Obviously we've all heard of the absolute mess that is Aliens: Colonial Marines. Gearbox and Sega promised us the stars, and we ended up with a buggy, poorly designed piece of crap. Well, according to Polygon, someone's taking a stand. Law Firm Edelson LLC, on the behalf of Damion Perrine, have filed a class action suit against both Gearbox and Sega for Aliens: Colonial Marines, claiming that the discrepancies between game's advertising, particularly the demos shown at E3 and PAX, and the final shipped product is a case of false and misleading advertising.
The suit also claims that Gearbox and Sega attempted to hide the evidence of discrepancies between the demos and the final game, saying that the pre-launch review embargo resulted in pre-orderers and first day buyers not being properly informed of the decisions they were making - and seeks damages for anyone who paid for Colonial Marines on or before the release date. Sega and Gearbox have yet to comment on the lawsuit.
Personally, I think this is a good step forward in making sure publishers and developers stay accountable to their consumers. Who knows, if Edelson win this case we might even see the beginnings of a new age where developers no longer screw their customers around. Commenters: Let us know what you think.
Posted 02-05-2013, 16:10
"As such, it seeks damages for anyone who purchased the game on or before its release date."
The term damages though can mean a lot in legal terms. It could just mean compensation for the price of the pre-order. But yeah, it definitely makes it sound like they are after "damages" which means compensation for being intentionally mislead... don't know...
We will see how this case unfolds... I am definitely curious about it though :D
Posted 01-05-2013, 19:56
That's grounds to sue for fraud certainly, but not damages. Not from a consumer perspective
Posted 01-05-2013, 19:50
Bobfish, are you anti-consumer and pro-corporation or something? :P
This is a good thing and is becoming an increasingly bigger issue and the ruling of this court will have implications on Review embargoes as well as the kind of video and pre-release content we get to see/in our hands.
Gearbox and SEGA took false advertising to a WHOLE new level when they used a separately made piece of the game that was not actually in the game at E3 to show the game played live and let the press play. Imagine if at the next Apple conference, Apple were to use a different phone and say: this is the iPhone 6 and then let press use that phone and be all wowed by it. Then when launch time came the actual iPhone 6 turns out to be a COMPLETELY DIFFERENT DEVICE THAT HAS NOTHING TO DO WITH THE ONE THEY SHOWED AT THE PRESS CONFERENCE... that is fortunately illegal. So This court case has a good chance of winning in favour of Damion Perrine. What SEGA and Gearbox did is not just poor taste, but also completely illegal and they should be held accountable for it.
In addition, consumers are increasingly being mislead by companies. Reviewers are receiving increasingly stricter embargoes. Trailers are becoming less revealing and game demos are on their way out. While at the same time companies increasingly add DRM and try to stop piracy.
So yeah. I hope to the Gods that Damion Perrine wins this, he should and we (as consumers) should win this case. It will send a CLEAR message to the other companies that such misleading and scammy practices are NOT acceptable and it will stop them for the next few years to come. Until companies try to push the boundaries again.
Posted 01-05-2013, 19:07
Don't get me wrong, I completely understand that some people were genuinely utterly appalled at the end product. I even understand the arguments that the pre-release coverage was misleading. But seriously, that's what marketing does. That doesn't make it right, but their entire purpose is to make it seem as desirable as possible, no matter what is being sold. I can even understand wanting a refund, or something to that effect. But seriously? Suing for damages?
Damages are something that should only be awarded to a plaintiff who has suffered significant trauma, either mental, physical or financial, due to the actions of another person, group or organisation. To sue for damages in a case like this you should have to show that Gearbox and/or SEGA intentionally and maliciously set out to abuse your in one way or another. I mean, seriously? Is this muppet trying to claim the game was THAT bad it scared him for life?
It's like something out of bloody South Park. It's ludicrous. So you didn't like the game, that sucks, and is an absolutely fair thing for you to shout its faults, real or otherwise, for all the world to see and demand better treatment next time around. Go for it, knock yourself out.
But damages?
SHEE-juz.
I just...wow. Just wow!
And these LLC clowns? This is a blatant publicity stunt on their part. And it's disgusting. Profiteering opportunism at its ugliest.
In other news, I actually quite like the game. It's flawed as hell sure, but it was still pretty decent
Posted 01-05-2013, 18:36
@Bobfish: Completely agree with you. Not someone who pre-ordered or ever intends to buy this game but I did follow the whole debacle and I think that attempting to sue them for damages for a pre-ordered game isn't really going to pass in court unless they can somehow, I dunno, prove that it was Gearbox's intention to mislead people or something all along. Then again, I'm not even sure that that's exactly what could be called illegal so fuck knows where this mess is going.
Posted 01-05-2013, 16:54
I'm sorry, but this is absolutely ridiculous. Suing for damages? Are you FUCKING kidding me? There's demanding accountability, then there's taking the piss. This is taking the piss. Royally. I'll tell you what mate, you can take my pre-order money and shove it up your fucking arse!
This is disgraceful