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Gearbox and Sega Getting Sued for Aliens: Colonial Marines

This is a discussion on Gearbox and Sega Getting Sued for Aliens: Colonial Marines within the Aliens: Colonial Marines forum, part of the A; Gearbox and Sega falsely advertised Aliens: Colonial Marines with press demos, according to lawsuit | Polygon Sega and Gearbox Software ...

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    Gearbox and Sega Getting Sued for Aliens: Colonial Marines

    Gearbox and Sega falsely advertised Aliens: Colonial Marines with press demos, according to lawsuit | Polygon

    Sega and Gearbox Software are the defendants in a class action suit claiming the two companies falsely advertised Aliens: Colonial Marines with unrepresentative trade show demonstrations.

    The suit, obtained by Polygon earlier today, was filed yesterday in the Northern District of California court by law firm Edelson LLC on behalf of plaintiff Damion Perrine. Citing a number of California civil and business codes, the suit claims that Gearbox and Sega falsely advertised Aliens by showing demos at trade shows like PAX and E3 which didn't end up being accurate representations of the final product.

    These demos, which Gearbox co-founder Randy Pitchford called "actual gameplay," according to filing, were criticized after the game's launch for featuring graphical fidelity, AI behavior and even entire levels not featured in the game. Our review of Aliens: Colonial Marines featured a gallery highlighting some of the differences between a 2012 video walkthrough of the title, and the same level in the final version of the game.

    The suit claims that by sending out review code to the press under an embargo that lifted in the early morning of Aliens: Colonial Marines' launch date of Feb. 12, the game's pre-orderers and early adopters would have no knowledge of the discrepancies between the demo and final game. As such, it seeks damages for anyone who purchased the game on or before its release date.

    "Each of the 'actual gameplay' demonstrations purported to show consumers exactly what they would be buying: a cutting edge video game with very specific features and qualities," the claim reads. "Unfortunately for their fans, Defendants never told anyone — consumers, industry critics, reviewers, or reporters — that their 'actual gameplay' demonstration advertising campaign bore little resemblance to the retail product that would eventually be sold to a large community of unwitting purchasers."

    The class action suit also cites a tweet from Pitchford, published a week after the game's launch, as acknowledgement of the differences between the demo and game.

    "That is understood and fair and we are looking at that," Pitchford said in response to a tweet asking about the press demo discrepancies. "Lots of info to parse, lots of stake holders to respect."


    We reached out to Edelson to find out why they had decided to take on Perrine's case.

    "The gaming community had a strong reaction to the release of Aliens: Colonial Marines," Edelson LLC's Ben Thomassen told Polygon. "We think the video game industry is no different than any other that deals with consumers: if companies like Sega and Gearbox promise their customers one thing but deliver something else, then they should be held accountable for that decision."

    We have also reached out to Sega and Gearbox for their responses to the class action suit's claims, and will update this post if and when we hear back.

    Last edited by Ps360; 05-01-2013 at 03:53 PM.

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    About time, Gearbox should have gotten this from the start

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    Quote Originally Posted by KingLazy View Post
    About time, Gearbox should have gotten this from the start
    takes time to build up cases sometimes

    this is a easy case of "you can't hide shit" though. Even Sega Admitted they were guilty of false advertising.

    i want a full refund and pitchfords head on a stick. Sega should get the least amount of punishment though simply because they were lied to also.

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    Quote Originally Posted by Ps360 View Post
    takes time to build up cases sometimes this is a easy case of "you can't hide shit" though. Even Sega Admitted they were guilty of false advertising. i want a full refund and pitchfords head on a stick. Sega should get the least amount of punishment though simply because they were lied to also.
    The party that is responsible for the deceptive ads are going to be the ones that are going to be paying up.

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    Quote Originally Posted by bobbyblitzed View Post
    The party that is responsible for the deceptive ads are going to be the ones that are going to be paying up.
    Gearbox made the videos for the trailers and did the Public demos at PAX and other conventions

    all sega did was put trailers on youtube

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    Quote Originally Posted by Ps360 View Post
    Gearbox made the videos for the trailers and did the Public demos at PAX and other conventions

    all sega did was put trailers on youtube
    Sega approved the videos and I'm sure once the game was finished, someone at Sega knew the "gameplay" videos was not actually gameplay in the final version of the game at all. And not only did they not state that, they decided to cover it up as much as possible. Even if Sega didn't make the vids, they can't claim they didn't know until after the game was released. Parent Companies are just as much at fault as their subsidies, because it's the parent company's responsibility to ensure crap like this doesn't happen. Sega deserves more than a slap on the hand, because they are just as much at fault as Gearbox is. At the very least they are accomplices after the fact, because they helped cover it up.

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    Let the sue battle begin.

    Bring out the knight and jump like to safety.
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    any news on this? will refunds be issued for season passes aswell

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    They should have just stuck with making borderlands 2 + DLC in house instead of CM and DN:F



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    I think they should all receive this punishment, I waited a long time to play that piece of shit, the only good thing about it was I got it from Lovefilm and got rid of it quickly .



    Rotan punishment, the guy above's crime was making Resident Evil 6
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    what has become of the lawsuit?

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