Sapkowski "could try" is a wrong statement if the law explicit says that he is entitled to.
I said "could try", because he can use article 44 in court to support his case. However, it's up to a judge to decide what's what. Before that happens nothing is really decided. Judge has to agree with Sapkowsky that he should be given a renumeration first, then he has to decide what is a "suitable amount".
A Judge has to base his decision upon the law and if the article 44 supports Sapkowski's case then the Judge has to use this as the basis of the decision. It is up to the other party to disprove or cast doubts, that the article is applicable in this case, but to my reading there is no possibility to do it, since it is very explicit:
In the event of a gross disproportion between the remuneration of the creator and the benefits of the purchaser of proprietary copyrights or the licensee, the creator may request an appropriate increase in remuneration by the court.
This means that Sapkowsky would have to prove before the court that the Witcher series became such a success (although we're realistically talking about TW3 here) because of Sapkowsky's work (which, in this case, amounts to pretty much giving CDPR the license) and not through CDPR's work. But up to the point of suing CDPR Sapkowsky did manage to sabotage himself very well: he refused to give his input on the games (despite being asked by CDPR), he publicly denigrated the video game versions made by CDPR and the effect they had on his books, he admitted he thought he was taking a better deal by taking a fixed sum (which at the time everybody thought was a fair deal), etc.
So, yeah, this isn't just about Sapkowsky simply showing CDPR's pile of money and asking for a cut. This is about Sapkowsky and his lawyers actually having to do some work and prove he deserves more than he agreed to back then, which he himself made all that much harder.
No he doesn't have to prove that his work was responsible for the success of the computer games. It is sufficient that his work is used as the basis in the witcher games, because you can never prove that it was exactly a persons work that made the success and not others involvement.
Btw. Sapkowski has the right to dislike the computer games medium as a storytelling device. And him telling that he didn't played the games are having none interest of playing the games is not infringing the rights to his work and to any work that is derived from his work.
But they didn't, because they were sure to win a court case based on their understanding of contract laws and made the stupid decision to publish the letter from the Sapkowski's lawyers against their demand. After CDPR's lawyers have checked with the law and the probable reaching out the court by Sapkowski's Layers they knew that they will pay.
That's your story? Really? And you call me retarded...
No i do not call you retarded, but you are slowly getting there, by such statements. I called your arguments retarded and that is quite a difference. A retard makes retarded arguments, but not every retarded argument is the work of a retard, because we all can be mislead to a false line of thinking.
Arguments are disproven or shown that there are counter arguments with equal validity and you have done neither the former nore the later.
Strengthening my line of argumentation is the fact, that in similar manner CDPR has acted months before the events with Sapkowski where they revealed a extortion attempt to publish art from CDPR CP2077. But a letter from lawyers is not an illegal extortion attempt, even if it may seem so for some personas. Therefore their acting was hasty and didn't counted into consideration the polish law. CDPR answered even with a greater hostility than Sapkowski has acted, by the act of displaying Sapkowski as extortionist and not like a person that is entitled by the law to this cause of actions. Sapkowski couldn't bring them before the court in Poland for reputational damage based upon the truth, but in many western countries, like in Germany he could.
CDPR could have made a PR stunt of of it if they would have published: That due to the recent great accomplishment of their company and they gratefulness towards Sapkowski they honor him by paying him additional a greatfull sum, so that his grandchildren will live a secure live. This could have been made with giving him the check and some hugging and praising his works and lot of cameras. How do you think the public would have reacted to this? CDPR would be in every mouth alone for this and they would have been the good guys.
They pretty much said it already in the beginning: "It is the Company’s will to maintain good relations with authors of works which have inspired CD PROJEKT RED’s own creations. Consequently, the Board will go to great lengths to ensure amicable resolution of this dispute;". It amounts to pretty much the same as what you're suggesting. The wording is slightly different, but the meaning is, more or less, the same: "We are willing to resolve Sapkowsky's poverty issue, although we don't owe him anything. That's how good we are".
That could have been, but it is now a missed oportunity. Instead of good PR it has lead to out-of-court settlement, which means due to the prior actions of CDPR: We would have lost before a court. And now nobody will believe that they love Sapkowski and that they are the good guys, because there is no handshaking, hugs, pies, mutual praises and etc.
CDPR's attitude towards Sapkowsky was always very clean, no matter what he had said about them or their games, and that's exactly because they are a company oriented on making money, meaning they can't afford to fling shit while riding a high horse, like Sapkowsky did. That's also why all the big companies are always using such alien PR-speak. It's safer for them that way.
According to my knowledge he never stated something, like: their witcher games are shit and they are worthless trash. He dislike the computer games medium as a whole and that it. Also he never accused them of betraying him, instead he blamed himself for his stupidity. But he also has not known about the article, since then he would have used it before and wouldn't had complained.
Sapkowski is Sapkowski and he is a Pole and polish people are sometimes annoying, sometimes assholes and very inconvenient, awkward, unpleasant and they need to stir things up, but on the other hand that are their best attributes to save them and others. Because many suffering is brought forward due to conformity and obedience.
Maybe after they release the KCD2, well one can dream.
? Clearly you haven't.
