The lawsuit against Aspyr, initiated by gamer Malachi Mickelonis, reached a resolution earlier this month, concluding a two-and-a-half year legal saga centered around alleged false advertising regarding downloadable content (DLC) tied to the Nintendo Switch port of “Knights of the Old Republic II” (KOTOR 2). Mickelonis sued Aspyr after the company failed to deliver on promises made in a YouTube trailer that hinted at the inclusion of DLC based on the Restored Content Mod.
The legal battle, which began in the summer of 2023, was marked by a series of bizarre developments. Aspyr’s initial defense claimed that the cancellation of the DLC was mitigated when they offered a free game as compensation, a stance that did not hold sway in court. The studio’s representatives further argued that the DLC teaser’s placement at the end of the trailer meant it likely went unnoticed by many viewers. Disputing this, Aspyr’s lawyers pointed to industry expert testimony that declared the promised DLC as having “no economic value,” since it was based on fan-made content available for free.
As the case unfolded, attorney Ray Kim, representing Mickelonis, employed unusual tactics, invoking hip-hop lyrics from Lil Wayne to make his point in court filings. Tensions escalated with claims from Kim alleging that one of Aspyr’s attorneys appeared to be “possessed by a demon” during a heated conversation. This colorful exchange highlighted the contentious atmosphere surrounding the case, as the two sides exchanged legal filings filled with sharp rhetoric.
Despite the complexity and drama, the case was ultimately simplified to focus on fewer than 20 gamers involved in the suit against Aspyr. A settlement was reached, putting an end to the court battles which had featured odd claims and theatrical confrontations from both sides.
In a parallel development, a second lawsuit involving the gamers and Disney, which stemmed from the blocking of the Restored Content mod, was also settled out of court. This resolution not only underscores the ongoing legal intricacies surrounding video game content but also reflects a shift in how companies navigate consumer expectations and the management of fan-made content in an evolving digital landscape.
The conclusion of the lawsuits offers a sense of closure for those affected, showcasing a reminder of the importance of clear communication in the gaming industry and the audience’s role in holding developers accountable for their promises.