Neoseeker : News : Gearbox Software and SEGA sued over Aliens: Colonial Marines false advertising
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Raijin1999 May 1, 13
Funny how there was never any more content for ACM and it's 'season pass'. That should probably be another lawsuit right there.

In this day and age the gaming business has modeled itself after the movie business, and as such these reviews are all the more meaningful to attract potential buyers. Now you can either treat gamers as a bunch of neckbeards that aren't worthy of any dignity, like Gearbox and Sega, or you can actually thank them for the support and hard earned cash they sacrifice for these titles that many help sell by word of mouth and helping the hype train along (free of charge). When the price of a game is six times more than a movie ticket (standard pricing), then when there's hell to pay over false advertising, it needs to make somebody bleed six times the duration.

All in favor of Randy Pitchford's head on a pike?
Aye
Staff
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tekmosis May 1, 13
Yea sure the game sucked but the gameplay demonstrations were only just that. I hope Sega wins this one just on the basis of how retarded the lawsuit is. I'm not surprised this was filed in the US...
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Lorx May 1, 13
quote Saevus
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.
What regulating? Purposefully fancying up a demo as much as possible to ship a subpar game? Sure, I'm okay with that. There's a key difference here from any "beta release, may not look like release candidate" release, GB went out of their way to falsify what the game looked like and acted in order to increase sales. This doesn't stifle experimentation in game design in any way, people can still release whatever they want even if the case wins and sets precedent. All it would mean, is if you're advertising the game, that should be based in what the game actually is.
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BlackScythe May 1, 13
quote Lorx
quote Saevus
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.
What regulating? Purposefully fancying up a demo as much as possible to ship a subpar game? Sure, I'm okay with that. There's a key difference here from any "beta release, may not look like release candidate" release, GB went out of their way to falsify what the game looked like and acted in order to increase sales. This doesn't stifle experimentation in game design in any way, people can still release whatever they want even if the case wins and sets precedent. All it would mean, is if you're advertising the game, that should be based in what the game actually is.
Then the burden of proof falls on the prosecution to proove that they purposely made the early material they showed different from the actual game. Having an early build be in one place and realise "This isn't feasible" and then taking everything down to a lower standard is still going to be very difficult to prove.
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Euphoric May 1, 13
quote Foxtrot
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...
My first thought as well.

Although I'm in the same boat as Saevus, America has continually shot itself in the foot with precedent law. It makes simple little bad choices that lead to horrific ones down the track. Unfortunately, Australia is heading down that path now too. Eugh.
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anacreon May 1, 13
If devs can be sued over something like this can I sue Sega for the fact that i reserved Sonic 06 when the end result was more buggy than the demo?
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the_FAMAS_pro May 2, 13
What the *bleep*ing *bleep*?
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AkaiEdge May 2, 13
Should've sued Bungie over Halo 2 if this is a problem.

Because the demo video for Halo 2 which was included on Halo: Combat Evolved featured a mission with more NPCs(wounded, fighting off on their own, etc.), better(bigger) battles(shooting down, a better map and brutes that would hijack your vehicle.

Anyhow, I hope this goes through.
Game developers shouldn't be immune to punishment for false advertisement.
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lKasHl May 2, 13
I think he has a valid argument in that it was represented as gameplay as opposed to a tech demo and the press were restricted from reporting prior to launch date, could be interpreted by the courts as deliberately altering the circumstances with the intent to mislead customers.

At the same time though, there would likely have been a disclaimer somewhere that stated that finalised gameplay would possibly differ from the presented gameplay or the argument that its common practice and expected that video games differ from early demos can be raised,

quote Saevus
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.
Even if it succeeds its highly unlikely that there will be any form of regulation implemented due to the subjective nature of evaluating a video game, the volatility of gaming trends and also the fact that preordering is assumed to have inherent risks by virtue of its function. I just see a few added disclaimers on trailers and a line of extra fine print on preorders (unless its already there). No big deal.
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Fairy Girl May 3, 13
Gearbox deserves it. Pitchford had used all the money SEGA gave him to develop Aliens to develop Borderlands 2, and then outsourced it to TimeGate, made a bunch of fake demo videos to please SEGA and fans, and finally pointed the fingers at both SEGA and TimeGate when the truth finally came out. The proof is out there for all to see, and yet Gearbox continues to deny everything. I don't even recall them releasing an official apology.

As a result, my respect for Gearbox is literally on the same level as EA right now. I was originally going to buy Borderlands 2, but not anymore. I'm with everyone else when I hope that the person who is suing wins this.
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Rendan May 3, 13
Well I'm just glad I didn't waste my money on the game.....
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