Developer Frogwares has lost a contract dispute.
The Sinking City has returned to digital storefronts after a lengthy contract dispute between developer Frogwares and publisher Nacon (aka BigBen Interactive).
Originally released in June 2019, The Sinking City was pulled from digital storefronts back in August 2020 after Frogwares filed a lawsuit against Nacon, alleging it was behind on milestone payments. The developer also alleged that Nacon delivered inconsistent data on the game’s performance and also demanded The Sinking City‘s source code. Frogwares also alleged that Naacon cancelled previously-approved milestones, essentially terminating any further profit the publisher would receive based on performance.
As part of the lawsuit, Frogwares demand the title be pulled from the Microsoft and PlayStation Stores, preventing Nacon from profiting from game sales. The title remained on the Nintendo eShop and PC storefronts like Origin as Frogwares itself controlled those marketplaces. The arrangement between the developer and publisher meant Nacon was able to sell the title where Frogwares could not, though Frogwares would retain IP rights.
Today, a French court decided in favour of Nacon.
“The Court ruled that Frogwares had terminated the contract in a ‘manifestly unlawful’ manner and, as a result, ordered, as a ‘precautionary measure, the continuation of the contract … until its term or until a decision is made on the breach of this contract and ordered Frogwares Ireland to refrain from any action on the breach of this contract and ordered Frogwares Ireland to refrain from any action that impedes this continuation …’,” a press release reads.
As such, Nacon is once again allowed to sell The Sinking City on the PlayStation and Microsoft storefronts.
Frogwares is no stranger to seeing its titles pulled from storefronts; in September 2019, it alleged that Focus Home Interactive was denying it revenue by delisting games including Sherlock Holmes Crimes and Punishments.
Decidedly Lovecraftian in tone, we reviewed The Sinking City here.
This article may contain affiliate links, meaning we could earn a small commission if you click-through and make a purchase. Stevivor is an independent outlet and our journalism is in no way influenced by any advertiser or commercial initiative.
