I would think, and this is pure speculation on my part, that the actual contract between the two would have something covering that. And if it doesn't then someone is stupid for not putting it in there. I don't believe that as the distributor of a game (read; middle man), and not the developer, they would have those rights to choose. In the end, the way CDPR has it set up is that as the person who bought the game, you have the right to do with it as you please, which is best for the consumer. Anyone who would champion Namco Bandai in this is literally cutting off their nose to spite their face.
I can't believe anyone would think that CDPR is at fault when they have the best interests of everyone involved at heart. Namco Bandai reaps profit for distribution, DCPR benefits from greater sales, and the consumer gets a product they own. Also, how does the game not having DRM affect the publisher? It doesn't. This civil case is based on what exactly? There are no damages to speak of. No one's reputation is hurt by the lack of DRM, though Namco Bandai are hurting themselves now.
On a personal note, not that I have any games published by Namco Bandai, but in the future I will not be buying any of their releases.
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/
EDIT: I wonder how many digital copies were sold?
when it comes out on a single platform, especially the PC, then it is a hit by almost all accounts. PC gaming makes up a very minor percentage of the video game culture.