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Aliens: Colonial Marines Lawsuit Responses

Kotaku has a response from SEGA to the lawsuit filed against them and Gearbox over differences between how Aliens: Colonial Marines was marketed and how the first-person shooter turned out. They say they cannot comment, and then proceed to comment: "SEGA cannot comment on specifics of ongoing litigation," they tell the site. "But we are confident that the lawsuit is without merit and we will defend it vigorously." They followed this up with a comment from Gearbox, who think it is less than without merit, saying they will defend the rights of entertainers: "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."

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31. Re: Aliens: Colonial Marines Lawsuit Responses May 3, 2013, 14:46 Beamer
DangerDog wrote on May 3, 2013, 14:34:
Attempting to wring a class action lawsuit out of a demonstration is beyond meritless.

but using fake gameplay footage from a demonstration and putting it in marketing videos that had "100% in game footage" text included is deceptive if not false advertising.

we'll see if the judge thinks it's without merit.

How can you prove it was fake gameplay footage?
Obviously if you have internal documents, but the story we've heard is that, at the time, it was absolutely real gameplay footage. But it didn't run well, was optimized only for what they showed, and it was scaled back considerably.

Here's something people seemed to know in the past but have all forgotten: virtually everything you see at E3 is optimized for the specific moment you're seeing and often running on more powerful hardware than it will ever be played on.

Again, this is an extreme example of this, but the general consensus is that, at E3 last year, Gearbox legitimately thought the game would look like that. They then got the outsourced stuff, saw it was crap, made it even worse, and released it.

But it isn't as if they were showing that footage at launch, were they? We were already seeing the footage that looked like garbage.

Gearbox handled this very poorly and deserves all the crap they're getting, but I don't think this can be proven as "illegal" instead of just "inept and shitty," and this is also just another reason why we haven't seen anything about HL3.
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