Following an allegation of piracy complained of by The sinking city developer Frogwares, Nacon slammed the developer with a statement arguing that Frogwares’ lack of cooperation in getting the game on Steam caused a clause in his contract that allowed the publisher to create an alternative version of modify and present the game on the platform.
It’s the latest in an increasingly confusing back and forth between the two companies, around The sinking city and an ongoing dispute over the publication agreement between Nacon and Frogwares.
Earlier in the conflict, The sinking city was removed from the sale due to differences of opinion, but as of this year, Nacon has been given the green light to re – offer the game on various platforms, including Steam. This is where things get particularly messy.
Frogwares tweeted a PSA shortly after the game reappeared on Steam, warning players not to buy what it later called an illegal version of the game. Nacon, in a statement shared to Steam, then argued that the version he published was “official and complete”, despite Frogwares’ allegations. As a result, Frogwares released a 9-minute video explaining how the Steam version of The sinking city was actually a modified version of the game distributed on GamesPlanet, accusing Nacon of essentially selling a pirate version of the game.
“In accordance with the decision of the courts, Nacon has repeatedly and unsuccessfully requested that Frogwares make the game available on Steam, failing to apply a clause in the contract in which such a case would be amended by a third party, “explains Nacon.
This is the justification given in today’s statement for what Frogwares calls piracy: Nacon, along with one of its subsidiaries, adapted a different version of the game for Steam following Frogwares’ alleged refusal to cooperate.
Last night, however, Frogwares was able to remove the game from Steam via a DMCA removal. Now Nacon claims that he only has the modified version of The sinking city because of Frogwares’ refusal to provide him with the Steam version of the game, is something Nacon ordered according to a court in Paris during the ongoing legal dispute.
“In the past, Frogwares has improperly relied on allegations of non-payment for refusing to deliver the game on Steam, whereupon they attempted to terminate the contract unsuccessfully,” Nacon’s statement said. “The Paris Court of Appeals considered this action ‘manifestly illegal’; it ordered the continuation of the contract and encouraged Frogwares to refrain from ‘any action which would impede such continuation’.”
Nacon describes Frogwares’ actions as deliberate sabotage against attempts to recover its investment in the game’s development, which Nacon said was more than 10 million euros. It claims that Frogwares refuses to provide 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 also confirms that it has exclusive distribution rights for The sinking city on Steam and against Frogwares’ earlier accusations by saying the developer is and still is entitled to all royalties generated by Steam sales (should the game appear on the platform again).
The statement concludes with a loose legal threat against Frogwares due to ‘his aggressive and detrimental comments’, which makes it seem unlikely.
Update: Interestingly, a statement published by Frogwares on the removal of DMCA The sinking city appears to contradict some of the allegations Nacon made. Specifically, Nacon says the court ordered Frogwares to comply with Nacon’s desire to bring The sinking city back to Steam.
Meanwhile, in Frogwares’ statement: “We are aware that a final decision on whether Frogwares is obligated to deliver a Steam version has not yet been made and that it could take years. As it stands now, we have an appeals court ruling that says Frogwares will not have to deliver a Steam version to Nacon until further notice. ‘