Gearbox Dropped From Colonial Marines Class Action Suit

Gearbox Software, the studio that developed dreadful nonsense in the misshapen form of Aliens: Colonial Marines [official site], have been dropped from a lawsuit that claimed the developers – with publishers Sega – falsely advertised the Aliens game with unrepresentative demos.

Polygon‘s Hell Hounds of News have gotten their hands on court documents confirming the suit still stands against Sega; however, it’s no longer a class action case. Instead, it will represent only the two original people who filed back in 2013 through law firm Edelson LLC.

The case has been going on for quite some time. Aliens: Colonial Marines – a game John described at the time as “not only a truly dreadful addition to the Aliens canon, but it’s somehow taken six years to develop a game that feels not only a decade old, but utterly falling to pieces.” – launched in early 2013 to hefty criticism. Central to this are the game’s graphics, which many noted didn’t match what Sega and Gearbox showed to press and fans prior to release.

Throughout this time, Gearbox have argued they should not be included in the suit as they worked on a contractual basis, with Sega having final say on both the game and its marketing. You can read the play-by-play of what’s been going on for the last few months right here.

On May 12th, U.S. District Judge James Donato dismissed the case against Gearbox – with prejudice, which means they can’t file a suit connected to the case in the future. In return, Gearbox can not seek legal fees. The plaintiffs currently have until next week to tell the court how they plan to proceed in the suit against Sega.

14 Comments

  1. BlackeyeVuk says:

    And because of someone bright idea or whatever happen there, TimeGate Studios cease to exist.

    I WANT MY KOHAN 2 BACK!
    AND AXIS AND ALLIES!
    Even Section 9 was awesome.

    • Borodin says:

      Don’t forget the F.E.A.R.

    • hamburger_cheesedoodle says:

      That was the real loss in this whole saga. Timegate have worked on some iffy games to keep themselves afloat, but Section 8 and S8: Prejudice were fantastic games that deserved much more recognition. S8:P was Titanfall four years earlier, and better. It just never had the marketing, and now, because of this lawsuit, Timegate will never get another crack at it.

  2. aircool says:

    So does that mean we can take, er, The Witcher 3 to court for that graphics thing that people are going on about?

    • Horg says:

      No, because the promo material released in the few months before launch for Witcher 3 was representative of the final release. Colonial Marines continued to advertise itself with the fake sections developed for trade shows right up to the launch.

      • povu says:

        Even the launch trailer for Colonial Marines had those fake sections in it.

      • Shuck says:

        Except that I understand that a lot of serious changes to Colonial Marines actually happened extremely late in development, so the earlier demos were possibly still representative of gameplay until just about the point where it was released. As much as they were ever representative, that is. I’m not sure when people are going to realize that videos of “the game” before release represent snapshots of the development process, not previews of the game that – maybe – will eventually be released. Only videos of the actual, released game represent the released game.

      • Hedgeclipper says:

        And the court hasn’t even determined if that was a misrepresentation yet – that’s what the case is about.

  3. blainestereo says:

    I’m confused. What happened to Sega suing Gearbox for embezzling the Colonial Marines budget and using it to develop Borderlands 2? Is it a separate lawsuit or was it actually only talked about and not actually launched?

  4. tonicer says:

    I recently bought it for ~4 bucks and played through it in two sessions and it’s not that bad, it’s just not good.

    Don’t compare it with AVP 1 and 2.

    I would recommend buying it if you find it for <10 bucks.

    It's still far superior to AVP2010, what a POS.

    Again thanks consoles for ruining another franchise.

    A world without video game consoles would be so perfect.

    • dethtoll says:

      The only thing in your entire post that’s at all correct is the first and third lines.

    • Razumen says:

      No way is it better than AVP 2010, that game had its flaws, but it was still a lot of fun.