After SEGA confirmed earlier this month that Aliens: Colonial Marines Wii U was canceled, we thought that might be the last we'll hear of the Gearbox's unfortunate mistep. Well, turns out that's not so, because someone was upset enough by the final product that they decided to file a lawsuit against both the developer and publisher.
The suit was filed yesterday in the Northern District of California court by Edelson LLC on behalf of one Damion Perrine. The issue? False advertising.
His claims are not completely baseless. Perrine claims that Gearbox and SEGA falsely advertised Aliens by showing demos at E3 and PAX that differed greatly from the final product. Basically, early previews were not accurate representations of the final game, from graphics to A.I. behavior.
The suit states that pre-order and early buyers had no way of knowing these differences either, what with press reviews being embargoed until the morning of release, February 12. As such, Perrine is seeking damages for anyone who bought the game on or before February 12.
An excerpt from the claim reads:
"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. 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."
No word yet on what SEGA and Gearbox will do in response. Neither company has released a statement yet.