The game is no longer available through Games on Demand and the demo, themes and other Xbox Live extras are gone as well. A search for the game through the Xbox 360 turns up only a trailer dated from E3 2007 and the game's home page on the Marketplace website lists no content for purchase.
In May last year, Silicon Knights lost its legal dispute with Epic Games in which the developer claimed Epic had used Unreal Engine 3 licensing costs to fund development on Gears of War instead of paying for engine improvements. Epic countered with the claim that Silicon Knights had breached its license agreement by sharing Epic's trade secrets and infringing on Epic copyrights. Epic was awarded $4.45 million in damages after a jury rejected Silicon Knights' claims.
Last November, it was revealed through court documents from the case that Silicon Knights was instructed to recall and destroy all unsold copies of games the company developed using Unreal Engine, including Too Human and X-Men: Destiny.
Polygon has reached out to Silicon Knights and Microsoft for clarification and will update this story with more details as we have them.
Update: A Microsoft spokesperson provided Polygon with the following comment: "Microsoft received a Recall Notice from Silicon Knights for Too Human, and we have removed the game from Xbox LIVE Marketplace accordingly. We have no comment regarding, nor involvement with the case between Silicon Knights and Epic."
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