The Alien: Colonial Marines lawsuit has been on going for two years now and it seems that SEGA will be the only one paying money out of their pocket when all is said and done, while Gearbox Software will walk away scot-free (minus courts and lawyers). SEGA previously agreed to pay $1.25 million back in August of last year, while Gearbox decided it would fight the charges stating it was a contractor and that SEGA had final approval. SEGA even made claims that marketing was also done by Gearbox in court filings which showed SEGA America’s displeasure with Gearbox CEO Randy Pitchford.
In May 12th, US District Judge James Donato actually denied the original motion for class certification of the suite and also denied dismissing Gearbox Software from the case. But just yesterday it seems that the plaintiff’s attorney agreed to dismiss Gearbox with prejudice (meaning they can’t file another suit against them concerning Aliens: Colonial Marines) and in return Gearbox won’t be seeking legal fees. Of course there have been no explanation why the plaintiffs all of a sudden dropped the charges against Gearbox Software, after 2 years of fighting in court.
This also means that they will have a renewed settlement discussions with SEGA, these will go on until June 3rd. What are your thoughts on Gearbox Software being dismissed and SEGA still being charged with the suit?
[Via: NeoGAF]
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With Sega being the publishers I was never sure exactly how they’d hoped to pin the blame for the game’s marketing on Gearbox Software. Sega certainly had final approval over all ads before they went out, so even if Gearbox was involved in the marketing, Sega knew they game they had and approved the marketing.
Part of the lawsuit is advertisements, yes, but part of it is about trailers and teasers shown at events which SEGA has shown that Gearbox Software showed them without authorization by SEGA. If you see the past proof of emails. Not to mention the judge thought there was a case enough to dismiss them. I think the judge knows more than us when it comes to these issues.
The pathetic ending to this pathetic Alien CM mess.
In the end only Sega is the loser here despite Gearbox being the worst.
But the worst thing is that with the money wasted on Alien CM; Sega could’ve made two brand new Shenmue games, no kidding.
They deserved it.
The best part is that with the Alien CM funding Gear Box was able to outbid Sega from acquiring a few Relic IPs in the THQ bankruptcy.
Had they cancelled Aliens: CM and sued Gear Box instead they could have shuttered the shitty studio acquired boderlands and Duke Nukem Forever :P.
Oh well, Sega a giant bag of what if’s.