Sega And Gearbox Respond To Aliens Class Action Suit
Earlier this week we reported on a class action lawsuit filed against Sega and Gearbox for Aliens: Colonial Marines, claiming false advertising and effectively misleading the public.
You can get more information on the lawsuit through the link above, but right now we’ve got a few statements from the defendants, in which the words ‘beyond’ and ‘meritless’ were thrown around.
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Naturally, both Sega and Gearbox are dismissive of the claims, with a Sega spokesperson stating: “SEGA cannot comment on specifics of ongoing litigation, but we are confident that the lawsuit is without merit and we will defend it vigorously.”
A Gearbox spokesperson added: “Attempting to wring a class action lawsuit out of a demonstration is beyond meritless. We continue to support the game, and will defend the rights of entertainers to share their works-in-progress without fear of frivolous litigation.”
Now I cannot speak to the validity of the class action suit in terms of the legal system, but what I can say is that from a gamer’s perspective (I miss Duncan’s column) I understand why this class action suit exists and why it needs to make a big splash. Some of you, in the previous article, were quick to attack the class action suit and dismissed it as typical gamer entitlement or silly because the lawsuit is based off demonstrations, but I think you guys are a little too quick to criticise here.
Let’s first establish that the embargo for reviews lifted on the game’s release day, a solid few hours after the game went on sale. You may read that as: when it’s too late to cancel a pre-order, and many have already gone out and purchased the game at retail stores, or online. Further, if you would take the time to watch this Jimquisition episode on Aliens: Colonial Marines, you will see that the trailer in question, which first showed off the game, is called a gameplay trailer, implying actual in-game footage that was representative of the final product, and nowhere is this stated otherwise. Finally, and here’s the big one, although Gearbox gave us Borderlands 2, they also gave us Duke Nukem Forever, a game that has been universally shunned as an abhorrent creation, but in the meantime Gearbox and Sega ex-employees have come out and stated that Gearbox used Sega’s money, given to them to work on Aliens, for Borderlands 2 development. A claim that Gearbox obviously denied profusely.
However even if that’s not true, it doesn’t take away from the fact that we were essentially lied to. And defending the developer by calling this lawsuit silly is effectively vindicating the actions of the developer, making it seem as if it’s alright to do this in games. And it’s not. So yes, the lawsuit is reaching a bit. Yes, we could have done without it. And yes, this thing might never actually last a day in court. But you know what? Every day it’s around is another day that people are being made aware that developers are accountable for their actions, and for me that’s a win.
By all means, let us know what you think in the comments.