SEGA made a court filing yesterday in the lawsuit over the marketing of Aliens: Colonial Marines, the poorly received sci-fi first-person shooter. The suit claims the game did not live up to its marketing, and did not visually match what was demonstrated publically before its release, but Gearbox has fought inclusion, laying responsibility of this at the feet of publisher SEGA, even refusing to participate in a settlement to end the legal action. Now Polygon has details on SEGA's rebuttal to this, saying the publisher makes the case that Gearbox boss Randy Pitchford frequently strayed from agreed upon boundaries in discussing the game, showing an internal email fretting "Randy [Pitchford] doing whatever the f*ck he likes," but the context of that mail and several other of their assertions seem to focus on Randy leaking details about the game, not about him talking about features it will not include. The one item on that subject is an email concerning the controversial demo showing at E3 2011 where SEGA producer Matt Powers says he spoke with Gearbox and "verified that the E3 Demo is indeed the bar that we should use to determine where the entire game will be." The filing also refutes Gearbox's contention that they never received any payments tied to the sales of Aliens, saying some of their milestone payments included advance royalty payments. Gearbox's claim that it spent millions of dollars of its own money to complete the game goes unaddressed.
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