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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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79. Re: Aliens: Colonial Marines Lawsuit Responses May 6, 2013, 06:10 Sempai
Jerykk wrote on May 6, 2013, 04:23:
What about the fact that they used E3 footage for their TV commercial AFTER the release though?

TV spots have always been unrepresentative. How many TV spots for a Final Fantasy game have shown actual gameplay? Hell, how many TV spots in general show actual gameplay? 99% of the time, they just show cutscenes.

Marketing has always shown products in an unrealistic and favorable manner. That's what marketing does and E3 is a marketing convention. If you buy a game based on a E3 demo (or marketing in general), you are no in position to cry foul when what you get is less impressive than what was advertised. However, that doesn't make it false advertising. To accuse someone of false advertising, you need objective and quantifiable features that were explicitly advertised but not delivered in the final product. If you bought ACM and got Pong, that would be enough to sue for false advertising. If you bought ACM and got the correct game, only with less impressive graphics and shitty gameplay, that's not false advertising. That's just advertising doing its job and making a product look better than it actually is.

At this point it appears as if you're defending them at any cost.
A shitty game? Sure ok. But a product that resembles nothing of what was advertised to the public many times, and completely broken to boot? It's false advertising.

Hell, Sega publicly admitted it themselves in Europe. via @Polygon
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