statement from NACON
that the publisher pirated The Sinking City
to the game
on Steam, which led to Frogwares
getting a DMCA takedown
own game. NACON says it's the sole distributor of the game, that it has made all
the appropriate royalty payments to Frogwares, and that the developer is acting
in bad faith:
FROGWARES published an article on March 1st, 2021, accusing
NACON of having “pirated” the game The Sinking City; NACON hereby wishes to set
the record straight regarding these unjustified accusations.
NACON is contractually the sole exclusive distributor of The Sinking City game
NACON has contributed to the financing of development and the payment of
royalties to FROGWARES to the tune of 8.9 million euros to date (including the
full payment for a version of the game for STEAM), making the global investment
far above 10 million euros when integrating the marketing costs. Contrary to
FROGWARES’ allegations, NACON has paid all amounts due.
Today, unless FROGWARES is acting in bad faith, it has no reason not to make the
game available to NACON on STEAM.
In the past, FROGWARES has improperly relied on accusations regarding a lack of
payment to refuse delivery of the game on STEAM, at which point they tried to
unsuccessfully terminate the contract. The Paris Court of Appeal deemed this
action “manifestly unlawful”; ordering the continuation of the contract and
encouraging FROGWARES to refrain “from any action which would impede such
In line with the courts’ decision, NACON has repeatedly and unsuccessfully
requested that FROGWARES make the game available on STEAM, failing which it
would apply a clause in the contract wherein such a case, the game would be
adapted by a third party. FROGWARES then attempted, without the knowledge of
NACON and in violation of our rights, to make the game available on STEAM
without mentioning NACON in its capacity as the publisher. This is, therefore
clear proof that no technical impossibility prevents the game from being put
back on STEAM.
Despite this blocking situation created exclusively by FROGWARES, NACON has
allowed players to access the game on STEAM while still expressly indicating the
ownership of FROGWARES’ rights to the game. FROGWARES will also receive the
royalties generated by STEAM sales.
By encouraging the gaming community via Twitter not to buy the game on STEAM,
FROGWARES is once again sabotaging our investments in the game.
NACON obviously regrets this conflict, for which it is not responsible, and for
which it did everything possible to avoid.
NACON regrets all the more that FROGWARES has demanded the withdrawal of the
game from STEAM, thus depriving the gaming community of the unique experience
provided by The Sinking City.
NACON reserves the right to take legal action against FROGWARES for its
aggressive and prejudicial comments. FROGWARES has been careful not to indicate
that all court decisions in the dispute between NACON and FROGWARES have thus
far been favorable to NACON.