Nacon has responded to developer Frogwares' accusations from earlier this week that the company hacked and pirated The Sinking City in order to sell the game on Steam in the midst of an already ongoing legal battle between the two companies.
In a 'right of reply' statement, Nacon (formerly known as Bigben Interactive) said "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."
The statement noted that the company had "repeatedly and unsuccessfully requested" that Frogwares make the game available on Steam as per the ruling of the Paris Court of Appeal and referred to a clause it claims was in the contract that would allow the game to be "adapted by a third party" in the event of their refusal. The publisher also accuses Frogwares of attempting to put the game on Steam without informing or mentioning Nacon as the publisher "in violation of our rights."
Nacon's statement continues: "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 closes their statement by saying that they will reserve the right to take legal action against Frogwares for "its aggressive and prejudical comments" and that "Frogwares has been careful not to indicate that all court decisions in the dispute between Nacon and Frogwares have thus far been favourable to Nacon."