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A class action lawsuit has been filed against SEGA and developer Gearbox regarding Aliens:
Colonial Marines.
In a lawsuit obtained by Polygon, plaintiff claims "that Gearbox and Sega falsely advertised
Aliens by showing demos at trade shows like PAX and E3 which didn't end up being accurate
representations of the final product."
The demos were advertised as "actual gameplay" at the time, yet portrayed a level of "graphical
fidelity, AI behavior, and even entire levels not featured in the game."
The suit explains that by having reviews under an embargo that lifted the day of release,
consumers did not have time to learn from critics about the difference in quality in
the final product compared to early footage.
The claim argues: "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."
The suit also points to this Twitter post from Gearbox CEO Randy Pitchford, which acknowledges
that the difference between the original demo and final game is "understood and fair and
we are looking at that. Lots of info to parse, lots of stake holders to respect."
Earlier this month, SEGA agreed to add a disclaimer to trailers stating that they are not reflective
of the final product. The planned Wii U version of the game was also canceled.
We've reached out to SEGA and Gearbox about the suit and will update you with any comment
we receive. Until then, stay tuned to IGN.