Back in August, we reported on the sudden disappearance of The Sinking City from various digital storefronts as part of a legal dispute between Frogwares (who developed the game) and publisher Nacon. In a press release yesterday, Nacon is reporting that the game will be returning to the Microsoft Store for the immediate future.
According to Nacon, The Paris Court of Appeals ordered the game’s return to the storefronts which Frogwares had removed it from in a decision on October 28.
The press release states, “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 (…)’.”
Nacon seems to be marking this as a victory for the consumer, stating, “Nacon is continuing its action in defense of its rights and has proceeded with the execution of this court decision by asking platforms and sites to put The Sinking City game back online so that no one is held hostage to this situation. It is however specified that insofar as some of the game’s online stakes depend on the goodwill of Frogwares to perform, their absence cannot be attributed to Nacon.”
The case is still ongoing, and a final decision in the matter has not been reached. We’ve reached out to Frogwares for comment and will update the story should we receive a response.
Food For Thought
It’s curious that this particular news is only being released now, despite the order to return the game being made over two months ago. It’s also curious that Frogwares wasn’t immediately denouncing the decision, or at least expressing their dissatisfaction.