Too Human and associated content pulled from Xbox marketplace

UPDATE: Microsoft has confirmed it removed Too Human content from the Xbox Marketplace at developer Silicon Knights' request.

A statement from Microsoft sent to Eurogamer read:

"Microsoft received a Recall Notice from Silicon Knights for Too Human, and we have removed the game from the Xbox Live Marketplace accordingly.

"We have no comment regarding, nor involvement with the case between Silicon Knights and Epic."

ORIGINAL STORY: 2008 Silicon Knights Xbox 360 exclusive Too Human and its associated content has been pulled from the Xbox Marketplace.

Eagle-eyed Xbox Live Arcade watcher Sacra pointed out on Twitter that the action role-playing game had dropped off the Marketplace, although the product page remains.

Gone is the game itself from the Games on Demand service, the demo, Gamer Pics and Themes.

Microsoft is yet to issue an explanation, although it may have something to do with the 2012 court ruling that ordered Silicon Knights games, including Too Human, be recalled and destroyed after the Canadian studio's court room defeat to Unreal Engine maker Epic Games.

According to the ruling Silicon Knights had until 10th December 2012 to destroy any software it built with Unreal Engine 3, including the code for Too Human, The Box/Ritualyst, The Sandman, X-Men: Destiny and Siren in the Maelstrom.

Additionally, the embattled developer was ordered to cease production of these games and recall and destroy all unsold copies - at its own expense.

In May 2012 Silicon Knights was ordered to pay Epic $4.45 million in damages after the jury found in favour of its counter claims. The court ruled that Silicon Knights breached their Unreal license agreement, misappropriated Epic's trade secrets and infringed Epic's copyrights in the Unreal Engine 3 code.

The argument between the two parties started back in 2007. Silicon Knights claimed that Epic was holding money back that it should have spent supporting Unreal Engine and pouring it into Gears of War development. Problems with the engine allegedly caused the Too Human studio to ditch the tech at the last minute and develop its own system, resulting in development costs shooting up.

Recent reports suggest Silicon Knights is hanging by a thread after X-Men: Destiny, published by Activision, tanked. It is thought only five staff remain at the developer, including its controversial chief Denis Dyack.