X-Men: Destiny is available from today on Xbox Live Marketplace as part of the Games on Demand program, priced at $39.99. That’s despite Silicon Knights being ordered by the US court to recall and destroy all unsold copies of its products using Unreal Engine 3, of which X-Men: Destiny is one. The company was also ordered to cease producing and distributing games using Epic’s technology.
How can this be? The ruling in the Silicon Knights vs. Epic Games case dictates Silicon Knights notifies the US court by December 21 of its compliance with the injunctions ordered. This is presumably to give Silicon Knights adequate time to carry out the required actions; recalling and destroying every unsold copy of X-Men: Destiny and Too Human.
