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Sega to Pay Out $1.25M in Aliens Colonial Marines Lawsuit

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.



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Comments: 44
  1. Nightlord
    QuoteAn 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
  2. Kimarhi
    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. 
  3. PRI. HUDSON
    Quote from: Vers on Aug 21, 2014, 09:40:49 PM
    Yeah, I just went on a shredding rampage two weeks ago, guess what was included. I hope the box is enough.


    Quote from: Hudson on Aug 16, 2014, 04:18:49 AM
    Quote from: Corporal Hicks on Aug 15, 2014, 10:46:21 AM
    Quote from: Hudson on Aug 15, 2014, 06:11:42 AM
    Quote from: Corporal Hicks on Aug 13, 2014, 07:08:17 AM
    Quote from: Darkness on Aug 12, 2014, 07:14:06 PM
    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.
  4. Vers
    Yeah, I just went on a shredding rampage two weeks ago, guess what was included. I hope the box is enough.


    Quote from: Hudson on Aug 16, 2014, 04:18:49 AM
    Quote from: Corporal Hicks on Aug 15, 2014, 10:46:21 AM
    Quote from: Hudson on Aug 15, 2014, 06:11:42 AM
    Quote from: Corporal Hicks on Aug 13, 2014, 07:08:17 AM
    Quote from: Darkness on Aug 12, 2014, 07:14:06 PM
    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.
  5. PRI. HUDSON
    Quote from: underbound on Aug 16, 2014, 05:51:02 AM
    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.
  6. Inverse Effect
    Quote from: Hudson on Aug 16, 2014, 04:18:49 AM
    Quote from: Corporal Hicks on Aug 15, 2014, 10:46:21 AM
    Quote from: Hudson on Aug 15, 2014, 06:11:42 AM
    Quote from: Corporal Hicks on Aug 13, 2014, 07:08:17 AM
    Quote from: Darkness on Aug 12, 2014, 07:14:06 PM
    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
  7. 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.
  8. Hudson
    Quote from: Corporal Hicks on Aug 15, 2014, 10:46:21 AM
    Quote from: Hudson on Aug 15, 2014, 06:11:42 AM
    Quote from: Corporal Hicks on Aug 13, 2014, 07:08:17 AM
    Quote from: Darkness on Aug 12, 2014, 07:14:06 PM
    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.
  9. Corporal Hicks
    Quote from: Hudson on Aug 15, 2014, 06:11:42 AM
    Quote from: Corporal Hicks on Aug 13, 2014, 07:08:17 AM
    Quote from: Darkness on Aug 12, 2014, 07:14:06 PM
    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.
  10. Hudson
    Quote from: Corporal Hicks on Aug 13, 2014, 07:08:17 AM
    Quote from: Darkness on Aug 12, 2014, 07:14:06 PM
    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.
  11. skull-splitter
    QuoteMakes 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.
  12. PRI. HUDSON
    Quote from: Darkness on Aug 13, 2014, 07:27:29 PM
    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.
  13. 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.
  14. 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...
  15. Vrastal
    Quote from: Corporal Hicks on Aug 13, 2014, 07:08:17 AM
    Quote from: Darkness on Aug 12, 2014, 07:14:06 PM
    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?
  16. Inverse Effect
    Quote from: acrediblesource on Aug 12, 2014, 10:10:17 PM
    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
  17. 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.
  18. 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.
  19. SM
    Quote from: windebieste on Aug 13, 2014, 01:44:06 AM
    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.
  20. 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.

  21. 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/

  22. 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.
  23. 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.
  24. 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.
  25. 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."
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