KOTOR 2 Lawsuit Settled, Featuring Demonic Accusations and Lil Wayne Lyrics

A peculiar legal dispute centered around the game KOTOR 2 has recently been resolved. This case, initiated by a disgruntled fan over unfulfilled promises of downloadable content for the Nintendo Switch version, culminated in an agreement between the game publisher, Aspyr, and the plaintiffs. The resolution brings an end to a protracted legal battle that spanned over two and a half years.

The lawsuit began in late summer 2023 when gamer Malachi Mickelonis accused Aspyr of consumer deception. He felt misled after Aspyr announced in a YouTube trailer that a DLC based on the Restored Content Mod would be available for the Switch in Q3 2022, but it never materialized and was eventually canceled. This prompted the legal action.

The proceedings quickly took an unusual turn. Aspyr's legal team initially sought to have the case dismissed, arguing for sanctions against Mickelonis's attorney, Ray Kim, and demanding their legal fees be covered. Kim, a former corporate lawyer, responded to this by notably quoting Lil Wayne's lyrics in a court filing: "Okay, you're a goon, but what's a goon to a Goblin?? Nothing. Nothing. You ain't scaring nothing." He clarified in the filing that Aspyr and its counsel were the "goons," while he and his client were the "goblins," emphasizing their unwavering resolve.

Throughout the legal skirmishes, Kim and Aspyr's lawyers engaged in heated exchanges. In one instance, Kim alleged that an Aspyr legal representative, attorney Keith Scully, began yelling at his client "as if possessed by a demon." Scully, from the firm Newman, later explained in an email that he had raised his voice to guide the conversation back to a productive discussion. Meanwhile, Aspyr put forth several defenses. An early argument that offering free games as compensation for the unreleased DLC nullified the false advertising claim was rejected by the judge. They also contended that the DLC tease, being at the end of a YouTube trailer, was unlikely to have been widely seen due to viewers often skipping early in videos.

Further complexities arose in April of this year. Aspyr requested the redaction of certain documents, specifically email exchanges between Aspyr and Lucasfilm. These documents, according to Aspyr, contained a crucial trade secret: the identities of key individuals at Lucasfilm necessary for gaining access to their intellectual property. Aspyr argued that building these relationships took "years, sometimes decades" and that revealing them would cause "lasting business harm." The court granted these redactions, acknowledging the sensitive nature of these corporate connections.

The long-running dispute finally concluded when the judge decided that the case, which had shrunk from a class-action lawsuit to a smaller claim involving fewer than 20 gamers, should proceed to trial. This decision prompted settlement negotiations between Mickelonis and Aspyr. Concurrently, a separate lawsuit involving Disney, which had become entangled in the legal proceedings due to their role in blocking the use of the Restored Content mod in the DLC, was also settled outside of court.