Gearbox Claims it Received No Royalties for Aliens: Colonial Marines
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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]