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SEGA & Gearbox Software Sued Over A:CM

Sega and Gearbox Software have been reportedly sued by a consumer over claims of false advertising in regards to Aliens: Colonial Marines, says Polygon. The lawsuit, filed yesterday by law firm Edelson LLC on behalf of Damion Perrine, claims that Aliens: Colonial Marines was falsely advertised by Gearbox Software and Sega at trade shows, misleading consumers by giving an inaccurate representation of the final product.

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.” Read more here.

In related news, Steam appears to be issuing full refunds to consumers who have filled a complaint with Washington State Attorney. Find more here.

“Valve Corporation has agreed to credit your full purchase price of $49.99 paid for the software product Aliens: Colonial Marines on 2/5/2013. This does not necessarily reflect on the validity of your claim, nor does it preclude you from, or, assist you in seeking private legal remedies. (…) We will retain a copy of your complaint as part of our public record of the firm’s business practices.”



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Comments: 102
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  1. Bounds34
    I'l like to think this is a fairly good representation of what it must be like in the courtroom for the ACM lawsuit. Randy Pitchford is Batman and the majority of us as the jury :))

  2. Gren_86
    I think you people should just let Randy and Geabox get a pass on this whole thing.  What do you say?

    Agreed.
    the game was a disappointment, we get it.
    but stuff like that happen. now, move on.
    Look, I don't want anyone to lose their job over this shitty game even that slimy turd Pitchford, but this lawsuit should be regarded as a reminder that consumers aren't mindless cash cows!   
  3. Dowly
    Much talk has been about the footage shown prior to release being WIP footage,
    but wasnt it part of the suit that the way GBX & SEGA held reviews under blanket until
    before the launch a point too?

    I really dont know if that's illegal or not, or even true, just curious.
  4. demonbane
    Valve kept close eyes on Gearbox. That's why. If there is no overseer on them, look at what happen.
    Ok, that covers one game, what about the rest?  Like I said, they're not really that great of a team, but they HAVE released good games before.
    Only Brothers in Arms and Borderland. Yet they still pose problems. Brothers in Arms was far away from how it was advertised.
    Borderland... first one constantly gets mentioned for its bad ending. To me, it was bit fun to meh.
    And Borderland 2 has people complaining about save issue, and how developers outsource DLC to other developers.
    Not to mention the franchise was born from scam.
    Rest are at average below. I believe someone covered Gearbox's record. They are not worth keeping. I bet they will do the same for Homeworld IP.
  5. Origin
    Dragging that actual, factual process of what went wrong into the spotlight is something I think needs to happen for them, just on principle. They might have been a decent dev in the past, but their creative leads and QA staff are far too up their own asses to "smell what they are cooking" nowadays, so to speak.

    This view goes back to when I practically shat my heart out when I saw they had COMPLETELY "revamped" the art design for Borderlands mid-development. And that was just so their game didn't look too much like ID softwares "RAGE". I do not care for the lazy cel-shaded direction they ultimately went with (just...awful texture work) though I concede it was a fun Co-op loot-a-thon. Funny enough, when I played RAGE i couldn't help but think that "hey, this is what Borderlands was SUPPOSED to look like. Awesome!".

    Duke Nukem Forever speaks for itself, but it definitely sets the stage for the bullshit GBX decided to squeeze out for us in all the hype leading up to the Aliens release.

    Oh, and IDK if this was ever posted here during release but here: http://www.reddit.com/r/LV426/comments/18ewf4/a_lot_of_you_are_rightfully_upset_at_the_final/

    A real eye-opener, for sure.



  6. demonbane
    The real fun fact here: GBX never delivered anything superb, admit it Borderlands is not a history in the making and GBX cheated already with Duke Nukem and so on...SO basicly they reputation is kinda low...and now they proudly say, dont give an F about they showed something else in the demos to their customers. Why not take the blame at least to maintain honor so they could sell anything yet in the future? They not just cheaters but blatant idiots. No one will hire them as developers imo...well umm maybe another blatant idiot developer would trust with his money in them.
    I beg to differ.  Brothers in Arms: Road to Hill 30, Brothers in Arms: Earned in Blood, and Half-Life Opposing Force were all awesome games.   I even had a blast with Borderlands 1 and 2, but I think that's mostly because there's very few decent coop games out there these days.  Still, they're not even close to an awesome dev team IMO, especially since Pitchford has been a complete ass since they ported Halo to the PC.
    Valve kept close eyes on Gearbox. That's why. If there is no overseer on them, look at what happen.
  7. Nutlink
    The real fun fact here: GBX never delivered anything superb, admit it Borderlands is not a history in the making and GBX cheated already with Duke Nukem and so on...SO basicly they reputation is kinda low...and now they proudly say, dont give an F about they showed something else in the demos to their customers. Why not take the blame at least to maintain honor so they could sell anything yet in the future? They not just cheaters but blatant idiots. No one will hire them as developers imo...well umm maybe another blatant idiot developer would trust with his money in them.
    I beg to differ.  Brothers in Arms: Road to Hill 30, Brothers in Arms: Earned in Blood, and Half-Life Opposing Force were all awesome games.   I even had a blast with Borderlands 1 and 2, but I think that's mostly because there's very few decent coop games out there these days.  Still, they're not even close to an awesome dev team IMO, especially since Pitchford has been a complete ass since they ported Halo to the PC.
  8. RagingDragon
    This never gets mentioned, but did everyone's memories just drop sharply while I was away?

    They played two f**king hours of the game live on IGN before release. The entire beginning of the game, exactly as it was in the final product, for everyone to see.

    If that doesn't more than cover their ass, I don't know what does.

    I'm glad this lawsuit is out there, if anything just to bring attention to this and make others think twice before deciding to follow practices like the ones used, but I don't really think it will get anywhere other than that. Gearbox can just say "we had some unexpected development problems, things changed, and we decided to show the final product before release."

    Now if it gets deeper and probes the money paid to Gearbox for the game and how it was handled, that should add a lot of weight to the claims made by the group pursuing the suit.

    Pursuit of the suit.. .. suiting, pursuits in suits. Um.
  9. Cal427eb
    here u go gbx one fan minus


    btw i dont mind about stealing money or tormenting this franchise and giving us crap..no! thats still acceptable for me, but at least dont try to make me look stupid, okay gbx?! this attitude really pisses me off, not gonna buy from u anything if u think im an idiot who wont care about the fact, that u dont care about  we saw and we know we were fooled by u and you just say "shut up it was a work in progress we are untouchable"...

    karma awaits, u will see
    Come on. Use your grammar.
  10. szkoki
    here u go gbx one fan minus, just deny everything, act like a little kid, still everyone knows what u did, your not gonna sell anything, spineless idiots, just wait...


    karma awaits, u will see
  11. Xenoscream
    The real fun fact here: GBX never delivered anything superb, admit it Borderlands is not a history in the making and GBX cheated already with Duke Nukem and so on...SO basicly they reputation is kinda low...and now they proudly say, dont give an F about they showed something else in the demos to their customers. Why not take the blame at least to maintain honor so they could sell anything yet in the future? They not just cheaters but blatant idiots. No one will hire them as developers imo...well umm maybe another blatant idiot developer would trust with his money in them.
    I disagree over Borderlands, especially Borderlands 2 which is pretty well awesome, especially in the writing department.

    Clearly different writers there than with A:CM.

    I found BL1 pretty underwhelming, I was hoping for a good story, there really wasn't one. When compared to a game like bioshock it just didn't stand up for me, I played through the whole thing with my flatmate and for a coop game it was passable, army of 2 40th day was much better in the coop department though.

    Haven't played BL2, don't have as much time as I used to so will skip it out of spite for the massive fail on ACM.
  12. CONKERSBADFURDAY
    The real fun fact here: GBX never delivered anything superb, admit it Borderlands is not a history in the making and GBX cheated already with Duke Nukem and so on...SO basicly they reputation is kinda low...and now they proudly say, dont give an F about they showed something else in the demos to their customers. Why not take the blame at least to maintain honor so they could sell anything yet in the future? They not just cheaters but blatant idiots. No one will hire them as developers imo...well umm maybe another blatant idiot developer would trust with his money in them.
    I disagree over Borderlands, especially Borderlands 2 which is pretty well awesome, especially in the writing department.

    Clearly different writers there than with A:CM.
  13. szkoki
    The real fun fact here: GBX never delivered anything superb, admit it Borderlands is not a history in the making and GBX cheated already with Duke Nukem and so on...SO basicly they reputation is kinda low...and now they proudly say, dont give an F about they showed something else in the demos to their customers. Why not take the blame at least to maintain honor so they could sell anything yet in the future? They not just cheaters but blatant idiots. No one will hire them as developers imo...well umm maybe another blatant idiot developer would trust with his money in them.
  14. Guts
    http://images2.wikia.nocookie.net/__cb20130416055530/avp/images/0/02/Burke_suit.jpg

    Spoiler (click to show/hide)

    Perfect :laugh:

    Oh how could we be so blind and fall for all his lies. At least Burke got what he deserved. What will pitchford get?

    I hope they learn something from this. I really do.
    Pfffffffffffffffft. Doubt it.  :-\

    http://i.imgur.com/p9HsJsJ.jpg
    fixed
    Quote
    I'm Pitchford. Randy Pitchford. I work for the company. But don't let that fool you, I'm really an okay guy.
  15. Grey_Yautja
    http://images2.wikia.nocookie.net/__cb20130416055530/avp/images/0/02/Burke_suit.jpg

    Spoiler (click to show/hide)

    Perfect :laugh:

    Oh how could we be so blind and fall for all his lies. At least Burke got what he deserved. What will pitchford get?

    I hope they learn something from this. I really do.
    Pfffffffffffffffft. Doubt it.  :-\

    If there's one thing time has shown us again and again, it's that these guys never learn.
  16. Cal427eb
    http://images2.wikia.nocookie.net/__cb20130416055530/avp/images/0/02/Burke_suit.jpg

    Spoiler (click to show/hide)

    Perfect :laugh:

    Oh how could we be so blind and fall for all his lies. At least Burke got what he deserved. What will pitchford get?

    I hope they learn something from this. I really do.
    Pfffffffffffffffft. Doubt it.  :-\
  17. demonbane
    The Demo was confirmed not to be made with the game at all, don't you folks remember?
    Indeed. I recall it being mentioned in some interviews, etc... And as I've said before, I remember mentioning it too back in 2011.

    This is an excerpt from AvPG's interview with GBX in 2012: http://www.avpgalaxy.net/games/aliens-colonial-marines-sega/interview-gearbox-software/

    Quote from: Gearbox Software
    What’s been shown of the campaign thus far represents a very small part of the overall game. With what we showed at E3 2011, the intent was to highlight as many different aspects of the campaign as possible within the allotted time: atmosphere and tension, gameplay, co-op, sentry guns, etc.
     
    While that demonstration was comprised of things that are in the game, the campaign is a bit more nuanced in terms of pacing.
    Problem is that it was confusing for people because it was purposely omitted from all official promotional material at the time:

    Quote from: Randy Pitchford
    This is really kind of a big moment for us because, you know, we haven't shown the game in action before. And, so you're gonna see what the game actually looks like. Not just screenshots, but the actual gameplay. (...) And that is a quick taste of Aliens: Colonial Marines. It's a section of act 2 of the game.
    And yet, they kept using demo footage for TV commercial all that without revealing the final build. No excuse for that. It is indeed fraud. If they revealed final build before release, people would be disappointed, but would not have gone this far.
  18. ShadowPred
    Bungie's case was different in which not only was it not able to be achieved within the game but it didn't fit the Halo style of play; it was basically a session of scripted events. What we got in the game, spread across two levels was far better from a gameplay standpoint. Not to mention that not long after the demo they disclosed it as removed in favor of more achievable and fitting portions. Thing about Colonial Marines is that it's a drastic downgrade in every regard down to the visual fidelity-- they had no stylistic quota to live up to, just a rendered space to jerk the analog sticks around in.

    4:00


    Spoiler (click to show/hide)


    That spoiler tag is absolutely perfect. Everyone needs to click it.
  19. Space Sweeper
    Bungie's case was different in which not only was it not able to be achieved within the game but it didn't fit the Halo style of play; it was basically a session of scripted events. What we got in the game, spread across two levels was far better from a gameplay standpoint. Not to mention that not long after the demo they disclosed it as removed in favor of more achievable and fitting portions. Thing about Colonial Marines is that it's a drastic downgrade in every regard down to the visual fidelity-- they had no stylistic quota to live up to, just a rendered space to jerk the analog sticks around in.

    4:00


    Spoiler (click to show/hide)
  20. SDR
    The Demo was confirmed not to be made with the game at all, don't you folks remember?

    From what i remember Randy Pitchford said that "the demo is stage 2" at the E3 and also Mikey Newman at 2012 Comic Con event said that "the demo is the real thing".
    For example go at 02:20

    You can find many youtube videos from 2012 events or even A:CM trailers having short clips from the E3 demo.
    Also i saw at gearbox forums that Sega and Gearbox respond for the sue
    Code: [Select]
    GEARBOX:
    "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."
    SEGA:
    "SEGA cannot comment on specifics of ongoing litigation, but we are confident that the lawsuit is
    without merit and we will defend it vigorously."
    And gearbox now say that this was just a demonstration... don't make me laugh.
  21. ikarop
    http://www.ign.com/articles/2013/05/03/gearbox-sega-sued-over-aliens-colonial-marines

    Quote
    Update: Gearbox has now commented on the lawsuit, providing the following statement to IGN:

    "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."

    Additionally, SEGA provided its own statement earlier today:

    "SEGA cannot comment on specifics of ongoing litigation, but we are confident that the lawsuit is without merit and we will defend it vigorously."
  22. ikarop
    The Demo was confirmed not to be made with the game at all, don't you folks remember?
    Indeed. I recall it being mentioned in some interviews, etc... And as I've said before, I remember mentioning it too back in 2011.

    This is an excerpt from AvPG's interview with GBX in 2012: http://www.avpgalaxy.net/games/aliens-colonial-marines-sega/interview-gearbox-software/

    Quote from: Gearbox Software
    What’s been shown of the campaign thus far represents a very small part of the overall game. With what we showed at E3 2011, the intent was to highlight as many different aspects of the campaign as possible within the allotted time: atmosphere and tension, gameplay, co-op, sentry guns, etc.
     
    While that demonstration was comprised of things that are in the game, the campaign is a bit more nuanced in terms of pacing.
    Problem is that it was confusing for people because it was purposely omitted from all official promotional material at the time:

    Quote from: Randy Pitchford
    This is really kind of a big moment for us because, you know, we haven't shown the game in action before. And, so you're gonna see what the game actually looks like. Not just screenshots, but the actual gameplay. (...) And that is a quick taste of Aliens: Colonial Marines. It's a section of act 2 of the game.
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