Namco Bandai Sues Witcher 2 Studio

Andy Chalk

One Flag, One Fleet, One Cat
Nov 12, 2002
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Namco Bandai Sues Witcher 2 Studio


Namco Bandai has launched a lawsuit against Witcher 2 [http://www.amazon.com/Witcher-2-Assassins-Kings-Pc/dp/B003VJNPPE/ref=sr_1_1?ie=UTF8&qid=1310148862&sr=8-1] developer CD Projekt Red over European publishing rights - and because the studio removed the DRM from the game without its permission.

The distribution deal for the hit RPG The Witcher 2 is a bit of a complicated thing. Namco Bandai handled European publishing chores for the PC version of the game but THQ recently announced that it will take care of the Xbox 360 version of the game in Europe when it comes out later this year. Atari is publishing the 360 version in North America; Atari Europe, to confuse things a bit further with not-really-relevant trivia, was recently acquired by Namco Bandai.

Long story short is that Namco isn't happy with the situation, apparently believing that it should have had first dibs on the game, and has thus filed a lawsuit against CD Projekt Red parent company Optimus SA. It'll probably all come out in the wash once some money gets spread around, and the ins and outs of publishing deals aren't all that terribly interesting either, but what I do find interesting is the part of the lawsuit claiming that CD Projekt Red broke its contract with Namco by removing the DRM from the PC version of Witcher 2 without its say-so.

CD Projekt, in case you've forgotten, released a patch that removed all DRM [http://www.escapistmagazine.com/news/view/110422-Witcher-2-Patch-Fixes-Bugs-Removes-DRM] from the game just over a week after it came out, saying it had served its purpose in preventing pre-launch leaks and was thus no longer needed. It's impossible to say how, or even if, that move impacted sales of the game, but while it was a great PR move for the studio, Namco Bandai is apparently not too pleased about it.

CD Projekt Red CEO Adam Kicinski expressed confidence that his company would ultimately prevail in a court case and even seemed remarkably sanguine about Namco's decision to withhold roughly $1.75 million in payments because of the dispute.

"Our liquidity situation is very good. Therefore, the lack of a few million does not have any leverage on current activities. Withholding of payments means only that for some time, our partner will have to give us the money with interest," he told Polish site CD-Action [Google translated [http://translate.google.com/translate?js=n&prev=_t&hl=en&ie=UTF-8&layout=2&eotf=1&sl=pl&tl=en&u=http%3A%2F%2Fwww.cdaction.pl%2Fnews%2F20514]]. "I hope that the whole thing will end pre-litigation settlement. If [not], however, I am convinced we will win the case and then the loser will pay for our lawyers."

"Then the loser will pay for our lawyers." It's like the 21st century version of hearing the lamentations of their women. I think I like it.

via: Giant Bomb [http://www.giantbomb.com/news/namco-bandai-files-suit-against-the-witcher-2-developer-cd-projekt-red/3460/]


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Dr_Horrible

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Oct 24, 2010
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Yes, because a lack of DRM is totally bad -_-

I really hope that CD Projekt wins this one, since they are pretty cool guys for not believing in DRM, and being pretty cool guys in general. After all, they run GoG.

Edit: off-topic spoiler'd
Wow, first post on an article for once in my life :)
 

Mark D. Stroyer

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Apr 12, 2011
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That...is the best comment on litigation I have ever heard.

Cool confidence is great to hear sometimes.
 

Pilkingtube

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Mar 24, 2010
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Namco Bandai: Grr, we're mad that you won't let us sell your game on other platforms/screw over customers with DRM, the best way to convince you to settle our lawsuit is to hold millions of your money from you from sales that we've made.. of your game.

Jesus, talk about a dick move. :/
 
Feb 13, 2008
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Andy Chalk said:
"Then the loser will pay for our lawyers." It's like the 21st century version of hearing the lamentations of their women. I think I like it.
Now they just need it so that when CD Projekt win against Namco Bandai, they release a card showing Bandai in a compromising position with their 'fees' out.
 

Uber Evil

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Mar 4, 2009
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CD Projekt are awesome. Namco Bandai are stupid. This sums up my thoughts on this issue.
 

mireko

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Sep 23, 2010
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On one hand, I hate CDPR for making The Witcher 1. On the other hand, I hate DRM and how Namco Bandai has been treating Tales in this part of the world.

Oh well. You win some, you lose some.
 

gring

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Sep 14, 2010
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Pilkingtube said:
Namco Bandai: Grr, we're mad that you won't let us sell your game on other platforms/screw over customers with DRM, the best way to convince you to settle our lawsuit is to hold millions of your money from you from sales that we've made.. of your game.

Jesus, talk about a dick move. :/
It's not a dick move, it's just corporate business. /thumbs up

...okay, it's a dick move.
 

Prof. Monkeypox

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Mar 17, 2010
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I'm sure they'll win. DRM is just annoying, and I hope this will set a precedent for less use in the future. Probably not, though, it's only tangentially related.
 

Rad Party God

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Feb 23, 2010
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So... Namco Bandai is mad at CD-Projekt because their game doesn't have enough (anything at all) DRM, and that's affecting them because...

I'm totally on CD-Projekt's side on this one, screw Namco Bandai. Also, I love GoG =)
 

koroem

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Jul 12, 2010
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Other studios and publishers should take example from CD Projekt. They are fighting a battle for the fans and the games against the evil that is DRM.

Good for them. They realize it only hurts paying customers in the end. Namco Bandi, shame on you.
 

Gildan Bladeborn

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The_root_of_all_evil said:
Andy Chalk said:
"Then the loser will pay for our lawyers." It's like the 21st century version of hearing the lamentations of their women. I think I like it.
Now they just need it so that when CD Projekt win against Namco Bandai, they release a card showing Bandai in a compromising position with their 'fees' out.
Bwah ha ha... wait, how would you actually represent that? Besides which, CD Projekt RED didn't put sex cards in The Witcher 2, they put actual sex in instead... oh crap what have I done BAD MENTAL IMAGE.

Curse your bones Root!

Sober Thal said:
A little over half of a million sales in 7 weeks is a hit?

I thought it would have sold a lot more based off the amount of praise gamers gave it.

http://gamrreview.vgchartz.com/sales/39247/the-witcher-2-assassins-of-kings/
It probably did - the problem with most of the "game sales" metrics services is that they are only tracking sales of boxed retail copies, and the PC market has a fairly large and significant digital distribution segment that goes entirely unreported by those services; The Witcher 2 in particular is a title where you really need to see those digital sales figures considering a major selling point was that Good Old Games was releasing a DRM-free version at launch.

And from what I've heard, the site you linked to is notoriously inaccurate at tracking retail figures (unlike say... NPD, which is generally fairly accurate in that arena) while also completely ignoring all digital sales.
 

Acidwell

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Jun 13, 2009
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I am sick to death with the suing. It's a disease that has infected far too many people and it should be stopped. All it does is make things worse, suing is the worst thing you can possibly do since it lowers you to the level of a money seeking ass.
 

Sartan0

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Apr 5, 2010
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Sober Thal said:
A little over half of a million sales in 7 weeks is a hit?

I thought it would have sold a lot more based off the amount of praise gamers gave it.

http://gamrreview.vgchartz.com/sales/39247/the-witcher-2-assassins-of-kings/
Does that include digital sales? I looked around on their site for a bit but could not find an answer right off.

Edit- did a bit of digging and the answer is basically 'no' but they are working on it.

http://gamrconnect.vgchartz.com/thread.php?id=126001

So I bet you dimes to donuts that the sales figures are higher. I myself got my digital copy directly from GoG's.
 

samsonguy920

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Mar 24, 2009
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Andy Chalk said:
"I hope that the whole thing will end pre-litigation settlement. If [not], however, I am convinced we will win the case and then the loser will pay for our lawyers."

"Then the loser will pay for our lawyers." It's like the 21st century version of hearing the lamentations of their women. I think I like it.
You can all go home now, folks. CD Projekt Red CEO Adam Kicinski just won at life. Seriously, that kind of confidence tears down mountains. Chuck Norris shed a proud tear on this day.
 

The Lugz

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Apr 23, 2011
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actually i have mixed feelings about this, i support cd project for producing great games, but they did also publicly insult the drm and blame it for many issues at game launch
which may have negatively impacted on future contracts, one things for sure suing people will definitely impact negatively on their future contracts :)

win or loose, namco gets a bad rep now gg

samsonguy920 said:
Chuck Norris shed a proud tear on this day.
except chuck Norris does not cry, water just wants to be in contact with him that much.
 

Sartan0

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Apr 5, 2010
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Ah OT: Namco Bandai's common practice of withholding money to force a good settlement is not going to work here as CD-Projekt has great cash flow from it's sister company GoG's and the sales from other regions. That is why they are not as troubled as some developers who can be put under a bunch of pressure by withholding the bulk of their cash flow. Not this time Namco!
 

9thRequiem

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Sep 21, 2010
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Had no interest in The Witcher, but "Then the loser will pay for our lawyers" kind of makes me want to buy it just to support they guy that said it. Partly because it makes "the loser" sound as if it's directed at one guy.