Gearbox (AND SEGA!) Sued for misrepresenting Aliens: Colonial Marines

Discussion in 'User Submitted News' started by Recorderdude, May 1, 2013.

  1. Recorderdude
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    Recorderdude Musician, Animator, Buffoon.

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    Hey, guys. Remember when SEGA got robbed for all they were worth when Gearbox stole the majority of the A:CM budget for borderlands 2 while outsourcing and quickly slapping together the game they were paid to make? Some guy decided to fight "for the consumers" and get everyone who bought that mess refunds.

    http://www.joystiq.com/2013/04/30/sega-and-gearbox-targeted-in-aliens-colonial-marines-lawsuit/
    Hey, Damion. I know you care about consumer rights and I know you want to help, and I'm not saying SEGA was justified in holding back reviews, but could you maybe take your refund demands to the people that fucked up the game and not the publisher? SEGA's suffering enough already.
     


  2. Devin

    Devin "Local Hardware Wizard"

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    Favor por favor.

    1. Edit post.
    2. Highlight all the text.
    3. Press the white eraser in the upper left hand corner.

    Thanks, incredibly hard to read black on black text for dark theme master race users.
     
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  3. Maxternal

    Maxternal Peanut Gallery Spokesman

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    At first I thought this was them being sued for saying they were going to release it for Wii U when they didn't .. instead I find it's them being sued because they said it was a good game when it sucked :P . Be careful what marketing claims you make, I guess.
     
  4. TyBlood13

    TyBlood13 Weeaboo Trash

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    Nice to know I wasn't the only one thinking that exactly.
     
  5. Recorderdude
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    Recorderdude Musician, Animator, Buffoon.

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    oog, sorry, taken care of.
     
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  6. Gahars

    Gahars Bakayaro Banzai

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    It's less that and more that the "footage" they claimed was from the game... clearly wasn't. Also, they've used this fake footage in the game's advertisements, misrepresenting what the game actually is.

    Here's a comparison.

     
  7. Xuphor

    Xuphor I have lied to all of you. I am deeply sorry.

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    Huh, interesting.....
    They actually seem to have a decent case. Not what I expected, honestly.

    The above video Gahars linked clearly shows drastic differences between "gameplay footage" from the demo and the final product.
     
  8. wrettcaughn

    wrettcaughn Misunderstood Moral Elitist

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    This isn't going to go far... Imagine the precedent it would set...
     
  9. Maxternal

    Maxternal Peanut Gallery Spokesman

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    If they can pull out a legit beta version of the game where those images ARE included, they're saved.
    On the other hand, if they can't conjure up anything like that, the precedent is simply that false advertizing is bad for you.
     
  10. ShadowSoldier

    ShadowSoldier GBAtemp Guru

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    You know, I actually think this is justified.
     
  11. Taleweaver

    Taleweaver Storywriter

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    A nice video comparison. Makes it pretty clear that people were lied to with the gameplay demos. :)

    However...I really don't think this stands even a snowball-in-hell chance in court. These demos aren't actual promises but commercials. And it's not like THOSE always deliver what they "promise" on the screen. ;)
    It's pretty much a given that developers change things between the demo and the final product, so unless you've got an actual, solid PROMISE that all that footage would be in the final game, I think any judge will judge laugh it out of the court.


    And with good reason. I'm not much of a power gamer, and I had troubles seeing the difference at times. Yes, it looks less moody. So? Are you really going to sue someone because the ambient lighting of the level isn't to your liking?
    No...as far as what I've heard, the terrible AI and other gameplay elements are what really break the game. And not only will that be much harder to prove before non-gamers, it most likely will be impossible to pinpoint someone from the team actually making promises on that field.
     
  12. McHaggis

    McHaggis Fackin' Troller

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    I agree, except they weren't commercials, but previews. Previews are always subject to change. I've seen scenes in cinematic movie trailers that were cut from the final production, but nobody has ever sued a film company because their film was funnier/sadder/gorier/etc in the cinematic preview than when they went to the cinema to see it. Admittedly, this is a tad more extreme because there are a lot of changes but, at the end of the day, if Gearbox's defence is "Yeah, that's how it looked when we were at that stage of development, we had to cut back a lot for the final release. What else are we supposed to show if the game's not finished?", then I don't see how anybody can argue with that. Who knows, those videos might have been from the Wii U version. :P

    It's kind of sad that the plaintiffs are so hung up on graphics, to the point that they're suing for it. One possible saving grace for the lawsuit, though, is the embargo on the reviews. If it's apparent that SEGA blocked reviews because they knew they would adversely affect sales, then I could see the suit having a chance.
     
  13. Rizsparky

    Rizsparky Saiyan Prince

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    "What do we get?, This wobbly dickhead"
    :lol
     
  14. Arm73

    Arm73 GBAtemp Addict

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    Actually, after the patch, ( and a little mod called sweetfx) the game looked a lot like the demo, included the crack on the window, dynamic lights in the hall, extremely aggressive aliens and so on.

    I played the game on the PC after the patch, and I can't say I hated it.
    It was quite enjoyable actually.
    The ending could have used a nice cutscene or something, it was a little abrupt, but hey, I was in for the raid........;)

    Anyway I keep on seeing that comparison video everywhere and I hate it.
    So much whining over little details, like somebody robbed them or something......like I said, most of the little thing pointed out are actually fixed with the official patch, I just don't think that video is accurate anymore, and should be deleted.
     
  15. RupeeClock

    RupeeClock Colors 3D Snivy!

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    Whilst I certainly agree that Gearbox should be reprimanded for what they did, both betraying SEGA's and the consumer's trust in delivering a worthwhile Aliens game, I am concerned that SEGA are also being sued for what unfolded.

    Unfortunately though, SEGA may be victims of Gearbox, but they are also responsible at the end of the day. :\
     
  16. Gahars

    Gahars Bakayaro Banzai

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    They have used footage from this demo in commercials to falsely represent the game, though. That's blatantly misleading and sketchy as hell. Link here...

    Is it enough to form a case over? I can't say for certain; I'll leave that up to the courts to decide. Still, blatantly misrepresenting your game to customers is shitty no matter how you cut it.
     
  17. Guild McCommunist

    Guild McCommunist (not on boat)

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    I thought the demo was also a lot better than the final product? Like less glitchy and what not.

    To be fair this is like showing trailers to Iron Man 3 and then the final product instead being the Asylum Pictures movie Steel Man 3. In this case it's rather clear false advertising unlike other shitty "consumer advocacy" cases like Mass Effect 3 (people actually tried to sue EA over the ending of the game which makes no fucking sense).
     
  18. RupeeClock

    RupeeClock Colors 3D Snivy!

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    I can't remember which YouTube video this was, but I recall a fan looking forward to playing this new Aliens game and would attend previews with multiplayer gameplay sessions, for a chance to play the game.
    One crucial thing that kept happening at each preview he attended was that the guests only played as the marines, for one round. They didn't get the chance to play as the Alien Xenomorphs, which the game design team would play.
    They apparently only let players sample this much of the game, and they apparently did not show off more with each new preview at new events, it was pretty suspect.
    Like I said though, I can't remember what YouTube video this was. :\
     
  19. emigre

    emigre Has complex motives

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    On the bright side, at least we got this:
     
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  20. ferofax

    ferofax End of the World

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    If you have to beg users so you can comfortably read their posts, that nullifies any "master race" notions you may have on the matter, methinks.

    Lawsuits have been won and lost for pettier things (see Apple). This game basically promised Hollywood-scary Aliens but gave you Plants-versus-Zombie Aliens. I mean, seriously, they waddle around. All that's left is to put a traffic cone on their head and plants will shoot them out of spite.