Microsoft: Too Human StillMicrosoft, which is not a party in the case between Silicon Knights and Epic, stated in an e-mail, "Regarding development of Too Human, we are still on track for a 2008 release date, as we announced most recently at E3 2007." Microsoft is publishing the game for Xbox 360. Silicon Knights is a licensee of Epic's development tool Unreal Engine 3, which was being used to develop Too Human. A release timeframe of 2008 is a large window, theoretically giving Silicon Knights and Epic about a year and a half to get things straightened out. But Epic's counterclaim demands the destruction of allegedly infringing computer code and games that unlawfully utilize UE3, which may include Too Human, potentially pushing the release of the already ages-in-development title even further out. On Wednesday, Epic filed a countersuit against Silicon Knights, accusing the Too Human developer of copyright infringement, breach of contract, misappropriation of trade secrets and “the imposition of a constructive trust.” Epic's countersuit was in response to a July suit brought against Epic Games that claimed Epic "never intended to deliver Unreal Engine 3 as a fully functional game engine as promised." Silicon Knights accused Epic of licensing the game engine simply to collect fees from developers in order to fund the development of Epic's hit title Gears of War. The developer accused Epic of breach of contract, fraud and various other claims.