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Opening Arguments

Subnautica Part 2 - It Does Not Go Well for Idiot Krafton CEO

Opening Arguments

Opening Arguments Media LLC

Atheist, Law, Politics, News, Harvard, Supremecourt, Legal, Opinion, Liberal

4.33.7K Ratings

🗓️ 30 March 2026

⏱️ 61 minutes

🧾️ Download transcript

Summary

Part 2: How Subnautica 2 got its CEO back

Welcome back to the strange tale of video game publisher Krafton, the bonus they really didn’t want to pay to developer Unknown Worlds, and the contract dispute that delayed release of the much-anticipated game Subnautica 2. In part 1, we learned the back story behind the tense relationships, and the terms of the contract. Here in part 2, Jenessa walks us through the absolute bench-slap from a judge who has had it up to here with Krafton’s transparent attempts to breach the contract now and justify it later. Come for the drama, stay for the rules of contract law.

Fortis v Krafton, C.A. No. 2025-0805-LWW (Del. Ch. 2026).

https://courts.delaware.gov/Opinions/Download.aspx?id=392880

Fortis Advisors. https://www.fortisrep.com

Chalk, A. (2026). PUBG maker Krafton is an AI defense company now, signs deal with Korean aerospace firm that includes investment of up to $1 billion aiming 'to expand the physical AI ecosystem'. PC Gamer. https://www.pcgamer.com/software/ai/pubg-maker-krafton-is-an-ai-defense-company-now-signs-deal-with-korean-aerospace-firm-that-includes-investment-of-up-to-usd1-billion-aiming-to-expand-the-physical-ai-ecosystem/

Winslow, L. (2025). Subnautica 2 devs claim there’s no GenAI in game after publisher’s “AI first” shift. Gamespot. https://www.gamespot.com/articles/subnautica-2-devs-claim-theres-no-genai-in-game-after-publishers-ai-first-shift/1100-6535799/

Transcript

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0:00.0

If you're able to afford to put up the fight, the law can be reasonable.

0:07.0

The main key is so effing impossible to get there.

0:14.0

They did not loot the company to enrich themselves, steal data to form a competing venture,

0:23.7

or sell secrets to arrival.

0:25.7

That's the kind of thing the judge would have looked for.

0:29.3

And it's not there.

0:39.6

Hello and welcome to opening arguments.

0:46.6

You know, I'm not going to venture an episode number just because I'm not entirely 100% on when this will go out for everybody.

0:48.3

For patrons, they're getting this like right away.

0:51.3

But this is part two in the subnotica.

0:53.8

I'm going to forget all the names of all the stuff, Kraftin. Let's see what else we got. Unknown worlds. Unknown worlds. Too many names. We got a couple of human names, but those are the corporate names. Oh, Fortis. Fortis. Still so weird about that. I wonder if we're going to find out more about that story. But still very bizarre. But I can't wait. We got part two. I'm Thomas out over there's Janessa, video game expert apparently. Video game law expert. How you doing? I'm doing pretty good. I'm getting excited for maybe getting to play this game sometime soon. Oh yeah. I mean, and this is, forgive me. I'm, like I said, I'm a specific gamer. This is a huge game, right? I mean, I've heard of it, the subnotica, the first one. Lots of people will have played this game, right?

1:32.8

Yeah, yeah, absolutely. And so I imagine the sequel, I mean, are people kind of dying for it sort of thing? Definitely if you go on the subnotica Reddit, people are, got a lot of feelings about it.

1:47.2

I don't know that that's a great metric.

1:52.3

I have definitely seen this lawsuit blowing up on a lot of Kotaku PC gamer.

1:54.3

They're all posting about it. I've seen it in some mainstream places, too, just as a big corporate contracts dispute.

1:59.9

I just meant in terms of the game popularity.

2:01.6

Like, it is a popular game, right?

2:03.3

Oh, yeah, for sure.

2:04.5

Yeah, yeah, yeah, absolutely. Yeah, that's what I was trying to get at. Yeah. It's just funny because I, you know, like I said, I've played video games, but the ones I haven't played, I just do. I'm so ignorant on. And so, but I've heard of this, and I know people loved the first one.

2:18.0

And so I have to imagine a lot of people are very curious about this lawsuit. And so today, well, I guess I don't know if we're finding out where it ends or anything, because I don't know what the status of this is. But we're going to find out the rest of the story so far, I suppose. Yeah, most of the rest of the story. Yeah.

2:35.6

Oh, all right.

2:38.2

Well, why don't we go to our usual break, which you can avoid at patreon.com slash law.

...

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