• Hey, guest user. Hope you're enjoying NeoGAF! Have you considered registering for an account? Come join us and add your take to the daily discourse.
  • The Politics forum has been nuked. Please do not bring political discussion to the rest of the site, or you will be removed. Thanks.

How Nacon, The Publisher of The Sinking City, Cracked and Pirated The Game

KyoShiRo330

Member
Jan 21, 2018
2,884
11,397
955
31
Bordeaux, France
Update #1: Find the response of Nacon at the end of this post, thx to PuffyCan PuffyCan for the link !
Update #2: Statement by Frogwares added


Nacon decided to steal and pirate the game and they did so while leaving giant digital footprints.



This is a crazy story, get the popcorn

Video resuming all the thing:



Transcription of the article on frogwares.com

Since the release of The Sinking City on the 27th of June 2019, Frogwares has encountered continual problems with its licensee, Nacon. This post/video will look into a particular aspect of the game’s contract and the findings that we, Frogwares, have made.

Steam is one of the listed platforms of commercialization in the contract between Frogwares and Nacon. But since the release of the game, Nacon’s unlawful actions have forced Frogwares to defend its property and react in front of the French Justice for lack of payments, attempts to steal our IPs, etc which we made a public letter about back in August 2020.

Since then Nacon has tried to force Frogwares to deliver a new master version of the game through the use of their lawyers. The French Justice refused Nacon’s demands twice, first in July 2020 and then in October 2020 during an appeal. The final decision on whether Frogwares is obligated to deliver the Steam version that Nacon is demanding is still set to be judged in trial court in the next months or even years.

So on February 26th 2021 to our great surprise, we found a new version of The Sinking City was uploaded to Steam and launched. But Frogwares didn’t deliver such a version. And this is not the first time something like this has happened. Alain Falc, Nacon owner and CEO warned us on December 28th 2020 in writing that“ You have 48 hours to upload a new Steam master otherwise we will use all solutions available within the law and the contract”. 48 hours later, Nacon purchased a version of The Sinking City through the site Gamesplanet and uploaded it to Steam like it is a Steam version. So immediately after his ultimatum expired, Nacon broke the law and breached the contract. We informed Steam of this and prevented the game from being released because it was obvious that it was a stolen version of the game.

So today, we discovered yet another unknown version of our game and what we found is that Nacon; a publicly listed company in Paris, valued at around 700 millions euros, https://www.boursorama.com/cours/1rPNACON/ is yet again behind it. This is now Nacon’s 3rd public attempt to publish a pirated PC version of our game with a previous attempt being made via Utomik in February 2020 and the attempted upload in December 2020.

Nacon under the management of its president Alain Falc asked some of their employees, who we even identified, to crack, hack and pirate our game, change its content in order to commercialize it under their own name, and this is how they did it.

How Nacon modified the game files​

When launching the game version that Nacon released on Steam versus our version specifically prepared for Gamesplanet, you can see the following differences:
  1. The Nacon Logo has now replaced the Gamesplanet logo; an official Frogwares licensee.
  2. The loading screen is different; once again the Gamesplanet logo is removed.
  3. When on the main menu
  4. the advertisement for Sherlock Holmes Chapter One is not present on the lower left screen,
  5. the mention of the distribution platform on the lower right screen is also absent.
  6. the “more games” menu option is not present.
We took a look at the data that the Steam version made available for sale on February 26th, and noted that :
  • The folder names and structure is identical to any of Frogwares versions (Gamesplanet; EA origins, Etc…
  • The executable has a similar name but is of a different size than any of our own versions implying modification of the file.
  • The packages are 17Gb, this size corresponds to the versions created around summer 2020 when we switched to a new compressing method to reduce the game size for download purposes. Before this date the only available PC version – on the Epic Game Store – was around 30Gb in size.
In order to make changes Nacon had only one way: to decompile or hack the game using a secret key created by Frogwares since the totality of the game’s content is archived with an Epic Unreal Engine encryption system.

To be clear this is hacking and when hacking has the purpose to steal a product and make money with it, it’s called piracy or counterfeiting. In order to achieve this goal, programmers with serious skills need to be involved. This is not DIY work by inexperienced people, this is done by programmers who know Unreal engine well.

The first step of Nacon was to obtain the key of encryption, then go through the config files and modify them (by the way, we are aware how they got their hands on the encryption key, and we are going to submit our findings to the court). Also add or change some files and then recompile the game like nothing happened and release it.

After decrypting the archive, Nacon had access to the config files, the game files and the game executable.

What we did is that we downloaded the Steam version that Nacon commercialized, and we used our own encryption key on the archive and it worked. The hackers didn’t even care to use a different encryption key than the one we created when recompiling.

We therefore opened the packages and we identified immediately in the config files the version that was stolen and hacked: it is a commercial version coming from the site Gamesplanet that was purchased by Nacon like any other player.

The config file shows the origin of the game that was hacked:



In order to add their logo to the game and pretend its their property, Nacon went to the config file and identified the file that contains Gameplanet logo :




Nacon simply took their own file and named it exactly like the Gamesplanet logo file (GamesPlanet_logo_video):



Instead of the original file:



And there we have our first change. So it looks like a Nacon game.

Next, the loading screen is different from the original version on Gamesplanet.

This is the loading menu file featuring Gamesplanet logo (third from left)




Same trick, Nacon deleted the original and replaced it with another one where Gamesplanet logo is removed (GamesPlanet_UI_MM_splash_screen)




Now if we go to the main menu; we see three differences:

The is the original version:



This is the Nacon version:



Both the advertisement for Sherlock Holmes Chapter One on the lower left and the “play more” menu option are not present. Nacon also removed the platform watermark “This version of The Sinking City is for exclusive distribution for Gamesplanet”.
While this watermark is specific to the Gamesplanet version, all of our versions since summer 2020 contain a specific watermark that appears in the lower right corner of the main menu.

Nacon did one other notable change here; our game executable on Gamesplanet checks the internet connection; and it was important to remove the internet connection for Nacon and here’s why:

The “play more” option leads to dynamic content with links toward external servers. This dynamic content is also used to check and verify what version is used, it is a non intrusive security measure, made specially for pirates and hackers.

In order to achieve the removal of this protection and checking system, Nacon modified both the game executable and the config files inside the packages.

We believe Nacon did this to hide the fraudulent exploitation of the game on Steam but also on other portals which they may be planning to send the game to. Nacon wants Frogwares or anyone, including the French Justice, to never know the true scope of their exploitation of the game.


Note, that in order to hack and pirate the executable Nacon needed even more complex tools than hacking the game package.

As you can see the size of the two executables is modified, as well, while our game executable features our digital signature. The executable from Nacon’s version doesn’t contain our signature, because they cannot be recompiled without our electronic signature that is unique.

You can see on the two first pictures the digital signature tab and the content of this tab, and note that the executable was signed on June 24 2020.



On this last picture, the digital signature tab disappeared while the executable name is the same TSCgames-Win64-Shipping.



This way Nacon “anonymised” the game master, making it impossible for the average person to know what was really inside and where it is coming from, but also to prevent any exploitation, lawful or not, to be tracked.

In addition:

Nacon pirated the “Deluxe” version of the game. This version features content that was developed after the original release of The Sinking City by Frogwares. Nacon didn’t pay for this content or even tried to discuss it with us. Nacon is therefore stealing additional content of our game that is outside the contract we had with them.

And finally Nacon repacked the game after all these changes and uploaded it to Steam, albeit poorly. Their version deleted all the achievements we prepared, thus removing a key feature of the Steam community,

Nacon then requested keys from Steam to commercialize the game on platforms where Nacon doesn’t have any rights to commercialize the game in order to extend their market with a pirated and hacked version of the game and prevent Frogwares from getting any money from their property.



Let it be made extremely clear here, that we still fully trust Steam and Gamesplanet. We believe that the Gamesplanet version was purchased legally by Nacon through the Gamesplanet site and then hacked. Nacon then submitted this version to Steam who were in no way informed of the game’s pirated state. This version was then offered by Nacon to all the listed legitimate distribution sites without them being informed that this is a pirated version.

It was not the butler​

Now that we found out how they hacked the Frogwares game, we were also quite surprised to see who did it and who specifically uploaded the pirated version of the game for release. Luckily the Steam client shows credentials of the person working with the builds:



The account neopica_fh when clicking on it simply shows the name on the screenshot below: Filip Hautekeete



So we googled it and soon realised the name matches that of the Founder and Managing Director of Neopica, a Belgian studio behind titles such as Hunting Simulator 1 & 2, FIA Euro Truck Racing Championship and another 60 games.



Filip Hautekeete is the technical director of his studio, a programmer with more than 20 years of experience. His experience is exactly the one needed for someone working on compiling games on a daily basis. The last games of Neopica are using Unreal Engine, just like The Sinking City.

Neopica was acquired by Nacon in October 2020 after collaborating for several years:

“We are delighted to welcome the talents of Neopica, which will strengthen our development division and participate in new, even more ambitious projects”, said Alain Falc, Chairman and CEO of Nacon.

Hacking Frogwares intellectual property is probably one of those ambitious projects Alain Falc meant.

In conclusion

Nacon decided to steal and pirate our game and they did so while leaving giant digital footprints.

Nacon has proved they are willing to do anything possible to serve their interest, including illegal actions. They ignored the decision of the Justice and bypassed them, pirating The Sinking City in order to deceive their partners, Steam in the first place.

But what is the bigger picture now? What happens now that our contracting party stole our assets and can use them their own way without any limits?

There are long term damages we need to take care of, Nacon unpacked our data, stole our source code and used it. Nacon can create a new version of The Sinking City using our assets; they can resell, reuse, recycle our content and our tools etc.

We have to take the measure of what happened now and follow the best path on the legal side to prevent anything like this happening again.

The owner of Nacon, Alain Falc will have to face the legal consequences of the decision of pirating and stealing Frogwares property. Incidentally, Intellectual property laws in France are rather serious and can lead to up to 7 years in jail and 750000 euros of fines plus damages as the article 335-4 from Intellectual property code points out.

We have full trust in the Justice to see these actions considered as they should.


Response by Nacon:

RIGHT OF REPLY FOLLOWING ALLEGATIONS BY THE STUDIO FROGWARES

Frogwares published an article on March 1, 2021 accusing NACON of having "hacked" the game The Sinking City; NACON hereby wishes to restore some truths to these unwarranted accusations.
NACON is contractually the sole exclusive distributor of The Sinking City game on STEAM.
NACON has contributed to the financing of its development and the payment of royalties to FROGWARES to the tune of 8.9 million euros to date (including the full payment of the version of the game for STEAM), i.e. a total investment well over 10 million euros. euros including marketing costs.

Contrary to FROGWARES 'allegations, NACON paid all monies owed. Today, except in bad faith, FROGWARES has no reason not to make the game available to NACON on STEAM.

In the past, FROGWARES had unduly relied on the absence of payment to refuse the delivery of the game on STEAM and then tried in vain to terminate the contract, which the Paris Court of Appeal deemed "manifestly unlawful" in ordering the continuation of the contract and by ordering FROGWARES to refrain "from any act preventing this continuation". Although this decision is enforceable, NACON repeatedly and unsuccessfully requested that FROGWARES make the game available on STEAM, otherwise it would apply the clause of the contract allowing it in such a case to have the game adapted by a third party in order to be able to exploit it.
FROGWARES then attempted, unbeknownst to NACON and in violation of our rights, to put the game on STEAM without mentioning NACON as publisher.

This is therefore clear proof that there is no technical impossibility to put the game back on STEAM.
Faced with this blocking situation created exclusively by FROGWARES, NACON has decided to allow players to access the game on STEAM by expressly indicating the ownership of the rights of FROGWARES on the game. FROGWARES will also receive the royalties generated by STEAM sales.

By urging the gaming community via Twitter not to buy the game on STEAM, FROGWARES once again ruins our investments in this game.
NACON obviously regrets this conflict for which it is not responsible and which it has done everything to avoid . NACON further regrets that FROGWARES has requested the game's withdrawal from STEAM, depriving the gaming community of the unique experience that The Sinking City provides.

NACON reserves the right to take any legal action against the aggressive and damaging comments of FROGWARES, which is careful not to indicate that all court decisions relating to the dispute between NACON and FROGWARES have so far been in favor of NACON.



Update 2:

Frogwares defense line in the comment section of the article at Gamekult:

''The decision of the appellate court is very clear and Frogwares does not have to hand over a Steam master to Nacon.
The decision of the appellate court says in the 'For those reasons': "Reverses the order [of first instance of refere] * except in that it said there was no reason to refer on the request for condemnation to be delivered under The DRM Free and Steam formats are subject to the demand for the company Frogwares Ireland to be prohibited from continuing to operate the game on PC.

The first summary proceedings had dismissed Nacon of all its claims. Nacon therefore has the right to sell the game on Xbox one, PS4 and Steam, but Frogwares does not have to give them a Steam or DRM free master.
This decision did not satisfy Frogwares, so we appealed in cassation. Nacon did not do so appeals, they are therefore satisfied with this decision.

Frogwares proposed 3 times in writing to Nacon to find an agreement on the Steam distribution, in particular on the content and on the financial transparency.
3 times Nacon refused.
Nacon decided to do justice by themselves by hacking a lacquered version they has no rights into and contradicts the court decisions that she herself went to seek.

Nacon has now admitted the hacking, they obviously had no “right” to do so, nor do we have the “right” to break into someone else's home or break into third-party servers and steal documents.

The contract between Frogwares and Nacon is a license contract on specific platforms for a given time, not a transfer contract. Nacon has no ownership over the game, and has no rights to non-contracted versions.
Finally, Nacon did not pay 10 million for The Sinking City, but 4.7 and Frogwares paid 3 on its own. The difference is the royalties paid by… the players… and on 2 games…

Nacon takes the beautiful role of having “paid” but they simply collected our share and donated it to us, as provided for in the contracts. .

Finally, to correct an inaccuracy: the sentence “On the delivery of the missing formats: - order Frogwares Ireland to deliver the two masters of the game 'The Sinking city' on PC DRM Free and Steam format under penalty of 50,000 euros per day of delay from the 5th day following the e-mail notification of the decision to be taken, ”is a request from Nacon, this request is included in the deliberation of the Court of Appeal, as are the requests from Frogwares. However, this is not the judge's decision.''


 
Last edited:

whyman

Member
May 28, 2011
1,258
390
800
Stockholm
Wow!

That is some wild reading.

One thing is clear. As a gaming community we have the responsibility to never buy a Nacon game again. Those are scammers.
 
  • Like
Reactions: DigitalScars

PuffyCan

Member
Nov 19, 2011
74
79
645
Quebec
Found this response from NACON today Right of reply from NACON following Frogwares' allegations (nacongaming.com):

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 on STEAM.

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 continuation”.

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.
Doesn`t seems like a black/white situation, would love to see those court decisions if it`s true. Still scummy of them to pirate the game lol
 

aries_71

Junior Member
Aug 26, 2007
923
935
1,195
50
Didn't these guys (Frogware) had a similar problem some time ago with another publisher with their Sherlock Holmes game?

Hmmm... twice in a row.
 

Guilty_AI

Member
Apr 12, 2020
3,634
6,590
680
Wouldn't grab the pitchforks just yet, not the first time Frogwares has problem with its publisher (which does make you wonder). Don't like the way they worded this letter either - lots of well poisoning - though it could just be an emotional response.

In the end it all comes down to whether the Contract between Frogwares and Nacon was followed by both parties, don't think we know enough for that besides one's word against the other.
 

Noncanon Ship

Member
Dec 11, 2020
255
440
400
So I think the gist of it is this:

Frogwares: we believe you are holding out on us the money that we are owed and are expecting.

Nacon: we are not. Here are the statements of the deductions we've made against your portion of the profits.

Frogwares: we don't believe you. Unless you justify the deductions you've made or pay the missing amounts, we assert that you've breached our contract.

Nacon: we were never required to show you supporting documents relating to the sale of the game. Our contract only requires us to send statements. You just have to believe what we tell you, according to our contractual obligations.

Frogwares: we don't believe you. You breached contract. We are pulling the game down from stores so you can't profit since our contract says that if you breach contract, all rights to the sales revert to us.

Nacon: no, you breached contract by pulling down the game from stores that we are legally entitled to sell on per our contract. You're violating our right to sell your game. Give us a version to sell on Steam or we will take any means necessary to fulfil our right to do so.

Frogwares: nope

Nacon: ok we purchased the game, decrypted it with your encryption key [most likely insider information? corporate espionage?], and put it up for sale on Steam because we have a right to sell the base game.

Frogwares: no, you breached the contract so this is piracy of our game. You are also selling DLC you weren't even contractually entitled to.

Steam:

Jake Gyllenhaal Goodbye GIF by MOODMAN
 
Last edited:

johntown

Banned
Dec 27, 2010
3,761
2,366
945
East Coast
The court sided with Nacon so I am inclined to believe their story over Frogwares. Who cares how they got the game and what they did to it. They have a legal right to it period.
 

Noncanon Ship

Member
Dec 11, 2020
255
440
400
The court sided with Nacon so I am inclined to believe their story over Frogwares. Who cares how they got the game and what they did to it. They have a legal right to it period.
No the court case is still ongoing as far as I can see. What's under discussion are the results of summary proceedings. According to French law:
"Summary Proceedings: The claimant may apply to obtain preliminary relief in cases of urgency or where the facts cannot seriously be disputed. The defendant will be notified of the action in the same way as ordinary proceedings and be required to appear, but his absence will not affect the validity of the subsequent ruling"

So basically, a judge in summary proceedings can't make a ruling on anything where the facts are in dispute. They can only settle some matters where there is agreement between the parties on the facts based on what the law says. And the purpose of this is to provide some financial interim relief to companies rather than keeping them completely in limbo while contractual disputes wind through the courts.

I don't understand. Frogwares got paid to deliver a steam version of the game. Why didn't they do it?

That is Nacon's claim that they were paid. Frogwares disputes this and claims that multiple invoices weren't paid. They also claim that Nacon withheld their royalty payments after Frogwares refused to give them the code of the game, despite the contract saying that Frogwares retains ownership and Nacon only has publishing rights (like a licensee). They wanted the code so they could reuse it for other games they were publishing. If this is the case, it's a way for a publisher to put financial pressure on a small dev to force them to give up their intellectual property. Basically, 'we're not legally entitled to this, but if you don't give it to us we'll make you go bankrupt'.
 

johntown

Banned
Dec 27, 2010
3,761
2,366
945
East Coast
No the court case is still ongoing as far as I can see. What's under discussion are the results of summary proceedings. According to French law:
"Summary Proceedings: The claimant may apply to obtain preliminary relief in cases of urgency or where the facts cannot seriously be disputed. The defendant will be notified of the action in the same way as ordinary proceedings and be required to appear, but his absence will not affect the validity of the subsequent ruling"

So basically, a judge in summary proceedings can't make a ruling on anything where the facts are in dispute. They can only settle some matters where there is agreement between the parties on the facts based on what the law says. And the purpose of this is to provide some financial interim relief to companies rather than keeping them completely in limbo while contractual disputes wind through the courts.
I told you in the last thread I am not going to argue over contract law. If Frogwares wins in court then they will have evidence to back up their claims but if they don't then Nacon must be in the right according to the law. It does not matter how people feel or what they think is right. The law is the law. Contracts are legally binding and if Frogwares broke the contract all of this other stuff is irrelevant.

The Internet jumps to conclusions too fast especially on things like this just because one side is very vocal. If the case is still ongoing then right now neither side is right and we have to wait for the courts to determine who is.
 

Noncanon Ship

Member
Dec 11, 2020
255
440
400
I told you in the last thread I am not going to argue over contract law. If Frogwares wins in court then they will have evidence to back up their claims but if they don't then Nacon must be in the right according to the law. It does not matter how people feel or what they think is right. The law is the law. Contracts are legally binding and if Frogwares broke the contract all of this other stuff is irrelevant.

The Internet jumps to conclusions too fast especially on things like this just because one side is very vocal. If the case is still ongoing then right now neither side is right and we have to wait for the courts to determine who is.

I don't remember you saying anything to me about that in the other thread. Maybe you have the wrong person?

I was just responding to you saying that the court sided with Nacon and that Nacon "have a legal right to it period'. As you said now, it's ongoing. I'm not really sure who is in the right. It could be that Frogwares is unduly paranoid that they aren't getting their fair share. It could be that Frogwares was really dumb about their letter of termination and because they didn't put in it the claims about lack of payments, unlicensed board games, etc., they will be the ones found at fault - I've got no idea how French law works.

All I know is that I'm biased toward Frogwares because:
(1) I like their games and don't want them going bankrupt
(2) Nacon removed Frogwares' logo from the game cases and so it does seem to back up Frogwares' claims that Nacon was passing off Frogwares' IP as their own. I really dislike that they removed Frogwares' logo from their own damn work.
(3) I dislike how Nacon said they put "thousands of hours of work" into the game. Yeah right. You didn't make it - you're just financing it and selling it.
(4) I think it's really suspicious to deny Frogwares the ability to look at the sales documents and instead insist that the "auditing" clause in the contract only legally entitles them to see statements. As in, "just trust me, I'm telling you this is what you're owed." It would easily clear up a lot of conflict to just show them (e.g. "here, Sony transmitted payment on x date rather than before then. So you see, we paid you as soon as we got paid.")

It rubs me the wrong way. But as of now, we don't know who is legally in the right. But morally, I'm inclined to side with Frogwares. But if Frogwares actually cares what a bunch of people on the internet like me think is more important than what judges think, they're not taking it seriously enough.
 

johntown

Banned
Dec 27, 2010
3,761
2,366
945
East Coast
I don't remember you saying anything to me about that in the other thread. Maybe you have the wrong person?

I was just responding to you saying that the court sided with Nacon and that Nacon "have a legal right to it period'. As you said now, it's ongoing. I'm not really sure who is in the right. It could be that Frogwares is unduly paranoid that they aren't getting their fair share. It could be that Frogwares was really dumb about their letter of termination and because they didn't put in it the claims about lack of payments, unlicensed board games, etc., they will be the ones found at fault - I've got no idea how French law works.

All I know is that I'm biased toward Frogwares because:
(1) I like their games and don't want them going bankrupt
(2) Nacon removed Frogwares' logo from the game cases and so it does seem to back up Frogwares' claims that Nacon was passing off Frogwares' IP as their own. I really dislike that they removed Frogwares' logo from their own damn work.
(3) I dislike how Nacon said they put "thousands of hours of work" into the game. Yeah right. You didn't make it - you're just financing it and selling it.
(4) I think it's really suspicious to deny Frogwares the ability to look at the sales documents and instead insist that the "auditing" clause in the contract only legally entitles them to see statements. As in, "just trust me, I'm telling you this is what you're owed." It would easily clear up a lot of conflict to just show them (e.g. "here, Sony transmitted payment on x date rather than before then. So you see, we paid you as soon as we got paid.")

It rubs me the wrong way. But as of now, we don't know who is legally in the right. But morally, I'm inclined to side with Frogwares. But if Frogwares actually cares what a bunch of people on the internet like me think is more important than what judges think, they're not taking it seriously enough.
Now we are getting somewhere! I understand your point of view.

I am biased against them because they did the EGS exclusivity. I understand why they did it but I don't like it and consider them part of the problem. If Frogwares wins it means nothing to me. If Nacon wins it means nothing to me. I already got the game while it was on steam and that is really all I care about.
 

KyoShiRo330

Member
Jan 21, 2018
2,884
11,397
955
31
Bordeaux, France
Ok so Frogwares as responded again, on the comment section of the article in a French video games website called Gamekult:



Traduction (I'm not sure about certain legal terms so feel free to correct me if needed):

The decision of the appellate court is very clear and Frogwares does not have to hand over a Steam master to Nacon.
The decision of the appellate court says in the 'For those reasons': "Reverses the order [of first instance of refere] * except in that it said there was no reason to refer on the request for condemnation to be delivered under The DRM Free and Steam formats are subject to the demand for the company Frogwares Ireland to be prohibited from continuing to operate the game on PC.

The first summary proceedings had dismissed Nacon of all its claims. Nacon therefore has the right to sell the game on Xbox one, PS4 and Steam, but Frogwares does not have to give them a Steam or DRM free master.
This decision did not satisfy Frogwares, so we appealed in cassation. Nacon did not do so appeals, they are therefore satisfied with this decision.

Frogwares proposed 3 times in writing to Nacon to find an agreement on the Steam distribution, in particular on the content and on the financial transparency.
3 times Nacon refused.
Nacon decided to do justice by themselves by hacking a lacquered version they has no rights into and contradicts the court decisions that she herself went to seek.

Nacon has now admitted the hacking, they obviously had no “right” to do so, nor do we have the “right” to break into someone else's home or break into third-party servers and steal documents.

The contract between Frogwares and Nacon is a license contract on specific platforms for a given time, not a transfer contract. Nacon has no ownership over the game, and has no rights to non-contracted versions.
Finally, Nacon did not pay 10 million for The Sinking City, but 4.7 and Frogwares paid 3 on its own. The difference is the royalties paid by… the players… and on 2 games…

Nacon takes the beautiful role of having “paid” but they simply collected our share and donated it to us, as provided for in the contracts. .

Finally, to correct an inaccuracy: the sentence “On the delivery of the missing formats: - order Frogwares Ireland to deliver the two masters of the game 'The Sinking city' on PC DRM Free and Steam format under penalty of 50,000 euros per day of delay from the 5th day following the e-mail notification of the decision to be taken, ”is a request from Nacon, this request is included in the deliberation of the Court of Appeal, as are the requests from Frogwares. However, this is not the judge's decision.


 
Last edited:
  • Like
Reactions: Noncanon Ship

Noncanon Ship

Member
Dec 11, 2020
255
440
400
Now we are getting somewhere! I understand your point of view.

I am biased against them because they did the EGS exclusivity. I understand why they did it but I don't like it and consider them part of the problem. If Frogwares wins it means nothing to me. If Nacon wins it means nothing to me. I already got the game while it was on steam and that is really all I care about.

God I hate timed exclusivity deals. They're such a middle finger to fans. I've seen quite a lot of people say the same as you on the Steam forums but I'm not entirely sure who is responsible for the EGS exclusivity. The contract gave Nacon the right to distribute the game on Steam, EGS, PS4, and XB1. In fact, one of their contract disputes is a deliverable that states "April 25, 2019: final PC version for release on Steam and other stores". Frogwares says they interpreted "other stores" to mean the platforms mentioned elsewhere in the contract as PS4 and XB1. Nacon disputes that and says it gives them the right to distribute it on any PC platform they want, not just Steam.

You could say Frogwares is partly responsible because they signed a contract giving Nacon the right to distribute on Epic. They could have refused to sign a contract that gave them that right. But ultimately, Nacon was the licensee with the right to distribute on Epic. It was their decision to do so. Since they had the distribution rights, they could sign the deals or choose not to, and Frogwares has no say in the terms of those deals. That's how I understand it. Nacon also has at least 5 other games apparently with Epic exclusivity deals.

EDIT: to clarify, what I mean by not being sure who is responsible is that I can't be certain that Frogwares wasn't perfectly fine with the exclusivity deal. They could've been happy with it and encouraged it. But legally, I don't think Nacon had to take their opinion into consideration since they had the distribution rights for EGS and Steam.
 
Last edited:
  • Thoughtful
Reactions: johntown

Danknugz

Member
Dec 7, 2020
74
48
170
Bumping an old thread, but isn’t is common knowledge on how to extract an encryption key from any ue4 game with the right publicly available tools?
 
Last edited: