It's not very often that games from the Xbox Live Marketplace get pulled down. It does happen however, and in most cases it's due to licensing issues and sometimes the games even make a comeback (like "Doom").
This time around it's "Too Human" and all it's related DLC that's been pulled from the marketplace, and chances are it's not coming back. Gamers can still see the listing on Xbox.com, but downloading it through the Games on Demand section won't work at all.
A recent court ruling against the game's developer, Silicon Knights, said that all copies of games made with the Unreal Engine 3 needed to be recalled and destroyed. It was only a matter of time before the digital copies had to go. It's also only a matter of time before "X-Men: Destiny" gets pulled as well, since it's another Silicon Knights game that uses the Unreal Engine 3.
Those that remember "Too Human" will remember it as a game that started production way back in the 90's, it spent close to ten years being developed for various systems like the Playstation and Nintendo Gamecube before finally landing on the Xbox 360.
"Too Human" not only sold low, but got average reviews. The game was a planned start to a trilogy of games, but thanks to the low sales and sagging reviews no sequel was ever put into production. Considering how long it took the first game to come out, it's hard to blame anyone for not wanting to dump money in the property.