Publisher Aspyr Media has claimed that the cancelled KotOR 2 Nintendo Switch DLC at the center of a class-action lawsuit was down to a third-party objection.
The Switch port’s announcement trailer, which was published a couple of weeks ahead of its June 2022 release and is viewable below, stated that the Restored Content DLC was “coming soon”, and Aspyr subsequently said it would arrive in the third quarter of 2022.
However, in June 2023, Aspyr announced that plans to release the DLC had been cancelled. As compensation, it offered customers who bought the game the chance to download one of seven other games free of charge, including KOTOR 2 on Steam.
Now, Axios reports that Aspyr co-CEO Ted Saloch said, “Aspyr believed it would be able to release the content, but a third party objected and Aspyr was unable to do so.”
Aspyr has also moved to have a class-action lawsuit dismissed, both last month and this month. A hearing on Aspyr’s motion to dismiss the case is set for the end of the month.
“Despite their failure to release KOTOR’s Restored Content DLC, Defendants refused to give refunds to purchasers of KOTOR,” reads a class action lawsuit filed in July by Malachi Mickelonis “individually and on behalf of all others similarly situated”, which was spotted by The Gamer.
“Plaintiff felt completely duped and was upset because he had relied on Defendants’ representations that the Restored Content DLC would be released for KOTOR,” it reads. “In fact, Plaintiff did not even play KOTOR after purchasing it, instead choosing to wait until the Restored Content DLC was released. But Defendants never did.
“Plaintiff would potentially be interested in purchasing other games with Restored Content DLC from Defendants’ in the future if they have the advertised content, are not deceptively advertised, and accordingly priced at fair market value without being artificially inflated due to the deceptive advertising.”
The plaintiff is seeking a trial by jury, an order awarding attorneys’ fees and costs, and further relief “including, but not limited to, the remedy of disgorgement”. The defendants have until October 4 to respond to the lawsuit.