Neoseeker : News : Gearbox Software and SEGA sued over Aliens: Colonial Marines false advertising
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Yay4sean Apr 30, 13
Ehh, I do not believe this is worthy of a lawsuit. That's like suing movie people for having something (a scene?) in their advertisement that wasn't in the movie. I realize it's a demo, but that is NOT the final product. (Usually it's supposed to get better than the demo!!)

I understand there must be a lot of disappointed/upset people because of the game, but you really can't just sue them over it. If you back something (on Kickstarter or Indiegogo) and the final product is a lot worse than they said in the video, that's just how it goes. As much as that might bother you, it's a stretch to call it "fall advertisement"...
Last edited by Yay4sean :: Apr 30, 13
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BlackScythe Apr 30, 13
Err... I can kind of understand it but this is literally a situation I view as a "slippery slope". This happens frequently in media, what about a good half or more of the movies come out and seemingly every good scene has already been shown in the comercials?

Would that count as false advertisement given that the rest of the movie can't match up to what is advertised?

They might settle out of court just to avoid bad press... really not sure. I mean this just seems like such a legal strech and I have a hard time imagining any judge wanting to make this precident. It's not false advertising unless you blantantly lie pretty much, I don't feel any such claims were made to reach that mark.
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DragonSlayer45 Apr 30, 13
While I am pissed this game ended up being much more than a total disappointment, and was a total piece of *bleep*, I can name a ton of games that didn't pan out the way they were showed.

Even so, the colossial difference in the demos might be pretty damning against Gearbox and SEGA. To be honest, I don't know what I think of this.
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Foxtrot Apr 30, 13
There was that one guy that got his movie ticket refunded when he complained that an explosion in the Jack Reacher trailer didn't make it into the actual movie. If that's the bar, then this...
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Ncjpr1993 Apr 30, 13
This really isn't worthy of a lawsuit IMO. I didn't buy the game, but I had my skepticism and gave it time to reach a more finished state before deciding I didn't want it. It's buyer's discretion, not the developers fault. If lawsuits could be filed against any such case of "false advertisement", a countless number of developers would be in a lot of trouble. Also, Bioshock: Infinite gets released with no comment about the changes from the 2011 E3 stage demo, and why? Because the finished product was good enough for most? This is essentially the same deal.
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ashantiqua Apr 30, 13
I dont think this guy is suing because he just didnt 'like' the game, but because it has missing 'features', like high-level ai.

Probably a bit hard to prove, but if hes right, thats sort like preordering a movie ticket to see a film with sean connery as the protagonist, and then without telling anyone the protagonist is switched to nicolas cage.
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Yay4sean Apr 30, 13
quote ashantiqua
I dont think this guy is suing because he just didnt 'like' the game, but because it has missing 'features', like high-level ai.

Probably a bit hard to prove, but if hes right, thats sort like preordering a movie ticket to see a film with sean connery as the protagonist, and then without telling anyone the protagonist is switched to nicolas cage.
Didn't they play in a movie together once?
Anyway, since "high level AI" is sort of subjective, I do not think it counts as a feature. Like, if you say your game has 50 levels and it has 10, then that could be considered false advertisement, but if you say your game has good AI and a large amount of people think it's bad AI, then it isn't really "lying" to say the game has good AI. It all depends on your standards and what you consider "good".

They may have needed to change the AI to accommodate for something else in order to complete the game. That's just the way it is. They may have known that they wouldn't have the same AI, in which it's bad morally, but not really illegal I guess...
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Phil Anselmo Apr 30, 13
Good. Maybe if this is successful it'll put companies on notice that this type of bullshit isn't acceptable.
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Coi Cki May 1, 13
I got ACM while it was on sale in the PS Store. It's not a good game, and I knew that when buying it, but I needed a closure.

As for this lawsuit, the end product is a lot worse than what was shown prior to release. The game was released when it was, as it was, because of SEGA would've sued Gearbox if they would've delayed any further. In the end, I hope that SEGA will supervise the development of their franchises in the future. Shoveling money at the developer isn't enough, if they don't bother to see that the cash goes into development of the game.
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Lorx May 1, 13
I guess I can see this going either way. Video games are not something courts are really known to...know, so the judge/jury/etc and their level of knowledge may end up being the deciding factor in the case.

The guy's not suing because modern features weren't there, or because he didn't like it. He's suing specifically because Gearbox went out of their way to falsify gameplay, aka false advertising. The features he lists are pieces of the "what", not so much the "why".

Really I hope he wins this. It'll set a nice line for companies down the road. If he loses we may just see this dance all over again sometime down the line.
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Solid-Snack May 1, 13
colonial marines was a flop...one of the worst fps games ive ever played
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Coi Cki May 1, 13
It would've been so much better if Gearbox would've given it the love they said they would. "We're fans of the franchise and want to bring you the best Alien experience ever." What they did, is get the development contract from SEGA, reel in the cash and shove the project to other companies..
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THM May 1, 13
Gearbox is going downhill!!!!
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Saevus May 1, 13
frivolous, headline grabbing, and insipid. meaning it fits right in to the american legal system.
quote Lorx
Really I hope he wins this. It'll set a nice line for companies down the road. If he loses we may just see this dance all over again sometime down the line.
the only punishment should be rock-bottom sales for this garbage game. obtuse legislation from the completely wrong institution to be administering it for an industry that is the last that needs regulating is not a great road to be going down. i think you're extremely short-sighted in hoping for this.
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