Elden Ring Player's Lawsuit: A "Skill Issue" or Misleading Marketing?
An Elden Ring player, Nora Kisaragi, has filed a lawsuit against Bandai Namco and FromSoftware in Massachusetts small claims court. Kisaragi alleges that the developers deceptively concealed substantial game content by making the game excessively difficult, effectively hiding a "whole new game" within.
Kisaragi's 4Chan announcement claims Elden Ring and other FromSoftware titles contain hidden content intentionally obscured by their challenging gameplay. This contrasts with the common understanding that FromSoftware games are known for their difficult, yet fair, design. Even the recent Shadow of the Erdtree DLC, while challenging, hasn't been universally deemed unfair.
Kisaragi's argument rests on datamined content, interpreted not as cut content, but as intentionally hidden elements. However, the plaintiff admits to lacking concrete evidence, relying instead on perceived "constant hints" from developers, such as references in Sekiro's art book and statements by FromSoftware President Hidetaka Miyazaki. The core of the claim is that players paid for inaccessible content without knowledge of its existence.
The lawsuit's viability is questionable. While Massachusetts small claims court allows individuals over 18 to sue without an attorney, the case hinges on proving deceptive marketing under Consumer Protection Law. This requires substantial evidence of a "hidden dimension" and demonstrable consumer harm. The lack of concrete proof makes dismissal highly likely due to the speculative nature of the claim. Furthermore, even if successful, damages in small claims court are limited.
Despite the long odds, Kisaragi's stated goal is not financial compensation, but to force Bandai Namco to publicly acknowledge the alleged hidden content.
The gaming community largely views the lawsuit as absurd, noting that extensive datamining would likely have revealed such hidden content. The presence of unused assets in game code is common industry practice, often due to development constraints, not intentional concealment. This lawsuit highlights the unusual intersection of gaming culture and legal action, with the outcome likely to be determined by the judge's assessment of the evidence, or lack thereof.
