Frogwares has released a statement regarding its recent falling out with publisher Bigben Interactive/Nacon. It’s also clarified that despite The Sinking City delistings on various platforms, the Nintendo Switch version will remain unaffected. This is because Frogwares self-published the game for Switch, outside of BigBen’s purview.
In its statement, Frogwares lays out a case for how the publisher breached their initial agreement. The contract outlined development milestones that the developer would need to hit. Upon reaching them, the publisher would pay out a certain amount, and upon release, Frogwares would also earn royalties for each copy sold. However, BBI/Nacon consistently paid late — on average by 40 days, according to the developer.
Later, the publisher told Frogwares to share its game source code with a developer fully owned by BBI/Nacon, which Frogwares deemed out of the question since the developer is the IP owner of The Sinking City. When the game finally launched, the publisher reneged on paying for agreed upon milestones and further said the developer “would not receive any profit from the sales of the game.”
This is when Frogwares took legal action. The situation only gets murkier and makes BBI/Nacon look worse, with its distributing an unauthorized pen-and-paper RPG of The Sinking City and taking several measures to make it appear it is the IP owner when it is not.
This dispute has resulted in The Sinking City delistings on some platforms, but Nintendo Switch isn’t one of them. The game will remain on the Nintendo Switch eShop.