> I’m not a lawyer, but isn’t it reasonable to pull the plug as soon as the publisher had lost the contract termination lawsuit? Otherwise it seems like a loophole if the publisher can keep appealing indefinitely while getting (and withholding from game dev) all profits from the sales.
On the contrary, it sounds like the publisher had already given the develop several millions of dollars to develop the game. You can't just declare a contract void, keep the money, and tank the deal.
Frogwares was under a court order to fulfill their obligation.
IANAL, but it's worth pointing out that none of the court orders precluded a lawsuit for Frogwares to collect their fair share. But them violating their obligations in the mean time is probably bad faith and will land them in hot water.
> On the contrary, it sounds like the publisher had already given the develop several millions of dollars to develop the game. You can't just declare a contract void, keep the money, and tank the deal.
I’m not a lawyer, but I’m pretty sure about this: if you partially fulfil and also partially breach a contract, the end result is that you have breached it.
On the contrary, it sounds like the publisher had already given the develop several millions of dollars to develop the game. You can't just declare a contract void, keep the money, and tank the deal.
https://webcache.googleusercontent.com/search?q=cache:DwqXp6...
Frogwares was under a court order to fulfill their obligation.
IANAL, but it's worth pointing out that none of the court orders precluded a lawsuit for Frogwares to collect their fair share. But them violating their obligations in the mean time is probably bad faith and will land them in hot water.