After an accusation of piracy was opened against her The sinking city developer Frogwares, Nacon has fired back at the developer with a statement arguing that Frogwares’ lack of cooperation to get the game to Steam triggered a clause in his contract that allows the publisher to modify and host a version alternative to the platform game.
It’s the latest in an increasingly messy back and forth between the two companies, centered around The sinking city and an ongoing dispute over the publication agreement between Nacon and Frogwares.
Before the conflict, The sinking city was withdrawn from sale due to disagreement, but as of this year, Nacon was given the green light to play the game again on several platforms, including Steam. That’s where things get especially messy.
Frogwares tweeted a PSA shortly after the game reappeared on Steam, warning players not to buy what he later called an illegitimate version of the game. Nacon, in a statement shared on Steam, argued that the version he posted was “official and complete” despite Frogwares’ claims. This led to Frogwares releasing a 9-minute video explaining how the Steam version of The sinking city it was actually a modified version of the game distributed on GamesPlanet and accused Nacon of essentially selling a pirated version of the game.
“In line with the court’s decision, Nacon has repeatedly and unsuccessfully requested that Frogwares make the game available to Steam, otherwise it would apply a clause in the contract in which case the game would be adapted by a third party.” . explains Nacon.
This is the justification given in today’s statement on what Frogwares calls piracy: Nacon worked with one of its subsidiaries to adapt a different version of the game for Steam after Frogwares’ alleged refusal to cooperate.
Last night, however, Frogwares was able to pull the game out of Steam via a DMCA withdrawal. Now, Nacon argues that it only released this modified version of The sinking city due to Frogwares’ refusal to provide him with the Steam version of the game, something Nacon says was ordered by a Paris court during the ongoing legal dispute.
“In the past, Frogwares relied improperly on allegations of non-payment to refuse delivery of the game to Steam, at which point they tried to terminate the contract without success,” Nacon’s statement explains. “The Paris Court of Appeal considered this action” manifestly illegal “; it ordered the continuation of the contract and encouraged Frogwares to refrain from” any action that would prevent such continuation. “
Nacon continues to describe Frogwares ’actions as a deliberate sabotage against its attempts to recoup its investment in game development, according to Nacon funding that exceeds € 10 million. He argues that Frogwares refuses to deliver a copy prepared by Steam The sinking city it allowed him to look for other means to get the game up on the platform.
Beyond that, it also reaffirms that it has exclusive distribution rights for The sinking city on Steam and contradicts Frogwares ’previous allegations by saying that the developer was and still is entitled to any royalties generated by Steam sales (if the game reappears on the platform).
The statement closes with a legal threat against Frogwares for his “aggressive and damaging comments,” so it seems unlikely that this argument will see a quiet resolution soon.
Update: Interestingly, a statement released by Frogwares about its removal by DMCA The sinking city seems to disagree with some of Nacon’s claims. Specifically, Nacon says the court has ordered Frogwares to comply with the desire to bring Nacon The sinking city return to Steam.
Meanwhile, in Frogwares’ statement: “We are aware that a final decision has not yet been made on whether Frogwares is required to deliver a version of Steam and it may take years. As it stands, we have an appeals court ruling that says, until further notice, that Frogwares does not need to deliver a Steam version to Nacon.