A fan of KOBerrieS had his three-year lawsuit against the idol group thrown out of the Osaka High Court. The three-year legal battle dates back KOBerrieS’ January 2014 concert in Kobe.
The unnamed plaintiff sued KOBerrieS and their concert sponsor for “neglecting to remove otagei from the concert venue.” Otagei are a type of idol otaku who use glow sticks, timed cheers, and arm flailing as a way to show support for their favorite idols. According to the lawsuit, the otagei were so noisy that the plaintiff could not hear KOBerries’ performance.
It was argued that the group and their concert sponsor had a responsibility to keep the crowd from being too loud. As a result, he attempted to sue for one million yen ( $8,967) in damages or for free admittance to a KOBerrieS concert.
The lawsuit was initially thrown out of local court in Kobe, but an appeal was filed with the Osaka High Court. After three long years of waiting, the presiding judge rejected the appeal, decreeing, “There are many ways of appreciating music, including the one displayed by those who think that shouting or cheering creates an exciting, joyous atmosphere.”
Since the concert sponsor did not explicitly state that otagei were forbidden from their glow stick flailing actions, the plaintiff had no grounds to sue on.
Mascots in cover image are by Happy Mappy.