I don't really like the sound of this. Too Human wasn't a great game by any stretch but it gave me some weird form of enjoyment. So, was it true that Too Human's game code was essentially all re-written unreal stuff? Seems awfully overkill to make them delete the game code otherwise.
SK is going to get into further trouble because of this with publishers of XMEN and Too Human, it's not like the developer can return and destroy the game. I wonder what will happen. Bankruptcy seems imminent.
The publisher, I'd imagine, seeing as it's the party responsible for pressing the discs and shipping them to stores. Acti could attempt to pass that cost on to SK, but the company has been surviving on contract to contract, so this would surely be a fruitless endeavour.