After an accusation of piracy, it passed The sinking city developer Frogwares, Nacon fired back at the developer with a statement claiming that Frogwares’ lack of cooperation to get the game to Steam triggered a clause in his contract that would allow the publisher to change an alternate version of the game on the platform and host.
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 publishing agreement between Nacon and Frogwares.
Earlier in the conflict, The sinking city was pulled from sale due to the disagreement, but starting this year, Nacon got the green light to re-offer the game on various platforms, including Steam. That’s where things get particularly messy.
Frogwares tweeted a PSA shortly after the game re-appeared on Steam, warning players not to buy what it later called an illegal version of the game. Nacon, in a statement shared with Steam, then claimed that the version it published was “official and complete” despite Frogwares’ claims. That led to Frogwares releasing a 9-minute video outlining how the Steam version of The sinking city was actually a modified version of the game distributed on GamesPlanet, accusing Nacon of essentially selling an illegal version of the game.
In accordance with the court’s decision, Nacon has repeatedly and unsuccessfully requested that Frogwares make the game available on Steam, failing which it would enforce a clause in the contract that such a case would require the game to be modified by a third party, Nacon explains.
Here’s the justification given in today’s statement for what Frogwares calls piracy: Nacon partnered with one of its subsidiaries to adapt a different version of the game for Steam after Frogwares’ alleged refusal to cooperate. .
However, last night, Frogwares managed to remove the game from Steam via a DMCA removal. Now Nacon claims it only published that modified version of The sinking city Due to Frogwares’ refusal to give it the Steam version of the game, something was ordered by a court in Paris during the ongoing legal dispute, according to Nacon.
“In the past, Frogwares falsely relied on allegations of a lack of payment to refuse delivery of the game on Steam, at which point they tried to terminate the contract in vain,” explains Nacon’s statement. “The Paris Court of Appeal ruled that this action was ‘manifestly illegal’; it ordered the continuation of the contract and encouraged Frogwares to refrain from ‘any action that would hinder such continuation.'”
Nacon describes Frogwares’ actions as deliberate sabotage against his attempts to recoup his investment in the game’s development, according to Nacon the funding amounts to more than $ 10 million. It states that Frogwares is refusing to hand over a Steam-ready copy of The sinking city allowed it to look for other ways to get the game on the platform.
In addition, it reaffirms that it has exclusive distribution rights for The sinking city on Steam and addresses Frogwares’ previous allegations by saying the developer was entitled and still entitled to any royalties generated from Steam sales (should the game re-appear on the platform).
The statement concludes with a loose legal threat against Frogwares for “ his aggressive and biased comments, ” making it unlikely that this argument will produce a calm solution anytime soon.
Updating: Interestingly, a statement has been published by Frogwares regarding the DMCA removal of The sinking city seems to contradict some of Nacon’s claims. In particular, Nacon says the court ordered Frogwares to comply with Nacon’s wish to kill The sinking city back to Steam.
Meanwhile, in Frogwares’ statement: “We are aware that a final ruling on whether Frogwares is required to provide a Steam version has not yet been made and could take years. As it stands, we have an appeal court ruling that Frogwares does not need to supply a Steam version to Nacon until further notice. “