Gearbox attempts to get removed from Aliens: Colonial Marines class action lawsuit | PCGamesN

Gearbox attempts to get removed from Aliens: Colonial Marines class action lawsuit

Colonial Marines lawsuit

Aliens: Colonial Marines was bad; a bad shooter and a bad Aliens game. But a class action lawsuit filed last year, against Gearbox and Sega, alleges that the game was also sold on false promises and unrepresentative gameplay at shows like E3 and PAX. While both parties looked poised to fight the lawsuit, Gearbox is now attempting to end things before a judge can decide whether the lawsuit is warranted. 

The developer’s reasoning appears to be two-fold: the company poured its own money into the game and has not been reimbursed or received royalties, and the class is too broad, including people who would have never seen the early footage or people who actually liked the game, if they exist. 

Gearbox’s motion claims that the developer was originally letting Sega, the publisher, handle things, but that it is now obligated to “pursue its rightful departure from this case”.

While the suit alleges that Gearbox diverted funds paid to the company for Colonial Marines to other games, VP of marketing Steve Gibson stated that this was false in a deposition. “During the development process, Gearbox supplemented Sega's development budget with its own money to help Sega finish its game; Gearbox's contributions to A:CMtotaled millions, none of which was ever repaid.”

The developer also takes issue with the broadness of the class. “First, plaintiffs’ proposed class is impermissibly overbroad because it includes putative class members who were never exposed to, and who therefore never viewed, the allegedly misleading game demonstrations on which the class-wide claims are premised,” reads Gearbox’s request to strike the class action lawsuit

There is obviously no way to know how many people viewed or read about the demo at E3 or PAX, however videos and commentary were publicly available, as Gearbox itself explains in its request for summary judgement

One of the two plaintiffs has already pulled out. Damion Perrine is currently incarcerated and his lawyer has requested that he be removed from the suit. 

Cheers, Game Informer and Polygon.  

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Shriven avatarFraser Brown avatarjon_hill987 avataraaron116117 avatarJezcentral avatar[PWNY] Fluttersnipe avatar+1
Shriven Avatar
3486
3 Years ago

I knew this would still be rumbling on. This could have larger side-effects then previously thought.

1
Fraser Brown Avatar
960
3 Years ago

I really doubt it will come to anything. While Colonial Marines was terrible and Gearbox was pretty shifty, the class action is just silly.

1
Shriven Avatar
3486
3 Years ago

It was the bait and switch from the E3 video that really got me curious about it. They really did show one thing, then deliver another. Someone doing it is going to get stung from it soon.

1
jon_hill987 Avatar
145
3 Years ago

But did Watchdogs not do exactly the same? Why is no one suing Ubisoft?

1
Shriven Avatar
3486
Shriven replied to jon_hill987
3 Years ago

They kinda got away with it. But, the next time they put even a sidestep towards that direction, the wrath of god will be on them.

Prolly gave the right journalists a Nexus pre-launch to keep it quite...

1
Jezcentral Avatar
536
Jezcentral replied to jon_hill987
3 Years ago

Watch_Dogs didn't launch with the downgrade. The downgrade was in earlier trailers. So they had pre-emptively come clean about it.

It can't be a crime not to know the exact state of the game's graphics years before you release, new GPUs come out, codes get refactored and made more efficient. And sometimes it doesn't, and stuff has to be taken out for the sake of frame-rates.

1
[PWNY] Fluttersnipe Avatar
194
3 Years ago

I'm glad it didn't go away. It's just a shame Sega has to be involved though. They trusted a dev to create a game, then that dev shifted it's pile of sweaty crap to time gate studios.

It would be nice if the truth came out of all this as well.

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aaron116117 Avatar
1
3 Years ago

shouldn't have released such a shitty game than should you gearbox?

1
brj3 Avatar
35
3 Years ago

Gearbox did this before with Brother's in arms Hell's Highway. That game has a smaller audience so not much came of it though. Bait & switch is a marketing tactic with them and not an isolated incident.

1