Gearbox dismisses Aliens: Colonial Marines lawsuit as "beyond meritless"
Posted: 03.05.2013 19:00 by Comments: 15
Sega and Gearbox had been named in a class-action lawsuit over having deceived the public with an E3 2012 build and trailers of Aliens: Colonial Marines that turned out to be nothing like the finished product. Sega had even admitted the trailers were misleading.

Now this would have been great, if it were real.

While Sega has given a standard "can't discuss ongoing litigation" response to inquiries, Gearbox has been less than circumspect.

Gearbox's statement reads, "Attempting to wring a class action lawsuit out of a demonstration is beyond meritless. We continue to support the game, and will defend the rights of entertainers to share their works-in-progress without fear of frivolous litigation."

In the meantime, Timegate Studios has filed for Chapter 11 bankruptcy in Texas court, in part due to Aliens: Colonial Marines.


By danfreeman (SI Elite) on May 03, 2013
Wow gearbox,you`re really doing this huh? One middle finger to the aliens fans wasn`t enough now you want to give the middle finger to everyone huh? You know what,i hope this lawsuit bankrupts your ungrateful asses,you damn well deserve it.
By nocutius (SI Elite) on May 03, 2013
Their PR department clearly needs some help.
By Gale47 (SI Core) on May 03, 2013
They should have accepted the failure that this game is.
By herodotus (SI Herodotus) on May 05, 2013
Sega know all too well that Gearbox carries most the blame, as they themselves threatened to sue Gearbox during the development cycle as they were so far behind the contracted release date. Fight if you want Pitchford, but with TellTale going down the gurgler and Sega just as angry, it's one-man fight and one you are more than likely to lose. Gearbox's reputation is already hanging by a "Borderland 2" thread, and if (when) "Brothers in Arms 4" fails, that'll be it for this struggling, lying company.
Really "BiA: Hell's Highway" should have been a big warning, and "Duke Nukem" the nail in the coffin, but they were saved by "Borderlands". One-hit-wonders now, I can't see them lasting much longer.
By Hammerjinx (SI Core) on May 05, 2013
They have a point in that developers should be able to put out trailers and demos without fear of litigation just because of changes that occur during development.

That said, it's clearly a different matter here and they should be penalised.
By herodotus (SI Herodotus) on May 05, 2013
The bottom line though is that they knowingly mis-represented themselves by continually re-showing the Demo right up to the month before release, leading everyone to believe it would like as good as if not better than the demo.
For us sly few though, several in-game screenshots slipped out and they spoke volumes of what was really on the way. Add to that a Reviews embargo, which in this case was a sinister move, and you have a case of premeditated fraud.

Hell, I'd jump into class action myself, if I'd pre-ordered the rubbish. Still, it sold very well when had it on sale recently with 60% off, and no doubt at 66% off on Steam it will do well again.
Gamers are such masochists.
By nocutius (SI Elite) on May 05, 2013
It's the same for movies, music and even books, if something is recognizable, popular or controversial enough we will spend our money on it.

I went to watch Avatar because everyone else did and said it was good and I also wanted to see what the fuss about 3D was. I watched the last Batman movie simply because it was Batman, the same with the Star Wars prequels.
By herodotus (SI Herodotus) on May 05, 2013
This is different, though Nocc. Cameron showed what you were going to see, and it was up to you to decide if you'd like it or not. Same with Batman.
Randy Pitchford blatantly lied about what gamers were buying, and refused to show anyone what the game really looked and played like. If they did, they weren't allowed to write about it until after it's release, ensuring few cancellations of pre-orders. That should have been a warning in itself.
By nocutius (SI Elite) on May 06, 2013
Absolutely, I never felt cheated coming back home from the cinema, I sometimes felt as a sheep but never cheated. I was mainly commenting the last part where you refereed to the gamers as being masochist for buying crap games, that basically applies to us people in general.

I was just nitpicking a bit for no good reason :).
By FoolWolf (SI Elite) on May 08, 2013
Oh I hope so much that they will burn for this...
Still - they will likely just get away with a nod..
By nocutius (SI Elite) on May 08, 2013
Not necessarily cause in this case it clearly was false advertizing and it most certainly deserves to be made an example of.
By herodotus (SI Herodotus) on May 08, 2013
They won't get away with it, as Sega is livid with Pitchford and his crap 'leadership'. If it wasn't for "Borderlands" they might be in receivership right now...or worse.
By Hammerjinx (SI Core) on May 09, 2013
I gotta say, if I were Sega, and I'd fronted up the cold hard for an AvP game, and I ended up with this ... I'd be asking for my money back. I guess it depends on the wording of the contract.

I haven't played the game, but I've seen video of the demo and video of the "finished" "game" and it is, imo, a horrific stab in the back to everyone that bought it or wanted to play a game like the demo.
By FoolWolf (SI Elite) on May 09, 2013
If you had played it - you would like to stab someone back - really really hard and often...