Opening Arguments Subnautica Part 2 - It Does Not Go Well for Idiot Krafton CEO
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Mar 30, 2026 Janessa Seymour, legal analyst and video game contract expert, breaks down Fortis v. Krafton and the Subnautica 2 fight. She walks through the judge’s blunt rejection of Krafton’s post-hoc defenses. Short, sharp takes on specific performance, mend-the-hold, data-download claims, and why the court reinstated the CEO and extended deadlines.
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When Control Over A Creative Asset Warrants Immediate Relief
- Specific performance can be granted quickly when loss of control over a unique asset would cause irreparable harm to a company's value.
- The judge expedited the reinstatement request because Subnautica 2's release timing made loss of control economically irreplaceable.
Avoid Reactive Data Grabs During Corporate Crises
- Avoid taking defensive unilateral actions like bulk downloading proprietary files without clear malicious intent; courts weigh motive heavily for for-cause terminations.
- The judge found downloads wrongful but motivated by a defensive fear of being locked out, not looting the company.
You Can't Invent Termination Grounds After The Fact
- Employers cannot invent new grounds for termination in litigation if they knew of the conduct earlier; preexisting knowledge can waive new defenses.
- The judge applied the mend the hold and after-acquired evidence doctrines to reject post hoc rationales.