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Gamer sues Sega and Gearbox for Aliens: Colonial Marines false advertising

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Wii U owners are lucky to have been spared the release of Aliens: Colonial Marines, a disaster of a release that is only overshadowed by how incompetently EA handled the SimCity release for PC. The saga of how Gearbox passed off work on Colonial Marines to another studio in order to work on Borderlands 2 has been well documented. One gamer believes he was severely misled with the advertising versus the final product he received.

A lawsuit has been filed by lawfirm Edelson LLC on behalf of their client Damion Perrine, who is seeking damages for fans who bought the title after watching demos of the vertical slice shown at PAX East and E3. The claim states:

“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.”

This isn’t the first time Sega has been taken to task for false advertising, as it had to publish a disclaimer in the UK trailer after a complaint was filed to the Advertising Standards Agency. Both Gearbox and Sega remain silent on the matter, but Gearbox CEO Randy Pitchford’s own tweets have been cited as evidence against him, so we’ll see just how long that silence remains. Should this lawsuit award damages, it will set a new precedent for how video game demos can be advertised.

What do you think of the lawsuit? Is it warranted? Let us know in the comments below.

[via Polygon]

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  • Frank

    He’s completely justified. Though I should place blame mostly on the developer; I feel we need to hold both publishers and developers accountable. Gearbox should’ve made more effort to make the game more next gen. it feels like a Xobx/PS2 era game. Hopefully other developers will take this lesson and make more quality product that justifies $50-60 price tag

  • Potemkin

    Should have waited for a review before buying.

    • Adrian

      Haha, if everybody did that, then nobody would ever buy any games. Ever. Unless you trust “professional” reviews.

      • Potemkin

        Well, I do and I do buy games. I’m pretty sure there are other people around that do the same.

        • Adrian

          I mean literally if everybody did that. For example, if everybody at a party refused to have any cake until somebody else took the first piece, the cake will never be eaten. Because that first piece would never be taken. My point is that somebody has to be first, so even if your mentality of “wait till others test it for me” works for you, it doesn’t (and can’t) work for everybody.

          • Potemkin

            Might be the case. Then again I never buy a game nor a gaming console on release date.

  • http://www.youtube.com/azhood321 AZHood

    What’s surprisingly about this is how long it took for this lawsuit to happen.

  • ALinkToTheButterballs

    They also Advertised it was coming to the Wii U… So that is also false advertisement… NOT A GAME I WAS EVEN LOOKING FORWARD TO! LMAO!

  • Retro Cool

    I feel I could kind of due the same for Rayman Legends from being exclusively for the Wii and pumping us with dates and then just totally back out.. LOL

  • jay

    sony should be sued for all their false advertising. They’ve been showing fake demos before every console launch since the ps1.

  • Adrian

    Any consumer who feels they were “tricked” into buying a product because of misleading or untrue advertising has the right to sue. Unfortunately, you usually can only sue for damages, so I don’t know if he can get more than $60 out of it. Unless he is filing a class action lawsuit to share with the rest of the gamers who purchased the game. I’m no legal expert though, I’m sure there are other options.

  • Johny

    haha wow :D

  • audi lover

    Sue hahah what a dick glad I live in uk where only complete twats sue people, most decent people just get on with there life, cant stand the claims culture

    • Adrian

      I’m glad you think it’s ideal for a business to be able to screw over, con, or trick a consumer into buying their product using false promises, manipulative wording, or other types of false advertising. I’m glad you think it’s ideal that a victim of such a thing should not be allowed to legally take action and receive compensation for damages. I’m glad you amuse yourself by judging others and other cultures. It’s such a glad day :).

  • Justin Gray

    The guy who bought the game was a moron and deserved to lose the $60. He went and bought a game that was getting 4 out of 10 reviews from generous reviewers.

    • mikoenig

      He’s not suing because the game was bad, he’s suing because they falsely represented the game.

  • sdmac200600

    Didn’t this news come out like a month or two ago? I’m not the only one right?

  • Mitch

    Care to explain why it is?

    Its quite logical for them to sue. Gearbox used footage they claimed was 100% in game footage when it wasnt and they knew it wasnt.

    They were using it up to 2 weeks before release. The game was finished months before that. Gearbox lied and now they’re getting hit for it

  • Dorfdad

    Why maybe he bought the console for what they confirmed as the denotative version “in their words” and than they pulled the game entirely. Thats false advertising it might be stupid to buy a console based on a game not coming out but I am 100% certain it’s happened before.

    I mean Rayman was a launch title and alot of us pre-ordered it for that as well as some others but that was a tipping point and than they pushed it back after the console launched.

  • http://twitter.com/Jamie_Clabon Jamie Clabon

    I hope the lack of any grasp of proper grammar is to point out your sarcasm

  • Frank

    Do you think most of the blame should go to Sega or Gearbox

  • Mitch

    I think Gearbox should bear a lot of the blame but Sega still knew that this game was bad, they knew that Timegate developed this game until 2012 and they knew they were misleading.

    I’m waiting for Sega to throw Gearbox under the bus truth be told..

    (EDIT: Timegate did major development work until Gearbox took over in 2012 and timegate took on a ‘consultant role’. Should have explained that better)

  • JVAN63

    Ultimately, it’s a Sega title, so they should have QC’d Gearbox’s final product before release. So Sega should take the hit. However, if there is a financial settlement Sega should pay, but then take legal or financial action against Gearbox for not delivering.

  • Wayne Beck

    As the Publisher, Sega is responsible for Marketing and Distribution. You can be pissed at Gearbox for really blowing this one, but Ultimately, it was Sega who advertised, distributed and may have potentially profited from this game.