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Aliens Colonial Marines Lawsuit

Perhaps inevitably, SEGA and Gearbox Software are named as defendants in a lawsuit over Aliens: Colonial Marines, the movie-based first-person shooter that met with a good deal of discontent after its recent release (thanks durandal). Polygon reports the suit was filed in the Northern District of California court by law firm Edelson LLC on behalf of plaintiff Damion Perrine, saying the game was falsely advertised. SEGA Europe has already received a scolding over how the visuals in the game did not live up to what was shown in prerelease trailers, and now this is being taken to the courts in the U.S. They offer the following excerpt from the court papers:

"Each of the 'actual gameplay' demonstrations purported to show consumers exactly what they would be buying: a cutting edge video game with very specific features and qualities," the claim reads. "Unfortunately for their fans, Defendants never told anyone — consumers, industry critics, reviewers, or reporters — that their 'actual gameplay' demonstration advertising campaign bore little resemblance to the retail product that would eventually be sold to a large community of unwitting purchasers."

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63. Re: Aliens Colonial Marines Lawsuit May 4, 2013, 02:26 Sempai
 
This is good news! Take it to those lying bastard's Damion!  
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62. Re: Aliens Colonial Marines Lawsuit May 2, 2013, 13:17 Porn-O-Matic
 
This is awesome. When developers make the conscious decision to fuck thier customers in the way they did with Aliens Colonial Marines, they need to learn a lesson and take it up the ass in return. The consumer's voice shall be heard!!!  
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61. Re: Aliens Colonial Marines Lawsuit May 2, 2013, 01:43 bigspender
 
i can only hope that this guy wins 100 mil, and then uses it to fund a proper version of the game  
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60. Re: Aliens Colonial Marines Lawsuit May 2, 2013, 01:36 Prez
 
Dev wrote on May 1, 2013, 23:41:
Prez wrote on May 1, 2013, 22:06:
Lawyers love class action lawsuits - they get rich off them while the claimants get shit. Therefore I will NEVER be a part of one. As far as this lawsuit goes, it seems pretty stupid to me. Buyer beware and all that.
Many times you are automatically part of one unless you opt out.

I'm curious, do you opt out of those mailings that sometimes come that say you are in the class of such and such suit, and that they are being settled?

For instance, that buy.com suit about the "original" internet price mistake, they sent out I think $90 checks over that. Anyone who bought that monitor was automatically part of that class action suit unless they specifically opted out.

There was recent a dell california settlement where they charged tax on things they weren't supposed to tax, so the california state tax board was going to refund some tax back to consumers. Would you have opted out of a bonus tax refund on a settlement like that thats coming from the state? I got mailings about over $100 to be refunded to me.

In each of these kinda class action settlements, they usually mail out stuff saying that you can opt out (generally so one can sue on their own instead of being part of the settlement), or you can remain silent and get the settlement proceeds.

These are probably rare examples where claimants actually got something worthwhile, but I'm still wondering about what you mean. Do you mean no active participating with you going to lawyers? Do you mean you won't even take automatic settlements where they mail you a check? Do you mean you sent out a snail mail letter to opt out of those things in the mail?

Just some random thoughts, and wondering if you could elucidate

I think I got a mailer once back when there was supposed to be some suit brought against the music industry for price gouging on cd's, but other than that I don't remember any. I know I certainly never got a check mailed to me for being part of any suit, willfully or otherwise. Generally I will not actively allow my name be used in any suit that is just going to make lawyers rich(er), though I can't say with 100% certainty my name has been tagged onto one here or there because I failed to opt out since I spend a lot of time drunk, high, or otherwise oblivious.

I tend to be very anti-litigious anyway; many of the lawsuits I see brought to court make me sick. Our system was never intended to be used in the manner in which it is abused nowadays thanks to unscrupulous blood-sucking lawyers and bottom-feeding greedy bastards who are just looking for their free ride. I would opt out of anything related to the sort of crap in this lawsuit against Sega since it seems altogether frivolous to even bring one over a goddamn videogame.

This comment was edited on May 2, 2013, 01:45.
 
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59. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 23:41 Dev
 
Prez wrote on May 1, 2013, 22:06:
Lawyers love class action lawsuits - they get rich off them while the claimants get shit. Therefore I will NEVER be a part of one. As far as this lawsuit goes, it seems pretty stupid to me. Buyer beware and all that.
Many times you are automatically part of one unless you opt out.

I'm curious, do you opt out of those mailings that sometimes come that say you are in the class of such and such suit, and that they are being settled?

For instance, that buy.com suit about the "original" internet price mistake, they sent out I think $90 checks over that. Anyone who bought that monitor was automatically part of that class action suit unless they specifically opted out.

There was recent a dell california settlement where they charged tax on things they weren't supposed to tax, so the california state tax board was going to refund some tax back to consumers. Would you have opted out of a bonus tax refund on a settlement like that thats coming from the state? I got mailings about over $100 to be refunded to me.

In each of these kinda class action settlements, they usually mail out stuff saying that you can opt out (generally so one can sue on their own instead of being part of the settlement), or you can remain silent and get the settlement proceeds.

These are probably rare examples where claimants actually got something worthwhile, but I'm still wondering about what you mean. Do you mean no active participating with you going to lawyers? Do you mean you won't even take automatic settlements where they mail you a check? Do you mean you sent out a snail mail letter to opt out of those things in the mail?

Just some random thoughts, and wondering if you could elucidate
 
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58. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 23:34 Creston
 
Krovven wrote on May 1, 2013, 18:21:
With that said Anno games to me seem to thrive on efficient placement of resource buildings that ultimately means separating all resource and building types, thus not having an intermixed city at all.

The cool thing about Anno is that both approaches work, and both really are about equally valid. I quickly started doing the (as I call it) Production Central approach, where you ship every resource in the game to one island, put every single production factory there, and supply all your cities from there. The benefit is that it's easy to find where you put those electronics factories, and it's a cinch to see if a production line is breaking down, plus the really late-game high-end products are easy to produce as well, since you already have all the resources on this one island, thus all you need to do is plonk down some factories that produce the end product.

The downside of this approach is that you're going to be running an incredible amount of trade ships, often duplicating similar routes, just to ship this incredible volume of stuff around, and it can be very tough to judge how much you need to produce to fulfill a need, and you'll typically wind up overproducing a huge amount of goods, even those which sell for peanuts and are really of no value.

Putting factories on the city islands themselves means fewer trade routes and less overproduction, but it becomes more difficult to keep track of all of it unless you use a Statistics Building (which is a DLC thing), and of course you do have to deal with quite a lot of pollution issues (though only the Ecos really care about those.)

One thing to be very careful of with a Production island is to not let your eco balance go below -300 or so. Once it does, the game starts getting a chance to spawn tornadoes, and on medium or hard, they are fucking terrible things to have happen to you. I've literally lost an entire island city to a single tornado, plunging my entire empire into a 5000 credits per tick deficit. It was not a fun time rebuilding all that, especially since the fucking thing had also taken out three of my trade ships, and I didn't realize that until people were abandoning cities in droves because I wasn't feeding them...

Creston
 
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57. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 23:26 Dev
 
Cutter wrote on May 1, 2013, 10:59:
It's likely they're not looking to get rich on this but punish Sega/Gearbox and open the way more easily for a class-action suit. Let's hope they win.
Depends if sega/gearbox bothered to put in the EULA that bit that everyone is putting in about not being able to do a class action. If they did, then the judge might throw it out and tell him to goto arbitration. That might happen anyway, since this was filed in last couple days, its too early to tell what might happen.
 
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56. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 23:22 Creston
 
Verno wrote on May 1, 2013, 16:31:
I never played the Caesar games, are they much more technical than SimCity games? I'm wondering whether I should pick up Anno or not.

A lot of Anno (2070 at least, no idea if it's the same in the old ones) is about building production chains, rather than building cool cities. The cool cities part is in there too, and if you get all the DLC when it's on sale, you definitely have a lot of bling that you can place around to make things look really awesome, but the heart and meat of it is really "Your people need X amount of this product, which requires Y and Z amounts of this other product and X/Y/Z amounts of factories to make. Make it." Then when you've made that, and you expand your population, your production chain is underproducing and you need to expand the production chain, but the island you put it on is already full, so you need to expand to another island, and create new trade routes, etc.

If you then take into account that there are four stages for the Eden and Tycoon people, (2 for the Techs, or 3 if you get Deep Ocean, which is absolutely recommended) and each stage has two product needs in addition to the previous stages' needs, and each product has its own production chain, sometimes 3 or 4 products large, you can see that a large part of your time is spent building production chains. (and it honestly can feel overwhelming at first, especially because you need to produce all the building materials too, and then you're building on an island somewhere, and every single time you are like 5 tons of Tools short to build that one last thing, and you have to haul that there manually, and it can be a bit frustrating at first, until you learn to just automate all that stuff by setting up a trade route that supplies all your locations with building materials.)

Not to say that creating production chains is boring, however. I personally really enjoy it, because it has an almost Tetris-like quality to it to build these chains, since a lot of production plants have fields that need to placed within a certain radius of the plant itself, (and within radius of a depot and connected to a road) and they are all different shapes and sizes, so getting them all to fit on the quirky islands can be quite challenging and fun.

Once you've got your civilization up to level 4 and are providing them with all the stuff they want, however, you can start doing major remodelling works (or just colonizing a new island) and build it with everything possible from the start, which is just cool and can lead to pretty cool cities.

I'm really quite proud of how my latest Tycoon city turned out; it has a cool corporate feel to it, very regimented, very structured, neat little rows, all extremely functional which fits entirely with the idea of Global Trust.

I'm not really very good at creating Eco cities. I have these organic cities in my mind, but I can never really manage to get them created and they always just turn into semi-weird Tycoon cities anyway. Although I did kinda like the way this particular mini-city around the Eden Monument turned out.

It's quite a different game from Tropico, but it's very engrossing and time-consuming. I'm approaching 400 hours in it, so... I definitely recommend it, but you do have to enjoy the economical aspect of games like these, because that's by far the most important thing in Anno, with the building coming in second. (and the RTS stuff a far, far distant third. It's really pretty weak, to be honest. The AI players are literally the dumbest RTS AI ever programmed and pose absolutely zero challenge.)

Creston

This comment was edited on May 1, 2013, 23:27.
 
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55. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 23:08 Verno
 
Krovven wrote on May 1, 2013, 18:21:
Best to watch the gameplay videos of it to answer that question. I don't know how accurate my explanation would be, as I don't really dive into the intricacies of Sim building games.

With that said Anno games to me seem to thrive on efficient placement of resource buildings that ultimately means separating all resource and building types, thus not having an intermixed city at all. So as someone said, you are building an empire, not a city. The island maps of Anno lends itself to this design, and it's not necessarily a bad thing. It's just different. It's not totally like the Caesar games, maybe just moreso with the focus on building the Trade empire, and later on in the game the bit of RTS combat that came into play. There are just more similarities to Caesar, than say SimCity.

Anno 2070 http://www.youtube.com/watch?v=yYFLhADYd3k

Hmm ok, it sounds interesting and I'm watching the video now, I'll probably pick it up, thanks man!
 
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54. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 22:06 Prez
 
Lawyers love class action lawsuits - they get rich off them while the claimants get shit. Therefore I will NEVER be a part of one. As far as this lawsuit goes, it seems pretty stupid to me. Buyer beware and all that.  
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53. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 20:02 RaZ0r!
 
Blackhawk wrote on May 1, 2013, 15:18:
ViRGE wrote on May 1, 2013, 11:01:
Cutter wrote on May 1, 2013, 10:59:
It's likely they're not looking to get rich on this but punish Sega/Gearbox and open the way more easily for a class-action suit. Let's hope they win.
But who does a class action suit help? It doesn't help consumers and it doesn't help publishers.

It may not help anyone involved in this case.

What it could do, however, is show publishers that they're actually liable for claims that they make in the future.

Word
 
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52. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 19:51 Kawlisse
 
Mad Max RW wrote on May 1, 2013, 19:40:
This is great. So it turns out the next DLC was just released in Europe on PSN. Four multiplayer maps for around $8. It takes balls to do that when the playerbase is so miniscule it will only fracture it even further. The same thing happened to AvP3.

I fracking hate DLC'S and a DLC for this crap of a game is really insulting !!!
 
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51. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 19:40 Mad Max RW
 
This is great. So it turns out the next DLC was just released in Europe on PSN. Four multiplayer maps for around $8. It takes balls to do that when the playerbase is so miniscule it will only fracture it even further. The same thing happened to AvP3.  
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50. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 18:21 Krovven
 
Verno wrote on May 1, 2013, 16:31:
I never played the Caesar games, are they much more technical than SimCity games? I'm wondering whether I should pick up Anno or not.

Best to watch the gameplay videos of it to answer that question. I don't know how accurate my explanation would be, as I don't really dive into the intricacies of Sim building games.

With that said Anno games to me seem to thrive on efficient placement of resource buildings that ultimately means separating all resource and building types, thus not having an intermixed city at all. So as someone said, you are building an empire, not a city. The island maps of Anno lends itself to this design, and it's not necessarily a bad thing. It's just different. It's not totally like the Caesar games, maybe just moreso with the focus on building the Trade empire, and later on in the game the bit of RTS combat that came into play. There are just more similarities to Caesar, than say SimCity.

Anno 2070 http://www.youtube.com/watch?v=yYFLhADYd3k

 
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49. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 16:31 Verno
 
I was a bit miffed at the value proposition in Tropico 3 vs 4 but once I got over that I ended up enjoying it as much as the older one. You can get it super cheap these days too, it's a real bargain compared to SimCity. It's bizarre that such a little game can get a basic gameplay concept right (the agent system) while SimCity totally screws it up. Tropicos iteration is very basic using templates but the game also functions properly soooo

I never played the Caesar games, are they much more technical than SimCity games? I'm wondering whether I should pick up Anno or not.
 
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48. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 16:28 Creston
 
Krovven wrote on May 1, 2013, 15:23:
On a related note: I bought Tropico 4 Collection on GMG for $10 and it's exactly what the doctor ordered to fill the SimCity void. I also have Anno 2070, but it's more like the Caesar games (throw in some naval RTS combat and trading), where Tropico is more SimCity style.

Yeah, Anno is more of a financial empire builder. Tropico just gives you a ton of cool buildings to plonk down wherever you want to in the vague context of some missions. (Which are typically: Build this building) Either one, however, is infinitely more worthy of anyone's money than the utterly, utterly broken Sim City.

Creston
 
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47. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 16:19 Verno
 
I realize I'm probably in the minority, but D3 wasn't a debacle in my opinion. They had issues for the first day (which a lot of game have). Sim City over a month later is still completely broken. People still have never gotten some of their cities back, some still losing cities. As people lose cities and abandon the game, it breaks regions which fucks over any other player in that region. The Ai is still badly broken and their 2.0 patch created more bugs than it fixed. I really wanted to be enticed to get SimCity, but I luckily didn't bite on pre-ordering that one.

I'd consider Diablo 3 was more of a design debacle with great production values than anything else. Its launch day issues were certainly annoying but relatively minor compared to SimCity, people were more upset about the features in the long run. I give Blizzard kudos though, rain or shine they behind their products and things seem to be going in a positive direction now that they have competition from POE and have a new producer at the helm. That said, I agree that it was nowhere near the same situation as SimCity which is an inherently fucked game with little redeeming value and has an unsupportive parent company behind it. In many ways the shitty SimCity launch actually hid what a broken piece of crap the game is so EA is almost lucky for having screwed the pooch there.

A:CM falls somewhere in between, it shipped in a very poor state without much play testing and has numerous design flaws. My buddy tells me the co-op is fun but literally almost anything is fun with friends + beer so I need more than that from my games these days with so many great ones to choose from. I'm happy some people who spent money on it found some redeeming value though, it sucks when people get burned. To be fair to Gearbox/Sega, at least it is getting patched although I'm not sure some aspects can really be fixed by patch alone.

Anyways it sucks that the Alien license can't seem to climb out of this hole, it's one of my favorites

This comment was edited on May 1, 2013, 16:29.
 
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46. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 15:23 Krovven
 
thestryker wrote on May 1, 2013, 15:02:
Not to mention debacles like d3 and sim city haven't really deterred people

I realize I'm probably in the minority, but D3 wasn't a debacle in my opinion. They had issues for the first day (which a lot of game have). Sim City over a month later is still completely broken. People still have never gotten some of their cities back, some still losing cities. As people lose cities and abandon the game, it breaks regions which fucks over any other player in that region. The Ai is still badly broken and their 2.0 patch created more bugs than it fixed. I really wanted to be enticed to get SimCity, but I luckily didn't bite on pre-ordering that one.

On a related note: I bought Tropico 4 Collection on GMG for $10 and it's exactly what the doctor ordered to fill the SimCity void. I also have Anno 2070, but it's more like the Caesar games (throw in some naval RTS combat and trading), where Tropico is more SimCity style.

D3, I've played for hundreds of hours, have all 5 classes to lvl 60 and still play off and on, and will continue to for a long time. I have not had any major problems with the game since the first few hours of launch day/night.

 
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45. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 15:18 Blackhawk
 
ViRGE wrote on May 1, 2013, 11:01:
Cutter wrote on May 1, 2013, 10:59:
It's likely they're not looking to get rich on this but punish Sega/Gearbox and open the way more easily for a class-action suit. Let's hope they win.
But who does a class action suit help? It doesn't help consumers and it doesn't help publishers.

It may not help anyone involved in this case.

What it could do, however, is show publishers that they're actually liable for claims that they make in the future.
 
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44. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 15:13 DangerDog
 
Those fast food ads don't have "100% actual product shown" plastered across the screen, most of the advertisements that SEGA made for the game did - but it was just that target render footage that Pitchford showed at E3, more like 100% bullshit footage.  
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