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In a surprising move regarding the Aliens Colonial Marines lawsuit, Sega has now agreed to settle the class action lawsuit against them according to Polygon at a cost of $1.25m. Of that money, a large amount will be used to pay for legal/admin fees while $2,500 will go to the plaintiff, John Locke and the rest will be used to refund the customers who pre-ordered or bought it on day one.

If approved by the court, Sega will pay $1.25 million into a settlement fund. Of that fund, $312,500 will be used to cover attorney fees for the plaintiffs, $200,000 will be used to cover the cost of administration, $2,500 will go to the plaintiff 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.

The articles points out that this will free Sega from any legal action but the developer Gearbox could still be liable depending on the plaintiffs’ actions. Sega also made it clear in the court documents that the settlement is not an admission of guilt and that they still feel they didn’t do anything wrong with regards to Aliens Colonial Marines. They essentially settled the lawsuit because they didn’t want to waste any more time or money fighting a lawsuit that could potentially take years to end. The settlement isn’t quite final yet, however. The court still needs to approve the settlement which will be done on September 17th. Thanks to ShadowPred for the news.


Categories: Aliens CM News | Forum Topic

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Comments: 68
  1. i then purchased and played the game.  is there a check coming in the mail for 60$ or somethin?  lol.    the new alien isolation game looks good.

     :P
  2. So much for all the replies to me saying the lawsuit was dead..................

    u people do realise it was SEGA that decided to delete the code, that ruined the game from its original form dont you... or are you so blinded by SEGA's BS as their sheep...

    if Gearbox had been allowed to release the version they were making instead of the version SEGA had changed their minds in wanting for example "Call of Duty" with Xeno's which was clear that fans did not want another CoD game especially since they wanted something more true to what GBX was creating anyway...

    it isn't the first time SEGA has done this sort of under handed bad business decision and it flipped up and slapped em in the face... AvP 2010! remember that... SEGA, they blamed Rebellion for that one too.... but no funny how those companies work great on games when SEGA dont get involved, sure they have had their own mistakes over the years but they more than make up for it...

    Randy, is that you?
  3. u people do realise it was SEGA that decided to delete the code, that ruined the game from its original form dont you... or are you so blinded by SEGA's BS as their sheep...

    if Gearbox had been allowed to release the version they were making instead of the version SEGA had changed their minds in wanting for example "Call of Duty" with Xeno's which was clear that fans did not want another CoD game especially since they wanted something more true to what GBX was creating anyway...

    it isn't the first time SEGA has done this sort of under handed bad business decision and it flipped up and slapped em in the face... AvP 2010! remember that... SEGA, they blamed Rebellion for that one too.... but no funny how those companies work great on games when SEGA dont get involved, sure they have had their own mistakes over the years but they more than make up for it...


  4. You know what, good on Sega, they have put in a good faith agreement to get a lot of people their money back whilst it becomes more and more apparent it was Gearbox who was flat out lying about the game to fans and also to Sega itself.

    I just hope Randy get dragged through the dirt for this, he really deserves it!
  5. http://www.polygon.com/2014/9/3/6102035/sega-gearbox-lawsuit-aliens-colonial-marines

    This is starting to smell.
    Quote
    Gearbox Software studio head Randy Pitchford did "whatever the f**k he likes" when it came to the marketing and promotion of Aliens: Colonial Marines, according to documents filed this week in the class-action lawsuit claiming the game was falsely advertised at trade shows.

    The Sept. 2 filing by Sega of America details the publisher's take on why Gearbox is just as culpable in the case as Sega. The company's attorney writes that despite Gearbox's claims that they weren't involved in marketing, Gearbox participated equally, sometimes overstepping bounds or keeping Sega in the dark about promotional decisions.

    http://kotaku.com/the-legal-battle-over-aliens-colonial-marines-just-got-1630197749
    Has more documents.
  6. Oh really? f**k off,you both failed in making this game. You're just getting pissed of SEGA,because you can't realize how much of a f**king failure and disappointment this game was. God help me if Isolation is bad then you need to stop making games
  7. They are just trying to rightfully switch all the blame on GBX at this point. Developers sometimes do leak information to journalists or fans at events so it's not that rare or unprecedented. Just adds to Randy Pitchford's innate showmanship I guess.

    And how can we possibly have known and not Sega that the E3 2011 demo was mostly outsourced and produced as a cinematic experience (and NOT part of the game). Also just a side note, Matt Powers is the person from Sega who said ACM was NOT outsourced right after the game was released and rumours started to spread.
  8. this is becoming my favorite SHOW, im eagerly hoping for the next EPISODE
    ....really, this sega/gearbox relationship is like a soap-opera
  9. Quote
    An enclosed proposition document noted that Pitchford is a "respected development celebrity and is guaranteed to be headline material in worldwide press coverage."

    The motion goes on to say that the E3 2011 demo, which many point to as the crux of the misleading advertising, was created entirely by Gearbox.

    Following the presentation, Gearbox officials told Sega officials that the demo was the bar the game should be held to, according to an internal email.

    "During one of my conversations with Gearbox today I verified that the E3 Demo is indeed the bar that we should use to determine where the entire game will be," Matt Powers, senior producer at Sega of America, wrote to a handful of other Sega employees. "That is Gearbox's plan and what they believe in. I just wanted to double-check with them and since I did I figured I would pass that along to you."


    http://www.polygon.com/2014/9/3/6102035/sega-gearbox-lawsuit-aliens-colonial-marines
  10. Pritchford looks exactly like my team leader when I was in Ethiopia. 


    He has that same look of confidence that belies his internal cluelessness.


    This makes me dislike him even more. 
  11. 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.
  12. 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.
  13. 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.
  14. 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
  15. 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.
  16. 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.
  17. 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.
  18. 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.
  19. 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.
  20. 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.
  21. 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.
  22. 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...
  23. 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?
  24. 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
  25. 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.
  26. 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.
  27. 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.
  28. 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.

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