KOTOR 2 Switch False Advertisement Lawsuit Reveals Bizarre Legal Arguments

The Knights of the Old Republic 2 false advertisement lawsuit has reached a settlement, but not before revealing some eyebrow-raising details about the legal battle between developer Aspyr and fans who sued over cancelled DLC for the Switch port.

According to a report by Game File (via Eurogamer), the lawsuit centered around promised Restored Content DLC that was advertised for the Nintendo Switch version but ultimately scrapped before release. The controversy began when Aspyr released KOTOR 2 on Switch in June 2022, with promotional materials explicitly stating that fan-favorite restored content would arrive as downloadable content. However, by June 2023, the studio announced the DLC's cancellation, leaving many players feeling deceived.

The legal proceedings brought several interesting arguments to light. Aspyr's defense team suggested that the DLC announcement couldn't have reached a wide audience since it appeared at the end of a YouTube trailer. Their lawyers argued that many "YouTube viewers skip videos after the first five seconds," implying limited exposure to the promise. This reasoning attempted to minimize the scope of potential affected buyers.

Perhaps the most controversial claim came from expert testimony provided by Frank Gilson, a former Blizzard product manager brought in by Aspyr. Gilson argued that the restored content mod, which the cancelled DLC was based on, had "no economic value" whatsoever. His reasoning stemmed from the fact that the community-created modification was offered free of charge by fans. Therefore, according to this logic, cutting content derived from a free mod shouldn't constitute significant financial harm to consumers.

The original complaint filed in July 2023 represented California residents who purchased KOTOR 2 for Nintendo Switch within a four-year period. The plaintiff stated he felt completely duped by the advertising and never even played the game after purchase, choosing instead to wait for the promised restored content. As per the complaint, the plaintiff sought legal fees and demanded the companies stop selling KOTOR with allegedly deceptive advertising.

While Aspyr did offer affected pre-purchasers complimentary keys for other Star Wars titles or a Steam version of KOTOR 2, where the mod exists freely, the gesture apparently wasn't enough to prevent legal action. The case ultimately settled earlier this year, though specific settlement terms weren't disclosed.

Despite this messy chapter, KOTOR fans received better news at The Game Awards with the announcement of Fate of the Old Republic, featuring involvement from Casey Hudson, who worked on the original Knights of the Old Republic and the Mass Effect series.