Namco Bandai Files Suit Against The Witcher 2 Developer CD Projekt Red

From the last page, added bold numbers:

STATE that the sums sequestered to the sequestration according of the Order of Advocates of the bar of

Lyon and amounting to the sum of 1,025,000 Euros will be paid to CD PROJEKT RED, as soon as the latter has

respected the two previous injunctions, attempting, (1) on the one hand, to obtain the re-establishment of the geolocation by GOG.com and,

(2) on the other, to draw up the distribution contract for “THE WITCHER 2” game,

XBOX 360 version, subject to these two injunctions having been realised and having produced their respective

effect within the defined periods, of eight days and a fortnight respectively, failing which, the sequestered sums

will be returned to NAMCO BANDAI PARTNERS, without constituting an omission of the latter in its

contractual obligations resulting from the distribution contract of 8 September 2010

"Sequestration" is legal speak for (money/funds) 'being held', resevered. This actually means that those 1,025,000 would have to be released to CD Projekt Red (CDPR) on 2 conditions:

1. Reinstate the GOG.com geo-location thing
2. Distribution contract with Namco Bandai (NBP) for the Xbox 360 version (in Europe).

If CDPR would fail/refuse to comply within the specified time period funds would be go (back) to NBP instead.

About 'dropping the DRM', CDPR did not have to re-instate on the PC version (Witcher 2).

Most of the actual dispute and legal talk is about if by entering into a contract with THQ for the Xbox 360 version, CDPR 'went behind the back of NBP' (right of last/first refusal).

So what are the odds of Namco Bandai publishing Witcher 3.

God damn money grubbers, CD Projekt red makes an amazing game, and publishers sue them for distribution rights. Great way to push the industry forward!

Namco Bandai comes off as greedy and unethical, by witholding 1.75 million dollars, just because they feel they might get awy with it.

@Tennmuerti said:

Sorry for necroing this baby, but with some recent talks about Witcher 2 it seemed relevant. Any info on how this got resolved if it even did?

In short: Namco Bandai won the dispute, and the publishing rights for the Xbox 360 version in Europe.

Some references from everybody's favourite gaming related websites Kotaku and GameSpot.

For those really interested a copy (PDF) of the French court ruling d.d. December 6th 2011

@Tennmuerti said:

Sorry for necroing this baby, but with some recent talks about Witcher 2 it seemed relevant. Any info on how this got resolved if it even did?

In short: Namco Bandai won the dispute, and the publishing rights for the Xbox 360 version in Europe.

Some references from everybody's favourite gaming related websites Kotaku and GameSpot.

For those really interested a copy (PDF) of the French court ruling d.d. December 6th 2011

Sorry for necroing this baby, but with some recent talks about Witcher 2 it seemed relevant.
Any info on how this got resolved if it even did?

Screw Namco for wanting restrictive DRM that treats the paying customer like a criminal. CD ProjectRed has my full support.

Wow, really?

im twelve years old, so in my expert opinion namco bandai are assholes and stuff. I'm hungry for a sandwich.

Come on Namco Bandai pay them there money.

They REMOVED DRM? I think I will buy the 360 version. I already purchased the PC version but they deserve the money for that.

Hope this gets fixed soon as there seems to be a lot of heart & passion with CD Projekt Red, can't say the same for Namco Bandai.

ah man,this sucks.i see another trenched situation on the cards

Don't localise Tales games.
Sue companies for removing DRM.
 
What a great company!

So this should be solve by reading the contracts signed by namco bandai, if in there it says they have full distribution rights across all platforms they are right. If not they are wrong, simple right? I just want the game. hope this does not hold up the release.

Send the Witcher to ass-rape those Namco namby-pamby Bandai mother fuckers!

sigh...just put all this crap aside so I can finally play the game on a console PLEASE :(

"Namco Bandai is also arguing CD Projekt Red broke its contract with Namco Bandai by removing DRM from the PC version of the game without its permission."
 
Dear Namco Bandai, fuck you and fuck your DRM.
 
<3 CD Projekt

Jeez laweez; CDProjekt sure didn't handle their publisher relations work nicely here. This is mind-boggling how many publishers have a legit piece of the Witcher 2's pie. And Namco-Bandai...bought Atari Europe? I'm so confused. But I'm pretty sure that confusion will work to Namco's favor.   CD Projekt should've just worked with one publisher for both the 360 and PC rights. Worldwide too, if they could. I'm sure Namco-Bandai could've released it worldwide. They're clearly big enough, and have done worldwide distribution before. But this is just a big stupid mess, and it sounds like it's CD Projekt's fault for making so many awkward deals with publishers.

Wait
 
So Atari Europe is publishing the PC version in Europe but not in America, but the American console version is being ported by THQ, who owns Atari in America, but not in Europe, where it's owned by Namco Bandai.  This... doesn't seem as cut and dry as I would have thought.  That being said, the distribution deal for the PC version in Europe seems to have little to do with the distribution of the console version in America. I don't think CD Projekt Red would be so stupid as to not clearly lay out who gets to distribute what in their legal agreements.

Wait
 
So Atari Europe is publishing the PC version in Europe but not in America, but the American console version is being ported by THQ, who owns Atari in America, but not in Europe, where it's owned by Namco Bandai.
 
This... doesn't seem as cut and dry as I would have thought.
 
That being said, the distribution deal for the PC version in Europe seems to have little to do with the distribution of the console version in America. I don't think CD Projekt Red would be so stupid as to not clearly lay out who gets to distribute what in their legal agreements.

@Methodis: I don't think you are really contributing much to the discussion here.

@truckington: Thank you for being the only response to not just continue to make assumptions or pick sides based on emotion, as all the others have. What you said makes sense, and in that circumstance I can see how Namco's actions are pretty political. As much as I like CD Projekt, however, I will still withhold judgement on their moral correctness until I hear some confirming news.

Any hate over removed DRM is unjustified in my book.

Namco is doing the gaming public a favor by not letting people play this piece of shit game.

Jeez laweez; CDProjekt sure didn't handle their publisher relations work nicely here. This is mind-boggling how many publishers have a legit piece of the Witcher 2's pie. And Namco-Bandai...bought Atari Europe? I'm so confused. But I'm pretty sure that confusion will work to Namco's favor. 
 
CD Projekt should've just worked with one publisher for both the 360 and PC rights. Worldwide too, if they could. I'm sure Namco-Bandai could've released it worldwide. They're clearly big enough, and have done worldwide distribution before. But this is just a big stupid mess, and it sounds like it's CD Projekt's fault for making so many awkward deals with publishers.

That's shitty of namco, CD Projekt deserves to be paid for their game. It was fantastic.

At least it's still on track here in NA.

@VanTesla said:

Screw Namco Bandai, I hope they lose so bad that they have to pay CD Projekt Red for the court cost!!! This is what happens when you get a company that work with the fans like CD Projekt and douche bag people like Namco...

yes

"The Soul Calibur Publisher" is a really awkward thing to just toss in at the bottom. I think everyone on this site knows who Namco is.

@raikoh05 said:

Fuck you namco, u jelly cause they made a GOOD game. this bullshit has convinced me to buy witcher 2 at gog.com, they deserve all of my money.

ALL? What, as in every cent or penny you ever earn throughout your entire life?

@Vorbis said:

Maybe they should publish the Tales games instead.

One can only hope. But Namco Bandai is unfathomable.

Namco bandai can go fuck themselves, CDPR have always been on the gamers side even way back on Witcher 1 What the fans asked for they tried to give including removing the DRM for both games it's what makes them one of the top developers on PC IMO, i have both Witcher enchanced and Witcher 2 for PC both one of if not the best PC RPGs in years and i hope CDPR make many more great games whether they be part of the Witcher series or something different. 

Fuck you namco, u jelly cause they made a GOOD game. 
 
this bullshit has convinced me to buy witcher 2 at gog.com, they deserve all of my money.

Both sides of this are sounding pretty shady here. But I'll wait to hear more before I puke all over this thread.

They've erased DRM in the very first patch. Maybe it was a breach of contract, but fuck me, I hope every dev would play against the rules this way. It's not the first time, by the way, they did the same with the Enhanced Edition of the first one.

There's still the publishing stuff, but I'm willing to give these guys the benefit of the doubt, since they've been an honest bunch since always.

@FuzzYLemoN said:

Both the Soul Calibur publisher and THQ have not yet responded to requests for comment.

...What does Soul Calibur have to do with anything?

Both the Soul Calibur publisher and THQ have not yet responded to requests for comment.

@Prodstep said:

Namco Bandai are a bunch of dicks.

@creamypies said:

Fuck Namco Bandai!

How? Why? What if CD Projekt did break a contract with them? We don't know the facts and who's actually in the right so how can you pick a side before knowing what actually happened?

:(

There is only one thing I can think of in response to this after some searching around and careful reading...

Cry harder, Bandai.

I don't know who is in the right here (I doubt it's clear-cut either way) but the perspective that automatically assigns the blame to the larger (and/or less beloved) company in any conflict is incredibly fucking stupid.

Another example of a greedy publisher bullying a humble little developer. I hope CD Projekt remains unscathed by this. They're one of the few developers that still go the extra mile for their fanbase.

lolololol

Namco Bandai, please don't fuck me over.

I want The Witcher II on my 360 real bad. I live in Europe.

Please don't fuck me over.

Namco Bandai can go fuck themselves. They did absolutely nothing to promote the game and yet they cashed in massive profits. Fucking assholes feeding off the labor of others.

Always side with the developer. Not cool, Namco Bandai.

Well that is unfortunate.

In other news I can't wait until the game comes to PS3 (Unless it's an awful port, in which case I just won't buy it).

Kind of a dick move, bro.