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Gearbox Fights Aliens Lawsuit

Gearbox Software has filed motions to have claims dropped against them in a class-action suit over false advertising of advertised Aliens: Colonial Marines, reports Polygon, adding that another motion was filed requesting to remove the suit's class-action status. They argue that as the developer they should not be held accountable for the game and its marketing, which were the responsibility of publisher SEGA. The suit also alleges Gearbox steered development funding for Aliens: Colonial Marines, while the motion states that Gearbox supported development of the game with millions of dollars of their own money, which was never repaid. The story also includes word that this suit might have been settled a month ago with Gearbox dropped from the proceedings, except one of the plaintiffs could not be located to approve. It was later learned this was because he was incarcerated in Pennsylvania.

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32. Re: Gearbox Fights Aliens Lawsuit Aug 2, 2014, 15:50 nin
 
Fantaz wrote on Aug 1, 2014, 18:28:
never buying another Gearbox game...

Borderlands 2 does seem more and more like the flash in the pan for them...

 
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31. Re: Gearbox Fights Aliens Lawsuit Aug 2, 2014, 12:21 Redmask
 
Gearbox also participated in the marketing of the game so I don't know how they're trying to put that all on Sega.  
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30. Re: Gearbox Fights Aliens Lawsuit Aug 1, 2014, 18:28 Fantaz
 
never buying another Gearbox game...  
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29. Re: Gearbox Fights Aliens Lawsuit Aug 1, 2014, 12:16 Beamer
 
Wesp5 wrote on Aug 1, 2014, 08:07:
Creston wrote on Jul 31, 2014, 22:47:
There is a marked difference between what someone expects and what someone is promised.

I agree. I find it quite interesting that so many people complain about minor differences in the ACM trailer compared to the game, but nobody much did the same when Bioshock: Infinite showed a whole sequence that never made it into the game and looked much better than the final game itself too. I guess because ACM itself was a bad game, people just stick to it!

How long before launch was the BioShock Infinite sequence shown?

That's the big problem with these things - games change, sometimes on rapid swings several times in one day, even in the final two or four months. Entire sequences get cut. Entire features get cut. New shaders are added or removed. If something is shown at E3, it may disappear by a November launch.

This is a big part of the reason why Valve says nothing and shows nothing until it's all basically set in stone. We get zero communication from them, but then we also don't get something that eventually disappears. That happened with HL (Mr. Friendly and Nemotoads), happened with HL2 (whatever that tentacle was), and happened with TF2 (which is an entirely different game.) Everything else has been hush-hush.

What Randy ultimately did was scummy. It changed, due to his mismanagement of the outsourced team. It was not what they showed (but friends at Gearbox tell me that what they showed was what they had at the time.) Was the launch trailer using the old footage or the new footage? I think that's the big question. Something changing from E3 to launch shouldn't be a suable offense. We really don't want that precedent if we want to see things at E3. But if the launch trailer wasn't the launch title, then I can see an argument.

As for a class action, if the launch trailer and the E3 trailer were different, how? No one should buy based on an E3 trailer. Ever. And the amount of people buying the game that saw the E3 trailer are probably minimal compared to the amount that bought the game without seeing the E3 trailer. The lawsuit makes complaints about E3 and PAX. Sorry, those aren't launch trailers.

As for scenes being in trailers and not in the game, are we going to sue Twister for not having a flying cow?
 
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28. Re: Gearbox Fights Aliens Lawsuit Aug 1, 2014, 12:13 eRe4s3r
 
Creston wrote on Aug 1, 2014, 11:30:
eRe4s3r wrote on Aug 1, 2014, 00:55:
How do you propose someone defends against a situation where he's put in jail because of a false judgment? By hoping?

1) Class action lawsuits are civil suits. Someone being put in jail is a criminal suit.

2) Fighting against a criminal suit that wrongly put you in jail is done through an appeals process, so it is considered part of the original criminal suit. This isn't the same as starting/joining a new (civil) suit.

Ergo, Latin, you're comparing apples and chunks of coal.

That said, it seems there's no difference as far as most states are concerned.

Well, granted it was a really bad comparison, but for both civil and criminal justice systems you need a lawyer, and thus you need to be allowed to take a lawyer.

No idea really how US system works, but if a civil lawsuit goes like this because they can't deliver a LETTER to someone in prison then it seems the justice system has worse problems than just bad postal service.
 
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27. Re: Gearbox Fights Aliens Lawsuit Aug 1, 2014, 11:36 Creston
 
Wesp5 wrote on Aug 1, 2014, 08:07:
Creston wrote on Jul 31, 2014, 22:47:
There is a marked difference between what someone expects and what someone is promised.

I agree. I find it quite interesting that so many people complain about minor differences in the ACM trailer compared to the game, but nobody much did the same when Bioshock: Infinite showed a whole sequence that never made it into the game and looked much better than the final game itself too. I guess because ACM itself was a bad game, people just stick to it!

Note that I'm not defending it, as it's blatant false advertising, and quite frankly I really wish that someone/something/whatever would put a fucking stop to it.
 
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26. Re: Gearbox Fights Aliens Lawsuit Aug 1, 2014, 11:33 Creston
 
NKD wrote on Jul 31, 2014, 23:46:
It varies from state to state and on the federal level how much "business" you can conduct while imprisoned, but legal proceedings on behalf of yourself are not considered to be business. You can sue while in jail, and can be sued. It would be a pretty grievous injustice to say that because you are incarcerated for some crime, that you cannot sue over an unrelated grievance you may have with another party. It would be a free for all on anyone incarcerated. Do whatever you want to them or their property, you can't be sued.

Yeah, that's true, and I guess it makes sense from that perspective. I'd have thought class-action lawsuits would be considered different, but apparently not, though it does seem to differ from state to state.

 
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25. Re: Gearbox Fights Aliens Lawsuit Aug 1, 2014, 11:30 Creston
 
eRe4s3r wrote on Aug 1, 2014, 00:55:
How do you propose someone defends against a situation where he's put in jail because of a false judgment? By hoping?

1) Class action lawsuits are civil suits. Someone being put in jail is a criminal suit.

2) Fighting against a criminal suit that wrongly put you in jail is done through an appeals process, so it is considered part of the original criminal suit. This isn't the same as starting/joining a new (civil) suit.

Ergo, Latin, you're comparing apples and chunks of coal.

That said, it seems there's no difference as far as most states are concerned.
 
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24. Re: Gearbox Fights Aliens Lawsuit Aug 1, 2014, 09:18 Dagnamit
 
A class action lawsuit settlement that's derailed because one member couldn't be found to approve doesn't sound like a class action lawsuit. They'll win that motion.  
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23. Re: Gearbox Fights Aliens Lawsuit Aug 1, 2014, 08:07 Wesp5
 
Creston wrote on Jul 31, 2014, 22:47:
There is a marked difference between what someone expects and what someone is promised.

I agree. I find it quite interesting that so many people complain about minor differences in the ACM trailer compared to the game, but nobody much did the same when Bioshock: Infinite showed a whole sequence that never made it into the game and looked much better than the final game itself too. I guess because ACM itself was a bad game, people just stick to it!
 
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22. Re: Gearbox Fights Aliens Lawsuit Aug 1, 2014, 05:08 Armengar
 
That would be criminal law though not civil law.  
Its not the cough that carries you off but the coffin they carry you off in.
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21. Re: Gearbox Fights Aliens Lawsuit Aug 1, 2014, 00:55 eRe4s3r
 
Creston wrote on Jul 31, 2014, 23:17:
NKD wrote on Jul 31, 2014, 23:06:
Creston wrote on Jul 31, 2014, 22:45:
I wasn't aware you could enter into class-action lawsuits from jail.

Why wouldn't you be able to?

Because many of your rights are curtailed or even denied while you are in jail, and it makes little sense that you'd be allowed to sue someone/something while incarcerated.


How do you propose someone defends against a situation where he's put in jail because of a false judgment? By hoping?
 
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20. Re: Gearbox Fights Aliens Lawsuit Aug 1, 2014, 00:41 Sempai
 
To hell with Randy "used car salesman" Pitchford.

To hell with Sega for continuing to be the irresponsible dipshits they are.

And to hell with 20th Century Fox for completely shitting on what was once an amazing franchise.

This, a thousand times. https://www.youtube.com/watch?v=aKnS7CGWNmU
 
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19. Re: Gearbox Fights Aliens Lawsuit Jul 31, 2014, 23:46 NKD
 
Creston wrote on Jul 31, 2014, 23:17:
NKD wrote on Jul 31, 2014, 23:06:
Creston wrote on Jul 31, 2014, 22:45:
I wasn't aware you could enter into class-action lawsuits from jail.

Why wouldn't you be able to?

Because many of your rights are curtailed or even denied while you are in jail, and it makes little sense that you'd be allowed to sue someone/something while incarcerated.


It varies from state to state and on the federal level how much "business" you can conduct while imprisoned, but legal proceedings on behalf of yourself are not considered to be business. You can sue while in jail, and can be sued. It would be a pretty grievous injustice to say that because you are incarcerated for some crime, that you cannot sue over an unrelated grievance you may have with another party. It would be a free for all on anyone incarcerated. Do whatever you want to them or their property, you can't be sued.

Hell, a lot of the time they are suing the prison itself for one grievance or another.

There is nothing you can do in the US that broadly voids your right to file a lawsuit with the courts. You can go murder 500 people and be locked in solitary confinement, and still sue. You can waive your right to sue on an individual basis by agreeing to arbitration, or whatever other clause you agree to in a contract, but it can never be forced upon you.

This is no less true for a class-action where your participation is little more than signing your name initially and then later signing off on a settlement. Though obviously if the lawyer in the class action is unaware that of your change of address to the jail, you will not get the settlement letter.

EDIT: Just to add, every prison system has its own rules regarding visitors and mail and stuff that will make your life easier or more difficult, but your basic rights are still intact. The ultimate trump card is having your lawyer or someone with power of attorney handling stuff on your behalf. Prisons have no say over what your lawyer or PoA can do in your name.

This comment was edited on Aug 1, 2014, 00:03.
 
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18. Re: Gearbox Fights Aliens Lawsuit Jul 31, 2014, 23:20 Prez
 
DangerDog wrote on Jul 31, 2014, 20:30:
This is a "peanut butter not crunchy enough" lawsuit.


I never heard it quite put that way, but yeah, this lawsuit is garbage.
 
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17. Re: Gearbox Fights Aliens Lawsuit Jul 31, 2014, 23:17 Creston
 
NKD wrote on Jul 31, 2014, 23:06:
Creston wrote on Jul 31, 2014, 22:45:
I wasn't aware you could enter into class-action lawsuits from jail.

Why wouldn't you be able to?

Because many of your rights are curtailed or even denied while you are in jail, and it makes little sense that you'd be allowed to sue someone/something while incarcerated.

 
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16. Re: Gearbox Fights Aliens Lawsuit Jul 31, 2014, 23:06 NKD
 
Creston wrote on Jul 31, 2014, 22:45:
I wasn't aware you could enter into class-action lawsuits from jail.

Why wouldn't you be able to?
 
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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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15. Re: Gearbox Fights Aliens Lawsuit Jul 31, 2014, 22:47 Creston
 
bigspender wrote on Jul 31, 2014, 21:03:
I don't like the idea of books/movies/games and other sources of entertainment being sued because they aren't what the customer expected. If people will be too scared to create new content because of litigation that would be awful.

But after that e3-2012 long trailer that showed a completely different game than what ended up being sold. That's a scam.

There is a marked difference between what someone expects and what someone is promised.

Quite frankly, I hope lawsuits like these scare the living piss out of the asshole marketoids at asshole publishers that always make games appear 15 times better-looking and more awesome than they really are.


 
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14. Re: Gearbox Fights Aliens Lawsuit Jul 31, 2014, 22:45 Creston
 
I wasn't aware you could enter into class-action lawsuits from jail.
 
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13. Re: Gearbox Fights Aliens Lawsuit Jul 31, 2014, 22:38 NKD
 
If SEGA chose to falsify advertisements, then that is on them. Making a shitty game isn't fraud. We'll see what happens, but SEGA is a pretty shitty publisher and I wouldn't put it past them for one second. Any developer that gets into bed with SEGA regrets it.  
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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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