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Gearbox Responds to Aliens Colonial Marines Lawsuit

Aliens Colonial Marines Gearbox Responds to Aliens Colonial Marines LawsuitYou may remember the class action lawsuit against Gearbox and Sega that was filed in April 2013 by Roger Damion Perrine and John Locke stating both companies falsely advertised Aliens Colonial Marines at various tradeshows. When the game was released in February 2013, critical reception was extremely negative and the graphics were extremely poor compared to how it looked at tradeshows. There were all sorts of rumours flying about that Gearbox outsourced the game to Timegate Studios, who subsequently filed for bankruptcy in May 2013, and that Gearbox spent the money they received from Sega on developing Borderlands 2.

This week, Gearbox have finally given their side of the story in a motion filed this week to drop the class action lawsuit against them. They state that Sega contracted Gearbox in 2006 to make a game based on Aliens and Sega had approval on “all of the game’s subject matter, content, gameplay mechanics and technical specifications”. With regards to the budget, they have indicated that they actually spent millions of their own money supplementing Sega’s budget and Sega never repaid any of that money back to them. Gearbox stated that the same Unreal game engine was used in demonstrations and the final game. Gearbox goes onto state they never received any bonuses from Sega post-release because Aliens Colonial Marines didn’t sell enough copies.

The motion comes after an agreement was reached between Sega and the plaintiffs at the end of June to settle the lawsuit but Roger Damion Perrine had disappeared. It was revealed that he was in jail in Pennsylvania awaiting trial for three charges including simple assault and terroristic threats. There was a separate filing from Gearbox to have him removed from the class action lawsuit leaving only John Locke.

So what does all this mean? Well, the lawsuit isn’t quite over yet. Basically Gearbox have shifted the blame onto Sega with regards to the lawsuit as they were the publisher and marketer of Aliens Colonial Marines. Gearbox was just the developer. They do paint a very different picture of what they did with game’s budget but they still didn’t explain why they outsourced most of the game to Timegate Studios. We’ve still yet to hear Sega’s version of events though. While the lawsuit is kinda pointless, I do applaud the two guys for standing up for themselves and not letting big companies get away with murder. It always sort of surprised me how Sega haven’t filed their own lawsuit against Gearbox but I guess there is still a lot more to this story left to tell…



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  1. PRI. HUDSON
    Yeah, I just went on a shredding rampage two weeks ago, guess what was included. I hope the box is enough.

    I can't help but feel a little sorry for Sega. They must have poured millions into ACM and it's ended up costing them much more in the end. And Gearbox still haven't had their comeuppance.

    Makes me think they're just going to get rid of the license once AI is all done with (think this is their last game on the license?). They've had nothing but trouble with Alien games.

    Infestation was good.

    True enough. Probably the best Alien game of recent years. Still kind of messed about - narratively - by ACM.

    There was more fan service in the character bios than in the entirety of ACM.

    They couldn't even get the character bios for Hicks right lol.

    I can't imagine that you need a receipt. Who would keep one for that long? There has to be another way.
  2. Vers
    Yeah, I just went on a shredding rampage two weeks ago, guess what was included. I hope the box is enough.

    I can't help but feel a little sorry for Sega. They must have poured millions into ACM and it's ended up costing them much more in the end. And Gearbox still haven't had their comeuppance.

    Makes me think they're just going to get rid of the license once AI is all done with (think this is their last game on the license?). They've had nothing but trouble with Alien games.

    Infestation was good.

    True enough. Probably the best Alien game of recent years. Still kind of messed about - narratively - by ACM.

    There was more fan service in the character bios than in the entirety of ACM.

    They couldn't even get the character bios for Hicks right lol.
  3. PRI. HUDSON
    So will we be getting our money back? I spent $100+ dollars on the game and id like to have it back. I have both my preorder and purchase receipt. So if they need me to show it, I got em right here.

    Depends on how many submit claims. I would think if you have the box to the game, they can trace the sale of it with the barcode? Either way, I don't think you need a receipt to get your refund.

    I feel since most sold the game back then the odds of us getting a solid amount are fairly good. I hope I can get 40 or so and use that to buy Alien: Isolation.
  4. Guts
    I can't help but feel a little sorry for Sega. They must have poured millions into ACM and it's ended up costing them much more in the end. And Gearbox still haven't had their comeuppance.

    Makes me think they're just going to get rid of the license once AI is all done with (think this is their last game on the license?). They've had nothing but trouble with Alien games.

    Infestation was good.

    True enough. Probably the best Alien game of recent years. Still kind of messed about - narratively - by ACM.

    There was more fan service in the character bios than in the entirety of ACM.

    No, the E3 trailer for ACM where the marine answers with how many fingers can he see by sticking up his middle finger had more character then the entire story of A:CM
  5. underbound
    So will we be getting our money back? I spent $100+ dollars on the game and id like to have it back. I have both my preorder and purchase receipt. So if they need me to show it, I got em right here.
  6. Hudson
    I can't help but feel a little sorry for Sega. They must have poured millions into ACM and it's ended up costing them much more in the end. And Gearbox still haven't had their comeuppance.

    Makes me think they're just going to get rid of the license once AI is all done with (think this is their last game on the license?). They've had nothing but trouble with Alien games.

    Infestation was good.

    True enough. Probably the best Alien game of recent years. Still kind of messed about - narratively - by ACM.

    There was more fan service in the character bios than in the entirety of ACM.
  7. Corporal Hicks
    I can't help but feel a little sorry for Sega. They must have poured millions into ACM and it's ended up costing them much more in the end. And Gearbox still haven't had their comeuppance.

    Makes me think they're just going to get rid of the license once AI is all done with (think this is their last game on the license?). They've had nothing but trouble with Alien games.

    Infestation was good.

    True enough. Probably the best Alien game of recent years. Still kind of messed about - narratively - by ACM.
  8. Hudson
    I can't help but feel a little sorry for Sega. They must have poured millions into ACM and it's ended up costing them much more in the end. And Gearbox still haven't had their comeuppance.

    Makes me think they're just going to get rid of the license once AI is all done with (think this is their last game on the license?). They've had nothing but trouble with Alien games.

    Infestation was good.
  9. skull-splitter
    Quote
    Makes me think they're just going to get rid of the license once AI is all done with (think this is their last game on the license?). They've had nothing but trouble with Alien games.

    Makes you wonder if they get their priorities straight. AvP'10 was pushed out the door rather quick to make up for the ACM delay as I saw it, which makes it all the more shameful ACM was such a bummer.
  10. PRI. HUDSON
    Good question. I can't really imagine them asking you to send the game back to them.

    Some interesting things I read in the documents: There was a total of 135,000 people who pre-ordered/ordered day one in the United States. If every single one of those people filed a claim, you'd only get around $5. But it also says that claims rarely exceed 7% so if 7% of the 135K filed a claim, you'd get at most $77 refund.

    I have my game and box still, no receipt. Curious as to how I can prove I bought the game.

    I expect many to have gotten rid of their games already. I plan on getting nearly a full refund and buying Isolation with it.
  11. Darkness
    Good question. I can't really imagine them asking you to send the game back to them.

    Some interesting things I read in the documents: There was a total of 135,000 people who pre-ordered/ordered day one in the United States. If every single one of those people filed a claim, you'd only get around $5. But it also says that claims rarely exceed 7% so if 7% of the 135K filed a claim, you'd get at most $77 refund.
  12. The Yeti
    So if one files a claim for some kind of refund, does that customer have to relinquish his/her copy of the game?
    I bought the $100 Collector Edition on day one. I was disappointed with some issues, namely graphics, but I  actually liked the game, to a certain extent.
    I do feel a bit betrayed by the 'false advertising', and would like some kind of reimbursement.
    However, I'm gonna keep my game (especially the sweet statue)!
    Sega/Gearbox should have made the DLC FREE to those who bought the game new.
    Perhaps, if I get some $$$ from this lawsuit, I'll send some of it back Sega's way by DL'n that campaign DLC.
    At the very least, I already Pre-ordered Alien Isolation, so...
  13. Nazrel
    I can't help but feel a little sorry for Sega. They must have poured millions into ACM and it's ended up costing them much more in the end. And Gearbox still haven't had their comeuppance.

    Makes me think they're just going to get rid of the license once AI is all done with (think this is their last game on the license?). They've had nothing but trouble with Alien games.

    Doesnt their contract end this year or next?
  14. Guts
    WoW, We will never likely get a real technical specification as to what the hell is going on REALLY but this is how I see:

    Sega opted to use an advanced version of unreal Engine 3 ( considering the neat  illumination and water effects in the demo look just like the ones on Arkham Knight), then told Gearbox to get  on it
    with a surprise twist : Wii U.

     Hense the Wii U cancellation and the outrageously low quality engine we got which was probably done on purpose to test on Wii U.

    I like to think this as the logic behind the lawsuit since the reports are downright stupid allegations that don't add up to an actual reason.
    The reports are beginning to sound like some douch bag costumer is suing over an unintended use of bump maps and solar flares effects in the game.

    Maybe we're secretly playing the Wii-U build of the game? xD
  15. PRI. HUDSON
    Best news I heard all week. I am happy I kept my copy, because I am going to reclaim some money. I don't care if its a dollar or the entire 59.99.

    Since most people traded the game away, I can see myself getting a lot more than a couple bucks.

    Thank you, SEGA. Thank you for taking some blame. Now, sue Gearbox.
  16. windebieste
    Didn't say they owned it.  Regardless, I have no sympathy for GBX. 

    Sega should return the favor and sue GBX in turn.  It's just too bad they DID fulfill their contractual obligations to the publisher to cover their butts and get the game plus 4 DLC items out the door. 

    Mind you, Sega should still seek accountability as to where that money went.

    $60,000,000 is a Hell of a lot of money considering how the end product turned out.
  17. SM
    Poor GBX, liddle diddums. 

    After 6 years and $60,000,000+ from the publisher it still was not enough to get the game looking like AAA  instead of a budget title?  ...and you claim you put EVEN more of your own money into it to get it releasd? 

    Something wrong right there.

    Oh, by the way... How's that new $60,000,000 office building coming along for you?

    http://www.joystiq.com/2011/11/19/gearbox-to-move-hq-to-new-61-million-building-in-frisco-tx/

    Not like they own that building.  Or even appear to have moved in.

    Long bow is long.
  18. PsyKore
    I think this was simply the best option for Sega from a financial standpoint. if they hadn't done this, then it would be a risk that they would have to pay more down the line. It also shakes Gearbox off of them. $1.25M is something Sega can easily make back, anyway.

    I think they got off... rather lightly.

  19. windebieste
    Poor GBX, liddle diddums. 

    After 6 years and $60,000,000+ from the publisher it still was not enough to get the game looking like AAA  instead of a budget title?  ...and you claim you put EVEN more of your own money into it to get it releasd? 

    Something wrong right there.

    Oh, by the way... How's that new $60,000,000 office building coming along for you?

    http://www.joystiq.com/2011/11/19/gearbox-to-move-hq-to-new-61-million-building-in-frisco-tx/

  20. Ash 937
    I admire SEGA for settling.  Now GBX can be left to defend themselves in isolation on the matter while SEGA has essentially bought themselves out of the hassle.  Clearly they do not want to stand beside GBX since it seems like they were screwed too.

    I hope the plaintiff goes all the way and the court finds GBX liable for misleading the public.
  21. acrediblesource
    WoW, We will never likely get a real technical specification as to what the hell is going on REALLY but this is how I see:

    Sega opted to use an advanced version of unreal Engine 3 ( considering the neat  illumination and water effects in the demo look just like the ones on Arkham Knight), then told Gearbox to get  on it
    with a surprise twist : Wii U.

     Hense the Wii U cancellation and the outrageously low quality engine we got which was probably done on purpose to test on Wii U.

    I like to think this as the logic behind the lawsuit since the reports are downright stupid allegations that don't add up to an actual reason.
    The reports are beginning to sound like some douch bag costumer is suing over an unintended use of bump maps and solar flares effects in the game.
  22. Darkness
    I assume the refunds are for US only and nobody outside is entitled to a refund?

    I can't help but feel a little sorry for Sega. They must have poured millions into ACM and it's ended up costing them much more in the end. And Gearbox still haven't had their comeuppance.
  23. Samus007
    Well, I for one am ready to get my 60 bucks back.

    "...and the rest will be used to pay to those eligible customers who purchased the game. Payments to customers who fill out a three question claim form, purchased the game before Feb. 13, 2013 and are approved, will not exceed the amount paid for the game. The amount each customer receives back will be dependent on how many people submit claims. No money will be returned to Sega."
  24. Jekku
    I'm sure Gearbox will be fine.  Homeworld, the inevitable Borderlands 3, Brothers in Arms and that Borderlands collaboration project with Telltale will probably all bring them success because Pitchford knows what the fans want to hear.  With that being said, they will get none of my money.

    Whether Alien Isolation is successful or not, my dream game is a compilation of ports/HD remakes of previous Alien/Predator games.  Aliens arcade, AVP Arcade, AVP and AVP 2 would definitely be in the compilation.  I know Sega can make it happen.
  25. Xenomorphine
    A lot of people will be buying another game from them, like it or not, if only because they're remaking the original 'Homeworld'.

    Like I've been saying for a long time, if they didn't suffer any kind of meaningful consequences for their 'Duke Nukem' effort - a game which had arguably more hype surrounding it - they're not going to receive any for this, either.
  26. David
    Just fix the game. A game company lives off the back of its product and fans. You turn out a bad product and don't do anything to fix it or make good with your customers?? That's bad business. This is a great franchise and a hardcore fanbase to go with it. I hope one of these days a great game company will pick up this franchise and do amazing things with it!! FIX THE GAME!!!
  27. PsyKore
    There's not much to really elaborate on, Ubisoft's early footage was much more pristine than the final released game, much in the same way A'CM's was. I'm sure someone can post video examples.
  28. Nazrel
    Wouldn't be the first time Gearbox is trying to squirm their way out of the highlights for screwing the pooch. They did it with Duke Nukem as well, saying that it's not their fault, its the license holder's fault.

    If a companies product is doing this badly on numerous different projects there is a single common factor.....

    GEARBOX

    I hope they all feel like pieces of dog $#!7 for all the "were fans of the franchise, fans will love this, this is made for fans"

    Bastards
  29. gabgrave
    Wouldn't be the first time Gearbox is trying to squirm their way out of the highlights for screwing the pooch. They did it with Duke Nukem as well, saying that it's not their fault, its the license holder's fault.
  30. bones
    I HATE SEGA i mean look what happened to ROME II same shit happened there that happened to this game, its all about management, this is not news whether creative assembly works on it, obsidian, gear box, bioware etc.. since sega calls the shots since they have the license.  sega will streamline the product aka strip down games to the bones minimum to save time and money, as long as they can pump out copies to meet quota they dont care, as long as the advertisement is exceptionally good for marketing to alure buyers...either that they will give you the bones minimum almost a beta at launch and sell the game or patches to you in pieces and you have to pay extra for each piece, why? GIVE ME MONEY SUCKERS. i was a sucker with avp 010 for segas first game of the franchise, never again will i buy as long as the franchise is held by SEGA IMO  >:(
  31. Badmothafcka312
    Looks like GBX is playing the system pretty hard with this one and passing the buck wherever they can...and I'm not surprised.  At least SEGA is willing to settle but GBX doesn't want to pay for cheating the consumer out of a sub-par, under-developed product.

    Good news is that there is a chance of justice yet for those that paid full price for what should've been a bargain title. 

    The better news is that I'd imagine that SEGA is now micro-managing their quality control for Isolation...which makes me have more hope for that title.

    Alien Isolation will be this franchise's last chance to shine IMO. I will wait for the reviews to come out and if it's any good, I'll buy it. I refuse to pre-order anything anymore. I learned the hard way with A:CM and Battlefield 4...
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