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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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23. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 10:59 Cutter
 
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.
 
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22. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 10:49 Verno
 
Yeah I don't think they will have any luck with the lawsuit itself though I do like the idea of someone holding them accountable for that whole fiasco in general. That said I bought many shitty games over the years (fuck you Brink) and you just take it as lesson learned and try not to give that company your money again unless they really earn it.  
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21. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 10:39 NKD
 
False advertising lawsuits are pretty difficult to win in the US. Good luck with that.  
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If you don't like where gaming is heading, stop giving your money to the people who are taking it in that direction.
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20. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 10:19 Quinn
 
Exactly, SpectralMeat. Like you, I never understood ahy people pre-order games -- sometimes months/years before release! It's not like they get out of stock, are cheaper as pre-orders, or that the pre-order bonus is anything interesting. Hell, most of the pre-order bonusses completely RAPE the difficulty balance and fun, because, for example, most of the early loot you find will be useless because of the imba bonus items.

Regarding A:CM.. the joke is on the people. Completely on the people. I already knew the game would be a fcking flop judging the misrepresenting trailers.

Stop pre-ordering and pull your biased head out of your ass. This way you won't waste money on a game that will surely suck.
 
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19. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 10:15 Slashman
 
SpectralMeat wrote on May 1, 2013, 10:07:
eRe4s3r wrote on May 1, 2013, 10:05:
Here is a way to fix this: You wanna release a game on Steam or in any other store, unrestricted reviews have to be allowed -1- week before release. Problem solved.
How about stop preordering games? Problem solved?
What's the point of preordering anyways? Are the digital copies going to run out or something?
Unless you are absolutely certain the game will be amazing and you won't have regrets after buying it, do not preorder games

There is some wisdom here. You have to be really sure about a game before you throw money into a pre-order. There are only a few games that I've ever pre-ordered. They were either from devs that I trust implicitly or so cheap as to not leave me bitter if they turned out to be less than stellar.

These days, waiting is actually a boon. Even if the game is great, patches a week or two after release generally make them even better. If you can wait a month or so, then better still.
 
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18. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 10:15 Wallshadows
 
This is going to be awesome.  
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17. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 10:13 Mad Max RW
 
Whiskers wrote on May 1, 2013, 09:26:
Ugh...this lawsuit is dumb. I don't like my hamburger from burger king. Sue them! I don't like the video game I bought. Sue them! There is no "satisfaction guaranteed or your money back" sticker on a video game.

Who buys fast food expecting a delicious 5 star gourmet meal? Because that's how ACM was advertised right up to the day of release. And they delivered a rotting mouse inside a green bun.
 
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16. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 10:13 KilrathiAce
 
Stop buying gearbox games and problem solved but no people are just not wise enough and gonna fall to hype over and over without thinking or caring if something they buy is good or not  
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15. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 10:12 eRe4s3r
 
A solution fixes a problem that can be fixed. Fixing humans is impossible. They are a broken by design product.  
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14. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 10:10 Beamer
 
Kajetan wrote on May 1, 2013, 09:59:
Whiskers wrote on May 1, 2013, 09:26:
It's not the company's fault he didn't wait for reviews, read the 1,000's of horrible post all over the internet stating all of these things that were out 30 seconds after the game was released, and the countless videos showing what the game "really" looked like.
No, the company isnt to blame. Of course not ... false advertising is just a minor slipup between gentleman. No need to bother at all.

And how do you prove it's false advertising and that Gearbox didn't have that better looking version up and running (as it seems they did) and have to pull it and cobble some crap together in order to get something released (which it also seems they did.)

Seems absolutely 100% certain that Gearbox planned to release what they showed. They were just too stupid to realize that had zero chance of happening.

Again, stupidity isn't always something you can sue against.
 
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13. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 10:07 SpectralMeat
 
eRe4s3r wrote on May 1, 2013, 10:05:
Here is a way to fix this: You wanna release a game on Steam or in any other store, unrestricted reviews have to be allowed -1- week before release. Problem solved.
How about stop preordering games? Problem solved?
What's the point of preordering anyways? Are the digital copies going to run out or something?
Unless you are absolutely certain the game will be amazing and you won't have regrets after buying it, do not preorder games
 
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Steam: SpectralMeat
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12. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 10:06 nin
 
eRe4s3r wrote on May 1, 2013, 10:05:
Here is a way to fix this: You wanna release a game on Steam or in any other store, unrestricted reviews have to be allowed -1- week before release. Problem solved.

Never going to happen, but I do like the idea.

 
http://store.nin.com/index.php?cPath=10
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11. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 10:05 eRe4s3r
 
Here is a way to fix this: You wanna release a game on Steam or in any other store, unrestricted reviews have to be allowed -1- week before release. Problem solved.  
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10. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 10:01 wtf_man
 
From Rock Paper Shotgun:
the suit alleges that the review embargo lifting on the same day that the game was released meant that people who bought it before then would have no inclination that the demonstrations would not resemble the final game.

...The suit is seeking damages for people that bought the game before the release date.

There might be some teeth in the suit after all. Not much... but some. Definitely enough to run up attorneys fees for Sega and Gearbox.
 
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9. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 09:59 Kajetan
 
Whiskers wrote on May 1, 2013, 09:26:
It's not the company's fault he didn't wait for reviews, read the 1,000's of horrible post all over the internet stating all of these things that were out 30 seconds after the game was released, and the countless videos showing what the game "really" looked like.
No, the company isnt to blame. Of course not ... false advertising is just a minor slipup between gentleman. No need to bother at all.
 
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8. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 09:43 ViRGE
 
You'll get no objection out of me that A:CM was an incredibly disappointing game. But this lawsuit is absurd.  
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7. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 09:28 SpectralMeat
 
Good luck with that one.  
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6. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 09:26 Whiskers
 
Ugh...this lawsuit is dumb. I don't like my hamburger from burger king. Sue them! I don't like the video game I bought. Sue them! There is no "satisfaction guaranteed or your money back" sticker on a video game.

No one forced this idiot to buy the game. It's not the company's fault he didn't wait for reviews, read the 1,000's of horrible post all over the internet stating all of these things that were out 30 seconds after the game was released, and the countless videos showing what the game "really" looked like. There have been hundreds of games over the years that look cool in the previews and suck when they are released. It happens. Next people will start suing movie companies because the trailer falsely advertised the point of the film or showed all the funny parts already.

This suit should be thrown out and the plaintiff kicked in the balls for good measure. And then kick Gearbox in the balls to make it even.
 
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5. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 09:26 Verno
 
I hope this whole thing serves as a cautionary tale to both developers and publishers that they shouldn't just shove something out the door for the sake of shipping it. Sunken cost fallacy and all that, the bad press and negative associations here were not worth the meager sales.  
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4. Re: Aliens Colonial Marines Lawsuit May 1, 2013, 09:17 wtf_man
 
Usually most are bashing the idiot that dares to sue a game company. This time, I guess we're rooting for the "alleged idiot"... even though we don't think He can win.

Since it's only one plaintiff... they might just settle out of court to avoid even more bad press. But then again... that might encourage others to sue too.

In this case, I'm glad someone had the balls to do it, though.
 
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63 Replies. 4 pages. Viewing page 3.
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