcing the developer to start building its own engine for Too Human, and delaying the game in the process.

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.

It also took issue with Silicon Knights' portrayal of some terms in the licensing agreement. While the original suit claimed that Epic had committed to delivering a working engine for the Xbox 360 and PlayStation 3 within six months of each system's final development kits being sent out, the motion to dismiss claimed that Epic was obligated merely to "demonstrate" that the Unreal Engine 3 would run on the Xbox 360 by March of 2006. The motion made no mention of the PlayStation 3 deadline.

Regardless of how the judge rules on the motion, there's also Epic's counterclaim to sort through. In short, Epic accused Silicon Knights of trying to steal the Unreal Engine 3 technology.

"Indeed, the plain language of the Silicon Knights' complaint makes clear that Silicon Knights wants to take Epic's licensed technology, pay nothing for it, and use it any way it pleases," the counterclaim reads.

According to Epic, Silicon Knights had full access to the Unreal Engine 3 code and support network for an evaluation period of roughly nine months before it entered into the license agreement. The developer also got a break on the regular licensing fee because it committed to use the engine exclusively for all of its Xbox 360, PS3, and PC games.

As such, Epic accused Silicon Knights of breaching the contract by creating its own engine for Too Human and developing the game--and a second game with Sega--using that new engine. Additionally, Epic sued the developer for copyright infringement because Silicon Knights said in its original suit that the new Too Human engine was based on Unreal Engine 3.

Epic said the new engine is an unauthorized, derivative work that violates its licensing agreement and constitutes a misappropriation of its trade secrets. It also noted in the months prior to the countersuit that Silicon Knights accessed "virtually all" of the Unreal Engine 3 documentation that Epic makes available to partners online, "consistent with an effort to archive documentation for use outside the scope of the license agreement."

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. Only Silicon Knights' next project after Too Human--the as-yet-unannounced game to be published by Sega--is referenced directly in the copyright-infringement claim.

Article by Gamespot.com

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The only company that could possibly hurt from this is Silicon Knights themselves. Not only will they have to find another game engine that is comparable to the Unreal Engine 3, but also their future project that is published by Sega is in jeopardy because of this lawsuit.

It seems to me that Silicon Knights should of thought this through more thoroughly before getting the courts involved.

"We've said [to developers], 'Hey look, don't bank on the hard drive always being there. There may be a scenario in the future where we don't want to have a hard drive, and in that case, we have to make sure that the games that you've created are accessible to the broadest possible audience.'"
-- J Allard, Xbox executive, to Game Informer in August 2005

How times have changed. Box art proposals for Call of Duty 4: Modern Warfare with a "storage required" sticker and a recent story rumor mongering that upcoming Xbox 360 titles will specifically require gamers to own a hard drive have created a mess of confusion around Microsoft. The question is easy: will Xbox 360 games eventually require the user to own a hard drive?

Final Fantasy XI already does (unsurprising, since it's an MMORPG and those have traditionally required hard drives), and last year's European title Football Manager 2006 did because Sega claimed it was the only way to handle the large save files in the game. But, are we on the verge of seeing hard drive required labels on lots of Xbox 360 titles? Currently, Microsoft (and retailers) are still selling the Core SKU -- even if there are reports of an eventual discontinuation.

A clarification quote sent to GamePro.com sparked the most recent debate:

"Every game will work with every Xbox 360 system. But just like some games will require you to have a Memory Unit to save games, some games will require you to have a Hard Drive to experience them."

This prompted 1UP to contact Microsoft for our own clarification, but were told they stand by the quote absolutely. Microsoft points to games like The Elder Scrolls IV: Oblivion, which was originally announced to use the hard drive to enhance the experience (the final version used it for DLC and save game purposes). That's likely the same reason Call of Duty 4 has a storage requirement sticker -- we get that. What's confusing is whether Microsoft's second statement of "some games will require you to have a Hard Drive to experience them" sets the dangerous SKU splintering stage for future Xbox 360 titles to outright demand a hard drive for gamers to participate.

Problem: they won't say. 1UP's requests to have Microsoft elaborate on their statement have been denied. Shouldn't this be a simple yes or no? Okay, fine, maybe they'll at least explain why they won't clarify the hard drive requirement? No, as Microsoft denied that request, too.

There's already precedent that developers are frustrated with their inability to take advantage of the hard drive, especially given every PlayStation 3 comes packed with one. Everyone was quick to point to PS3 development difficulties for the Grand Theft Auto IV delay, but just a few months earlier, Rockstar Games Creative VP Dan Houser addressed the lack of a hard drive to Official UK PlayStation Magazine:

"OPM UK: On PS3 you've got a guarantee that every machine is going to have a hard-drive and, with Blu-ray, you've got plenty of storage, whereas on Xbox 360 there's no guarantee of a hard-drive and you're working with the DVD format. Does that create limitations?

Houser: Yep. To be honest with you we haven't solved all those riddles yet. [But] both [machines] have enormous challenges ... both have their own particular pleasures and pains."

Sources close to Rockstar have indicated that it's very likely the hard drive will be required for GTA IV, which might explain why the company to this day will still not confirm or deny whether the game uses it.

And there's plenty more evidence Microsoft might already be leaving clues to their stance on the hard drive. Internet reports have suggested both Target and Best Buy will no longer be stocking the Core SKU once existing supplies have run out. If the Core SKU is phased out, it would give Microsoft the public relations opportunity to say that every Xbox 360 sold from there on out will include a hard drive, allow them to drop the price of the existing hard drive peripheral for existing Core SKU owners and call it a day.

If that's what they're planning, it's a far cry from their statements prior to the machine's launch in 2005. Then, Microsoft was openly stating a hard drive might not always be a part of the SKU strategy and developers should take advantage of it as an option, not a requirement. Two years later, they've perhaps completely shifted directions, but even the wording on the hard drive FAQ at Xbox.com leaves wiggle room for the company to suggest they've said this could happen all along.

"So if I don't need the hard drive, why should I buy it?
Microsoft: Even though most games do not require the Xbox 360 Hard Drive, it saves you money in the long run.

I can't afford the hard drive right now. What are my options?
Microsoft: Again, the hard drive is not required to use Xbox 360, but it does enable you to do many things with the system that are otherwise off limits. The good news is, you don't have to buy the hard drive to play most Xbox 360 games, and you can use the Xbox 360 Memory Unit for game saves.

...

While most games do not require the use of the hard drive to work, many harness its streaming capabilities and data-caching features to improve performance."

Article by 1up.com

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Microsoft better get their story straight on if the Xbox 360 will use the hard drive anymore or not. If they're taking away the hard drive to cut down on costs then that's a real shady way of doing it. If anything get rid of that paper weight called the Xbox 360 Core and focus on the other two game consoles that are on the market making money.

I'm definantly keeping an eye out, once again, on Microsoft and how they do things. Because obviously they need a babysitter watching every move they make.

SCEA's senior marketing manger, John Koller, spoke with MTV News today about the future of the PSP.

The portable Sony device could soon toot GPS, a camera, and even have functionality with PlayStation Network titles. While the comments about the new PSP camera and GPS were described as being "tweaked" for the US market, high hopes are still being held for this Holiday season. When asked about Home, Koller said, "Intuitively, if you take the PSP with you, you would want to take some of Home with you," which might be the first ringing endorsement for the remote play functionality of the PlayStation 3.

While this is not set in stone, he did go on to say that overcoming lag-delay is thier big issure right now. So bet your bottom dollar Home will take a front seat Leipzig this year with comments like these and the closed beta coming to an end.

Although there was no TV tuner announced, gamers could see original PlayStation Network games as early as 2008.

During the interview it was also revealed that the slim version of the PSP almost had a second analog nub, but the Sony office axed that idea relatively quickly. In all actuality, Koller said that the PSP has a multitude of hardware revisions ready for implementation, but no further comments were given.

Lastly, Koller spoke on the RSS functionality of the new slim PSP. This is perfect for those of us that might want to chat about a certain game related topic, the most current event, or even surf your favorite PlayStation news site (wink! wink!).

All in all, it seems like the future of the PSP is a bright one. Stick with PSU for future updates and more information on the PSP and PSP slim.

Article by PSU.com

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This is definantly an exciting time for the Playstation 3. Sony is the only company out of the big three that is actually taking a big leap into the future with their video game console and this holiday season will have a large payout for Sony. Of course price plays a huge factor in the life of a product so it's natural to wonder how much all of this will cost. But it's still a great idea for the future.

With the push that Sony is giving the PSP, being on the front burner so to speak along side the PS3, I'm curious to know if Sony will package the PSP hand held system in with the PS3 for a limited time. It wouldn't be a bad idea especially if Sony does decide to turn the PSP into a tv tuner remote. Of course this is all speculation and nothing is concrete yet, but anything can happen at this point.

And as for Home I think we've seen enough. Most of us by now already know what it can do and it's great, but it's time to release the dang thing to the public already. Now if the Home service is actually being planned to be on the PSP also then Sony will be the one to beat for years to come.

Over at the official US PlayStation blog, Warhawk director Dylan Jobe announced that Sony's online title has gone gold and will be hitting the PlayStation Network and retail shelves on August 28th.

Jobe also put an end to speculation regarding the price, stating that the digital download for Warhawk will be priced at $39.99, while the boxed copy will retail for the now standard $59.99.

Seeing as how this is a multiplayer only title with a digital download, we would have preferred to see that price a bit lower, but still, this is a much better scenario than say, the Shadowrun debacle. The retail version of Warhawk is being thought of as a premium version of the title, featuring expanded video content as well as a Bluetooth headset. Not bad for an extra twenty bucks.

For those wondering about the fabulously pictured Warhawk pin, sorry, it's for Beta players only. The top ranked Beta players, to be exact.

Article by Joystiq.com

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There have been alot of speculation as to the pricing of the download version of Warhawk and it's release date. $40 doesn't seem like a bad deal for what your getting. I'd like to play it some time to see what it's like.

Here are a few excerpts of the joystiq.com interview with Mark Reign. (Full interview HERE) He talks about Unreal Tournament 3, Playstation Home, and user created content, to name a few. Will console gamers really have to pay for the PC version of UT3 just for user created content?:

Are you planning anything for PlayStation Home?

Oh yeah. We'll definitely do an environment in Home, no question. We'll let you go into Home and enter the game, like Phil Harrison showed at E3.

Okay. On to mods, which will play a big part in the PlayStation 3 version. Will the PS3 support total conversion mods?

Yes. Anything you can put in a level. "Level" is a little deceiving now because, with the streaming system that we have, a level isn't just one map anymore. But anything you can put in there, which includes maps, models, Unreal Kismet scripts, Unreal Script, textures, shaders, matinee instructions. Anything that we can do, you can do.

Will the editor be available for download for people who buy the PS3 version, so that they don't have to buy both versions if they want to create content?

I doubt it. The editor is one of the selling points of the PC version. PS3 owners will need to buy the PC version as well, if they want to make mods. Not if they want to play mods. But, they would anyway because that's where the content is. Are we going to release the whole game for free? You need it for the content. Well, you don't need it if you're going to make 100% new content, but no mod does that.

You need access to our scripts, access to our library. Most people will still use our static meshes and our textures to populate their map. They're going to grab our trees, not make their own. Just a blank editor wouldn't be a good start for making a mod.

Do you not see that as a bit harsh? You're asking PS3 users who want to create content for the PS3 to buy two versions of the game.

Well, they have to make it on a PC anyway. How else are they going to do it?

Is there anything concrete on PS3 to PC cross-play?

Nothing concrete. We're looking into it. I think we'd like to have it, but there are a couple of problems. We were talking about supporting and doing updates and adding the functionality earlier, right? Well, on the PC, we can come up with an idea on Monday and release it on Monday night. Assuming we code it in time. On the console, you don't have that luxury. They want to put everything through certification, so if we want to make a change to add new functionality or fix a bug then we have to go through the process. The process is complicated enough and difficult enough so that it's not something you want to go through every three days.

So you want to stack up all your fixes, updates and add ons and release them a couple of times a year. Not a couple of times a month. So the problem is, if we decide to do something that changed compatability then it would be very difficult for us to co-ordinate the two updates to happen at the same time. That's one potential concern. There are other concerns as well. We want to make the best experience for our audience. You used the word "gimped" earlier, right? We don't want our PC guys to think we gimped UT3 and made it slower because it's harder to play it on a controller when the game is moving at super lightning speed.

Likewise, we don't want our PS3 users to think they're getting a twitchy mouse and keyboard game because we didn't want to slow down the PC version. Consequently, the game runs at slightly different rates. Playing the game on the controller is a little different from playing on a keyboard and mouse. So, if we allow cross platform play then what do we do? Speed it up on PS3 or slow it down on PC? I'm not talking framerate, but rather the movement speed of characters and vehicles and turning responses. There are some things you can do easily with the buttons on the controller that you can't do with keyboard and mouse. So how do we handicap it to make it fair?

So we don't know. We'll probably try it. Technically, today it works. But that's in the lab where we can change it every three minutes. But the other question is, do the users really want it? I'm not so sure. I haven't seen any great demand for it. There's no question that users do not want us to - your word- "gimp" the game to have that feature. The real benefit of the cross platform strategy is the mods. There is huge benefit there. The other benefit is being able to use your PC as a server. That's another huge benefit and we're definitely having that.

Using a PC as a server for PS3 games?

Yes. Absolutely. There's no question that that's something that people want and which we want. We want to be able to tell our publisher "hey, we want you to go out and host a hundred servers for the PS3" so that there are loads of high bandwidth dedicated servers on day one. So they'll go to a hosting service which has racks and racks of Linux boxes and they'll host the servers and they'll click the box which says "advertise to PS3." For sure, that's a benefit. People also ask us whether we'll support keyboard and mouse on PS3.

I was just about to ask that very question.

We might already, I don't know. Actually, I've never asked our engineers the question. [Laughs] There's no reason why we couldn't, except for the problems I mentioned earlier. Is that fair to the people who won't be playing with keyboard and mouse?

Full interview at Joystiq.com

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Personally I'm excited for Unreal Tournament 3. I've been looking for a shooter that will keep me on my toe's for a little while. Yes there is Shadowrun for the Xbox 360 which is fun but not entirely worth $60. I hope that the mod's will be changed for the PS3 users so that they don't have to spend extra money, or even purchase an entire game, to take advantage of the mod tools to create maps with. I'm also curious to see if they'll add keyboard and mouse functionality. We'll have to see what will happen when it gets closer to the release date.

It's a beautiful day outside and I'm sitting here in my comfy recliner playing Oblivion. Yes it's a sad life I lead. And since I have nothing to blog about I mine as well express how great this game is. I gave Oblivion a perfect 10 out of 10 when I was only 10 hours into it. (Ugh, that add's up to 30 - the age I'll be next month. God I'm old) I'm now level 9 soon to be 10. (AHHHH! Feels like I'm in the movie Number 23!) So I'm wandering around Cyrodill trying to complete this quest called The Collector where I have to snag up total of 11 Ayleid statues for this guy named Umbacano which will then pay me 10,000 gold for my efforts. The quest will be a nice payout in the end but man is it ever hard to find these Ayleid Ruins without the strategy guide.

What will I do with all that money? I'm not sure. Probably buy better gear or another horse or even a brand new house, who knows? I could probably give 1 gold piece to all the beggars who are scattered throughout the Imperial City. Nah, I'm greedy. Besides they probably won't be satisfied until they have it all! Those beggars!

Anyways, for the time being I'm trying to collect as much achievement points as I can before actually getting into the main storyline. (Nope I haven't even scratched the surface of the game yet. I plan on starting the mages guild and then the fighters guild after I get done with the Collector quest.)

Wish me luck as I have a funny feeling that this game will consumer more than my time. It'll consume my whole entire life - those frigging video games!

According to Reuters, retail mega-chain Target announced today it will only carry Blu-ray disc players. They will begin in October and go "at least through the holiday season." This comes a month after Blockbuster, the U.S.' largest brick-and-mortar video rental chain, said they would be going Blu-ray exclusively too. Heavens to Murgatroyd, is Sony actually going to win a format war? Blu-ray shall avenge its cousins Betamax and MiniDisc if it emerges victorious against HD-DVD.

The Reuters information is currently being further explained by Universal Home Entertainment. Universal would like to clearly point out Target will continue to carry the Xbox 360 HD-DVD drive and movies, they also say that Target is still currently selling HD-DVD players. Well, yes, because it's not October yet.

Universal has a right to feel defensive. Target's declaration probably shouldn't be taken too lightly -- although, when Wal-Mart declares Blu-ray, it's all over. So, even with the HD-DVD attachment price drop for your Xbox 360, plus five movies, is it worth getting? Umm, might want to put that money aside for now. It's a nice $179 dent in the cost of the PS3, which comes with Blu-ray playback built in. The holiday season is approaching and that'll be a pretty big indicator of what's to come. The last thing any consumer wants is to have an expensive machine which plays a dying format.

Article by: Joystiq.com

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With Blockbuster and Target supporting Blu-Ray I can honestly say that I'm shocked to learn that BD might take the cake on this generation's format war. I figured the HD DVD will win over the competition for the simple fact that the movie industry couldn't rip off the consumer by re-releasing movies in many different forms such as the Collector's Edition and what not. With the amount of space that is on a Blu-Ray disc (50g's) I figured that it would be only used for video games. Huh, I may of thought wrong.

But it's not over for HD DVD just yet. We have yet to see what format the other retailers will decide upon. And with a price drop on the Xbox 360 HD players, this may help push that format further. We'll have to see what happens this holiday season.

Exciting people everywhere, David Jaffe updated his blog with news that he will make a "big announcement" on Friday. He says:

"...well big announcement for ME. It's not like I'll be revealing what game we've been working on, stuff like that. Well actually, I will be able to talk a little bit about ONE of the games for the first time..."

To add to all this, David Jaffe took pictures of cryptic empty offices like the one shown above.

Check back here (or http://criminalcrackdown.blogspot.com/) at 9:00 AM PST to find out what he has to say.

God of War 3? His new house? Just his new studio (empty shock)? Probably.

Article by: PSU.com

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It's vague as to what David Jaffe will do next. A few weeks ago he announced that he wasn't working with SCEA anymore and from the sounds of it he'll be creating his own studio. I wouldn't doubt it. We'll have to find out friday to see what he'll do next.

Following the news of Silicon Knights suing Epic games for "inadequacies" with the Unreal Engine 3, ShackNews went ahead and talked to some developers about the issue. Of course, most of the people who spoke against the engine and its licensor Epic (Gears of War, Unreal Tournament 3) did it anonymously -- except for the Postal developers, 'cause they just treat the world with one giant middle finger up in the air, although they did it so softly here with a simple: "It just wasn't the best relationship for us [with Epic]."

The statements pretty much cover the spread from good to bad. The most interesting anonymous source talks about several studios who had various levels of experience with the UE3. The key thing is that the source doesn't believe the problems were "intentionally malicious," but a product of Epic being stretched thin because of their own product development. Interestingly, this is given even more credence by Sony swooping in and lending support to Epic in getting the UE3 working properly with PS3. The question is slowly turning into what did Epic deliver to these developers through their license? How much extra work did these developers have to put into the engine to get it functional? Obviously, Sony felt the need to help out. The Unreal Engine 3 tree is going to continue shaking and we're sure to see more stories fall out very soon. Hopefully, with developers who know what they're talking about and are willing to go on the record.

Article by: Joystiq.com

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The situation is still unclear as to what went wrong with Epics Unreal Engine 3. But since more developers are speaking out against it Epic has a real problem on their hands. Was the incomplete program intentional or are the developers themselves incompetant of figuring out how to make the engine work to it's fullest compacity? If this isn't resolved quickly and thoroughly then they're might be a great divide between middleware developers and the rest of the industry resulting in the creation of individual rendering engines for each company. Which means also the expenses and cost for each game will go up, and that I'm against.

So what are your thoughts of this lawsuit battle between Silicon Knights and Epic Games? Do you think that this was intentional to gain more profit for Epic, or do you think the developers are a bit frustrated at the complexities of the engine?

In past conventions of the E3 event it was a time to remember. With it's glitz and glamour of the publisher booths blaring sounds and music out at the patrons, it had a party like atmosphere that everyone loved. So understandably, due to cost, E3 trimmed down in size and stricter rules have been enforced to assure a smoother more better experience for the 2007 conference. It just sucks that the event tanked this year. After both the Sony and Microsoft's press conferences I grew bored with E3 2007 and moved on to other things like say cleaning my apartment!? Yes we don't need useless booth babes to sell products, but we also need excitement to help generate interest and to attract the consumer to the products. When that is eliminated people won't care. It's like a movie trailer. If that brief 30 seconds doesn't get the movie goer's attention then no one will see that particular movie. The same apply's to E3. We need excitement that will be focused around video games and technology, not booth babes.

So what are your thoughts of E3 2007? What's hot and what's not? What particular things do they need to improve on?