Lawsuit alleges Aliens: Colonial Marines false advertising

By Steve Watts, May 01, 2013 7:30am PDT

Aliens: Colonial Marines was roundly panned upon release, but many who pre-ordered or bought on the first day might not have realized that. A new lawsuit alleges that since Sega and Gearbox showed demos claiming they were "actual gameplay" and reviews were embargoed until release date, early adopters had no way to know of the game's problems.

Polygon reports that the suit, filed in the Northern District of California court by the law firm Edelson LLC on behalf of plaintiff Damion Perrine, claims that the demos shown at trade shows were not representative of the finished game. The suit seeks damages for anyone who purchased Colonial Marines on or before its release date.

On its side, the suit has the general backlash over the game and various reviews regarding it not matching what was shown. But more damaging may be a tweet from Gearbox head Randy Pitchford, from a week after the launch, which the suit claims acknowledges the problems. When asked about the disparities, Pitchford wrote: "That is understood and fair and we are looking at that. Lots of info to parse, lots of stake holders to respect."

Edelson sums up its case in the claim. "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," the claim states. "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."

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