Namco Bandai wins Witcher 2 suit against CD Projekt

Polish RPG developer must provide Namco Bandai with publishing agreement in next 15 days or suffer compounding fines.

Earlier this year, Namco Bandai sued The Witcher 2 creator CD Projekt in a dispute involving the European publishing rights for its fantasy role-playing game. In the suit, Namco Bandai claimed its rights to publish the Witcher 2 in the region superseded those that CD Projekt had later given to THQ for the Xbox 360 version of the game. Now, a court has agreed.

Namco Bandai fought for the right to distribute The Witcher 2 in Europe.

Edge reports that a French court has ruled CD Projekt must present Namco Bandai with a publishing agreement within the next 15 days or face a €15,000 ($20,000) fine per day following noncompliance. The report also cites Polish news outlet Parkiet with a quote from CD Projekt CEO Marcin Iwinski saying he was "not satisfied" with the judge's order but was happy to have the issue settled.

The Witcher 2 developer must now back out of its publishing agreement with THQ for the Xbox 360 version of the game in Europe. The THQ deal included distribution in Western Europe, Australia, New Zealand, and the Middle East.

Namco Bandai's complaint surrounding CD Projekt's offering of the game without DRM through Good Old Games was not addressed in this report. The Witcher 2 for the Xbox 360 is slated for release in the first quarter of 2012, with Warner Bros. Interactive Entertainment publishing in North America.

For more on the PC original, check out GameSpot's review of The Witcher 2.

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Discussion

111 comments
hithummah
hithummah

Namco Bandai wishes if they can make games with half of W2 quality, most of their games are after stupid anime with redundant controlling system. and they don't like to do PCs

krisk7
krisk7

Agreement with Namco signed on 30 Dec 2011 (the one forced by the French court - distribution of TW2 in Western Europe, Asia, Central and Southern America). THQ will be compensated for not being the distributor ($800,000). Generally good news so we are waiting for the XBOX360 version in Q1 2012.

Buck_Swaggler
Buck_Swaggler

I'd like to hear some good news about CD Projekt. God knows they deserve some.

PeterDuck
PeterDuck

Namco would like the game to be primarily played by gamers on a PC, the way it was MEANT to be played.

RapidFirE53211
RapidFirE53211

Bah now I feel bad that I didn't buy Witcher 2 full price....damn steam sales. It seems being a developer that cares about the experience of the gamers only brings trouble these day :/...

Black_Id_Jenova
Black_Id_Jenova

As much to say why NamcoBandai even bother with Another Game Publisher while they still had lots of successful game in their disposal, Really though, my ideas for NamcoBandai broad your horizon and make game for PC, that will make you filthy rich, i double dare ya!!

thenephariouson
thenephariouson

Dont worry CDP, just do what needs to be done, we're right behind you.

Enundr
Enundr

thank you namco , you have proven why i dont want your crap anymore. you just lost profit permanantly by doing this.

cjf187x
cjf187x

I'm getting it for 360, and am proud to say Namco will not be getting anything from me. Thanks Warner Bros.

RedEyedMonster8
RedEyedMonster8

Witcher 2 is one of the best RPGs of the year bar none. This pisses me off.

rosen22
rosen22

French courts are pretty much Kangaroo courts. Their justice system is a joke these days. i lived it in France for 4 years and experienced their law society first hand. bunch of Gentlemans clubs masons, who look after their own and nobody else. Sorry France

deathmaster1319
deathmaster1319

i didn't care for namco bandai much before but now they go all the way to practically steal money from another successful developer that's just LOW

TerraMantis
TerraMantis

I'd make a bet that namco bandi didn't give half a care until they saw how successful the game has become on the PC and then made a claim. And...what does a Japanese publisher and a Polish game developer have anything to do with a French court system? I don't know, but it definitely sounds like it is a set-up for a joke. Guess the joke was on CD Projectk RED, sadly.

wcw6
wcw6

Fug Namco. Finally a great developer comes along and offers great games with no DRM unlike the idiotic publishers who try to rip us off with almost every game and they get attacked by another idiotic, greedy, piece of sh*t publisher. Hope they choke and die with their own cash.

ad_rock
ad_rock

@fecakovacs Wow, seriously, you haven't hear of Namco or Bandai!? Does Pac-Man, Dragonball Z, Gundam, Godzilla, Power Rangers, Digimon, or Sailor Moon ring a bell?

Mar044
Mar044

added note, that amount is in euro, why should pay a currency that they have not constitutionally agreed to use, they are EU member poland but they dont use the EURO, 20 000 euro is huge its like 80 000 converted per day, the company wont be able to survive paying that conversion.................i will boycott bendai forever if they cause there demise.......i cant believe this, DRM DRm, a company should have the right to honor its fans..............this is bogus misjustice!!

Mar044
Mar044

wow,,pick on the polish developer to line your greedy pockets, i wish they had stayed with atari but with atari finacial issues its a shame. cd project is the only company i know that loved there fans that they provided all the DLC free, then added new game modes and added aren and lv free......and this is there reward

X-7
X-7

I would just get out of France. Pretty sure their courts mean crap everywhere else anyway.

Mkherkzen
Mkherkzen

I have Witcher 2 on PC and was planning to buy it on X360, but I won't if Scamco will be the publisher in my country - the prices they set for their games here are laughable.

metalkitten
metalkitten

well to be honest i dont know the exact story on it since they havent said in details but to me its just alot of major companies suing small or indie companies lately when they make huge success i really doubt bandai would have sued if witcher 2 sold like crap

Grovilis
Grovilis

Seriously? A game developer tries to do the respectable thing by not adding annoying DRM into their game only for them to be slapped in the face by both the publisher and their pirating consumers. I just hope that CD Projekt's spirits haven't dampened.

fecakovacs
fecakovacs

Honestly till now I have not heard of Namco Bandai. But from now on I will do anything to avoid making profit for them. The only exception is when I cannot buy my Witcher game from any other source.

peterfaj
peterfaj

I wipe my ass with legal battles.

Soothsayer42
Soothsayer42

Sue here.. Sue there... hehe.. soo many sueing this year

Valen_Ca
Valen_Ca

"Namco Bandai's complaint surrounding CD Projekt's offering of the game without DRM through Good Old Games was not addressed in this report". At least they aren't being ordered to remove it from GOG, that would have sucked.

Spartan1017
Spartan1017

This is seriously stupid. They didn't back out of the contract. The contract was for the PC version of the game, not the 360. The problem is that the contract was not specific enough in stating what platform it concerned.

darckdeth
darckdeth

after reading through comments alot of people don't understand how the law works namco is actually in the right here people. cant just back out of a contract even when it suits you sorry you just can't.

azumabob
azumabob

CD Projekt tried to steal back the rights to publish the game that they had already sold to Namco Bandai! What a bunch of crooks!

y3ivan
y3ivan

good lord. CD P lost potential sales due to pirates and now a lawsuit. Double wammy

FGMPR
FGMPR

Scamco at it again.

pszone
pszone

Rocker6 @ Well they said in the ps3 interview on the disc and have proof . Stop moaning you getting it on the xbox360 and plus CD P should realse the consles visions same time as the pc vision to get more money from CD P. But know they dont how to make more money just think of it. Anyways Im glad coming to the xbox360 for there fans maybe CD p should done it the first place .

Jedilink109
Jedilink109

I just got Witcher 2 today. YES it's without any DRM and NO you can't have it! Go buy it yourself and support your favorite game developers!!! Besides for today they'll have it on super sale. Down to 24 bucks. AND it comes with a free copy of Witcher 1 as well...

Twin-Blade
Twin-Blade

"Namco Bandai's complaint surrounding CD Projekt's offering of the game without DRM through Good Old Games was not addressed in this report." NAMCO BANDAI MUST BURN!

NoodleFighter
NoodleFighter

Sometimes I feel it's the publishers that run the game industry and the developers are just their little slaves that they can boss around.

blu-raygamer
blu-raygamer

you should follow me on gamespot guys I'm pretty awesome

blu-raygamer
blu-raygamer

nice photoshop bro. You should do graphic design at univesity when you get out of year 8 lmao

WolfGrey
WolfGrey

Speaking Namco Bandai is the reason Dark Souls online was broken for so long(and still is), im not happy with that.

blu-raygamer
blu-raygamer

@ kazor again, learn to read. " There is nothing a console can do better than a PC." derp son. typical console gamer IQ right there

Kazor
Kazor

So you say PC's are superior, yet you also say that there's nothing console's can't do better. Wow. You're so upset over being pwnd that you can't even think straight. Then again, you were obviously not that bright to begin with, so maybe that's all it is. After all, you did just prove me right by responding so angrily to my opinion of you. Thank you for your cooperation. Lowest regards, Kazor P.S.: You should really stop inviting people to your level. Nobody wants to join you down there, so you might as well just give up.

jhcho2
jhcho2

Everyone making judgements based on the fact that they like Witcher 2, and not because they know anything about rights or contractual agreements.

laowaigeez
laowaigeez

@CarlosY2Jericho: "So a court decides what's ethically right, and people are hating Namco for it? Why, exactly?" If you'd said "legally" and not "ethically" you may have had a good point.

blu-raygamer
blu-raygamer

@ Kazor do you have problems reading? I don't care what you think. I'm stating that PCs are far superior to consoles. This is a fact, not an opinion. There is nothing a console can do better than a PC. Get on my level

moonlightwolf01
moonlightwolf01

As much as I dislike Namco Bandai for this they did have a point, they funded and organised most of the marketing for the PC version of the game it was pretty naive of CD Projekt to think they could just switch publisher for the 360 version without doing a deal with Namco Bandai. Obviously Namco are scum for targeting a small developer, but CD Projekt could have handled this a lot better.

Kazor
Kazor

@blu-raygamer: A lion may not care what a sheep thinks, but you're obviously pretty obsessed with what we think (hence your desperate posturing.) Grow up little girl.