Gaming Lawsuit: Player Sues Over Accessibility Barriers

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 misled consumers by concealing substantial game content, claiming a "whole new game… hidden inside" due to the games' high difficulty. This claim, announced on 4Chan, asserts that FromSoftware intentionally obscures this content through challenging gameplay.

Kisaragi's argument rests on the premise that the game's difficulty masks undiscovered content, citing datamined material as evidence. Unlike others who believe this data represents cut content, Kisaragi insists it's intentionally hidden, referencing vague hints from the developers such as statements from Hidetaka Miyazaki and art book details. The core of the lawsuit is the assertion that players paid for inaccessible content without knowledge of its existence.

The lawsuit's viability is questionable. Even if hidden content existed, dataminers would likely have discovered it. The presence of cut content in game code is common and doesn't necessarily imply intentional concealment. While Massachusetts small claims court allows suits from individuals 18 and older without legal representation, the plaintiff must prove "unfair or deceptive practices" under Consumer Protection Law, a significant hurdle given the lack of concrete evidence. The potential damages are also limited.

Despite the low probability of success, Kisaragi's stated goal is to force Bandai Namco to publicly acknowledge the existence of this purported "hidden dimension," regardless of the lawsuit's outcome.

The case highlights the inherent difficulties in proving subjective claims about game design and content within a legal framework. The lack of concrete evidence makes the lawsuit's success highly unlikely.