Axiom Verge the famous Metroidvania by developer Tom Happ, will be released on Wii U this year. That's the good news. The bad news is that the distributor of the game Limited Run Games and its CEO Dan Adelman have said that their publisher BadLand Games still owes them about a quarter of a million dollars.
In the announcement of the physical Wii U version of the game, this will happen Limited Run, which was offered for sale later this month, said that BadLand owes $ 78,000 for physical copies of the game it had never delivered. Thereafter, Adelman said that BadLand has not paid Tom Happ an amount that he believes is around $ 200,000 – including the money that should go into a special fund to pay for medical treatment for Happ's toddler.
"Badland has literally stolen money from a disabled baby," said Adelman earlier in a series of tweets . According to Adelman, he and Happ had been approached by several companies interested in a physical version of Axiom Verge for various platforms. They eventually opted for BadLand because of the offer's unique conditions.
"Adoption of a payment plan would invalidate our lawsuit and give BadLand a chance not to pay"
Other publishers offered in relation to the Rev. share, saying they would pay 75% of their cuts contribute a trust fund set up for Alastair Happ's ongoing medical expenses, "wrote Adelman on Twitter. Alastair Happ suffers from a rare neurological condition called Kernicterus, for which most of the treatments are experimental and uninsured . Years later, after physical versions of the game were released for PlayStation 4, PS Vita and Switch, Adelman says there's still a lack of money.
Neither Adelman, Happ nor Badland were immediately available to reply to a commentary request.  According to Adelmans tweets, the Spanish-based BadLand was originally scheduled to release physical versions of the game in Europe and North America. Later, the company came back and asked Happ to provide the money needed to make copies for North America. Adelman said this was a signal to Adelman that something was wrong. "At that point, we still believed that BadLand operated in good faith – they had little money," he said. "We were still planning to divide the proceeds back to the original terms."
Happ and Adelman organized the distribution of physical copies in North America, with retailer Happ paying his share directly. However, Adelman said that Happ has never received its share for the versions sold in Europe. In the meantime, a Wii U version to be produced by BadLand has never been realized.
As described in a detailed report by GamesIndustry.biz, boutique distributor Limited Run Games has ordered 6,000 copies of the Wii U edition of Axiom Verge which included a soundtrack, an artbook, and other extras, for the BadLand in early 2017 $ 78,000 was paid. It was planned to sell them through his website in the fall, but the specimens had not turned up. At the beginning of 2018, Limited Run Games filed a request for repayment. It has won the lawsuit but has not received any payment yet. Although BadLand was temporarily closed due to cash issues in 2018, Limited Run CEO Josh Fairhurst told GamesIndustry.biz that he believes the company has paid the money.
since we sent them our money, some of them in recent months, "said Fairhurst to GamesIndustry.biz. "By knowing the minimum platform requirements and associated costs, I know that BadLand has spent at least $ 100,000 on recently released physical product versions. So they had more than enough money to repay us, but they were happy to keep our money. "
According to Luis Quintans, CEO of BadLand, the money will eventually be repaid, but it will take time. "In short, this [judgment] says we have to pay for Limited Run, which we want to do from the beginning," Quintans told GamesIndustry.biz. "But for this limited run, you have to talk to us and remember that it's not possible to settle all payments at the same time."
Fairhurst said on Twitter that now Limited Run is running BadLand sued and won, such a deal can not exist. "Accepting a payment plan would invalidate our lawsuit and give BadLand the opportunity not to pay," he wrote.
Limited Run will release the Multiverse Edition of Axiom Verge for Wii U on March 29, directly with Happ and Adelman. According to Adelman, they are also prosecuting Badland for the $ 200,000 the publisher owes them, but "the international nature of the lawsuit" makes it "hard to make progress".
"It's frustrating to see @. BadLand_Publish tweets about new games they publish, no doubt with the money they owe to LRG and Tom Happ, "wrote Adelman.