Court denies Star Citizen backer’s $4,500 refund lawsuit

A Star Citizen backer who went to small claims court seeking a refund of $4,496 he had put toward the long-delayed crowdfunded space sim has seen his case dismissed.

Ken Lord, a data scientist from Colorado, had been a massive Star Citizen backer since the game first launched on Kickstarter in 2012. But he's since grown disillusioned with the title's numerous delays, broken promises, and changes in scope, according to reports on Motherboard and Kotaku

In reports, Lord said he felt his requests for a refund from Roberts Space Industries—including a five-page letter—weren't getting due response. So he filed a lawsuit earlier this month, presenting evidence of dozens of development promises RSI hadn't fulfilled in a timely fashion.

In court, though, RSI cited Lord's access to a beta test the game through the game's "Evocati" program as evidence it was delivering a product in exchange for Lord's money. RSI also cited its terms of service, which limit remedies to binding arbitration out of court, as reason to dismiss the case.

Lord presented evidence that this arbitration clause was not present in the initial version of the Terms of Service, when Lord made his first contribution to the RSI Kickstarter. But RSI tells Kotaku that the vast majority of Lord's 61 pledges came after the arbitration clause was added and that Lord accepted the new terms of service when he added additional funds to his initial pledge. An LA county judge agreed with RSI, cutting off Lord's hopes for a refund, though he tells Motherboard he's "evaluating his options" as far as appeal.