Gearbox Claims it Received No Royalties for Aliens: Colonial Marines

18
Richard Walker

Following a lawsuit filed against SEGA and Gearbox in April 2013, alleging that the version of Aliens: Colonial Marines presented to press in a demo shown at PAX and E3 bore no resemblance to the finished product, Gearbox has filed a motion that cites why these accusations are baseless. The developer believes it should be removed from the lawsuit pertaining to a game for which it apparently received no royalties.

Sales of the game weren't enough to dispense additional payments to Gearbox, and the studio received only its contracted disbursements at each development milestone. What's more, the developer also claims that it spent millions of its own funds in completing the game, none of which has been compensated or reimbursed to Gearbox.

"During the development process, Gearbox supplemented SEGA's development budget with its own money to help SEGA finish its game; Gearbox's contributions to A:CM totaled millions, none of which was ever repaid," writes Gearbox VP of Marketing, Steve Gibson in the motion filed 30th July 2014. "Gearbox never received money from Sega's A:CM purchasers, nor has Gearbox received a single royalty from any such sales by SEGA."

Gearbox's attorney's also reckon that the lawsuit fails to meet the requirements for a class action, as it's impossible to know who or how many saw the Aliens: Colonial Marines press demos in question that led to the game's sales. Gearbox has moved to have the plaintiffs allegations struck off.

"[The] plaintiffs' proposed class is impermissibly overbroad because it includes putative class members who were never exposed to, and who therefore never viewed, the allegedly misleading game demonstrations on which the class-wide claims are premised," Gearbox's attorneys noted. "[The] plaintiffs' net was cast too wide."

With the case coming down to two plaintiffs, one of whom is currently incarcerated, it leaves just John Locke as the sole plaintiff, which would turn the case into a class-wide issue. As such, the case is ongoing. SEGA and Gearbox have yet to comment further on the issue.

[Via Eurogamer, Game Informer]

Comments
18
  • Explain Duke Nukem as well then!
  • Do you think the guy in prison went crazy after playing this game and started breaking shit?
  • This happens with almost every game that is showed off at Gamescom and E3 etc.. Watch dog's is a perfect example. So if this is actually a "Legit" reason to sue a company, you would think a lot more game company's would be in this same position.
  • @2. I was thinking the exact same thing. This case is likely to drag on a while. Can't really give an opinion on the matter, as I'm not educated in law. Just don't understand how all the works.
  • So they invested money to complete and incomplete game which still was incomplete and claim they shouldn't be sued for falsely advertising game. They buggered it up and don't want the blame for doing it? Gearbox take it on the chin and learn from it! Also still waiting on those save fixes! you keep on erasing them on me due to your ridiculous save system!
  • Aliens: Colonial Marines is rubbish game. It is a joke game. Sega is asshole because accept to released a unfinished game. Silly Sega. I not blamed Gearbox as I blamed Sega because not gives Gearbox more time polish game up. But good thing this game is not an important title in 2013 anyway. Lol For Alien: Isolation, well we have wait and see when game released and could be either 3rd Alien game being crap from Sega or this time being great or amazing. We have wait and see hehehehe
  • Typical GEARBOX-I am certain that had this game been an overwhelming success,I know that's hard to imagine but try to imagine it was a critical success-I'm pretty sure GEARBOX would've happily & actively received all the kudos & acclaim that come with a successful title-and not pass the credit & plaudits onto a 3rd party Dev team-which is what GEARBOX are desperately trying to do with all this negativity & now legal negativity to boot. Just hold your hands up GEARBOX & Randy 'Ass-hat' Pitchfork in particular-You fucked up,BIG TIME so man up & deal with the flak before you drive even more fans to doubt GEARBOX's talent on anything other than Borderlands.
  • gearbox is one shady company only having one successful franchise
  • Is it just me, or is Gearbox pretty quick to shift the blame on their failed projects? First we get the Duke Nukem excuse of them coming in late on the development cycle, (i.e. "too many cooks in the kitchen"), and now this? A wise man once said to own your mistakes if you want people's respect. Yes, Borderlands was good and BIA was good too, but it can't all be sunshine and roses, Gearbox. I know my thinking is probably the polar opposite of popular opinion but they just strike me as kind of a shifty company; Sega as well for that matter.
  • Coz the game was an absolute piece of turd and they deserve nothing for it... I've seen better game design in Candy Crush
  • Just because you didn't get paid bonus checks does not mean you didn't take a dump everyone's gaming console of choice. It's almost like saying you shouldn't be charged for a crime because the other guy involved didn't pay you your share of the spoils. You dropped the ball with that game. Accept it/mve on and try to hit a grand slam on the next one (if possible).
  • Well, if the misleading demo can't be used against them, why don't the plaintiffs shift their attention to the pics in the gallery used to sell the game on XBOX Live? Every single one misrepresents the game entirely. So it's not like they've stopped trying to deceive people. Gearbox and Randy Pitchman are so full of shit...
  • #1, I don't think Gearbox could have saved Duke Nukem.... Gearbox didn't even start on it, they took it over after like 12 years of it already being in development so we can't blame them for that one.
  • Man, if this goes through based on demos at E3 and Gamescom, other studios better lawyer up. EA might be spending a fortune in lawyers just on the legal precedent that a game doesn't measure up to what was presented during development. No Man's Sky should probably quit while they're ahead.....
  • this game was absolute crap, one of the worst games i've played in a long time. i'm wondering where all the money went? the game looked nothing like what was shown and i think gearbox has every right to complain, they didn't know it was going to turn out false advertised
  • Sorry they didn't get paid but......I loved this game!
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