SEGAbits Forums
Gaming => General Gaming Discussion => Topic started by: ROJM on August 12, 2014, 06:01:02 am
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http://segabits.com/blog/2014/08/12/sega-agrees-to-pay-1-25m-in-aliens-colonial-marines-suit-gearbox-will-continue-to-fight/#more-39804 (http://segabits.com/blog/2014/08/12/sega-agrees-to-pay-1-25m-in-aliens-colonial-marines-suit-gearbox-will-continue-to-fight/#more-39804)
That will stop most of the leechers trying to take the company for a ride and puts GBX in a particular harder position..which they knew when they made their court dismissal earlier in the month.
Also to those who keep insisting about ACM flopped...If Sega sold a million .five units per game of ACM at FULL PRICE between USA and Europe. And are spending a million in money to settle. How much do you think ACM actually made?
As i said before Sega is quite savvy and win their court cases when they need to .
Look what happened to one of the plantiffs...
A day earlier, the plaintiffs filed a motion to remove Perrine from the suit, noting that Perrine is "presently incarcerated in Pennsylvania." The attorneys discovered his incarceration after hiring a private detective to find Perrine, according to the documents. According to Westmoreland County, Pennsylvania court records, Perrine is in jail awaiting trial on three charges including simple assault and terroristic threats with intent to terrorize another.
Under the terms of today's proposed agreement, class members may file a claim form with their name, email address, date and location where the game was purchased and amount paid on or before Feb. 12, 2013. Further details about filing a claim will be posted on a certain websites and in print in Guns & Ammo, ESPN and Rolling Stone magazines.
So the guy who made the suit was a nutjob. What a suprise...Also worringly is the class he was representing and why Sega has to advertise in a magazine like Guns and Ammo to reach people who want to get part of the settlement.
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Does SEGA settling the lawsuit mean it will be harder for Gearbox to win their own lawsuit?
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Does SEGA settling the lawsuit mean it will be harder for Gearbox to win their own lawsuit?
Well it may make it harder but it doesn't mean they won't have a chance..I doubt the judge will grant the motion to get them dismised.
But this now has opened a can of worms. This is where Sega hate by fans zealorts and magazine and gaming websites gets you, which created the climate that these zealots could make a case and sue sega in the first place. Because Sega has done this it now leaves every other game company and developer opened to be sued by fans if they have a problem with the game. So all this segabashing climate has now left their fave companies to get sued by people too. And they will get sued. Sega sets the standards again...
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Is this the lawsuit by the fan who claimed it was essentially false advertising/misrepresentation of the product?
If Sega paid out that's not really a great sign. Ubisoft could be gutted alive for Watch_Dogs alone.
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Is this the lawsuit by the fan who claimed it was essentially false advertising/misrepresentation of the product?
If Sega paid out that's not really a great sign. Ubisoft could be gutted alive for Watch_Dogs alone.
Yep and now the flood gates are opened. People who think this is taking Sega a peg or two will soon realize that all their fave companies are gonna get hit by law suits because of the fact money has now changed hands. People will sue Capcom, EA Ubisoft and even Nintendo for god knows what. The guys who brought this suit up were crackpots. Why did they think they could even bring a lawsuit to a company like Sega? Because Sega is everyones favorite whipping boy. We have ALL seen it for years now. Its now gotten to the point where mentally retarded people think they can sue a company to make a quick buck. It also doesn't help when you have so called sega fans like Shadow legend spreading nonsense about Sega's guilt and trying to relay blame to them thruout the internet making the more gulliable, mentally deranged and zealots out there to believe these lies and act on it. This similar thing happened with the Saturn where magazines complaining about the saturn hardware made people think it was an inferior system technically..when it actually wasn't. Sometimes people have to be very careful on what they are saying. Think what would have happened if that guy won the case if Sega didn't settle and they didn't find out about his background. He probably would have killed or blow up a school and then the news would have a field day with the story "video games company help paid for terrorist to commit murder" .
Like i said you reap what you sow..so when next year the industry is plagued by lawsuits by half the gamers..don't start complaining that its ruining the games franchise or stopping them making certain games or that its all sega's fault. You F's should'ave realized that when you kept on badmouthing sega that ended up encouraging these maniacs to even dare sue a games company. No one wins in this at all..a unique situation that should not have happened the way it did and was allowed to go too far than it did..and worse publically.
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I'm actually glad that this is happening, if it does indeed happen. I'm sick of CGI trailers and 'target renders' being presented as gameplay footage.
It's just another dishonest practice that should be stamped out.
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I honestly don't see a problem with SEGA and Gearbox being sued for false advertising over the Aliens: Colonial Marines gameplay and screenshot. Because, well, they did falsely advertise the game. The pre-release gameplay and screenshots look far better than the game that was sold to consumers. Gearbox is the bigger offender in this case, with the way they handled the game's development. Though SEGA is to blame as well for allowing it.
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I honestly don't see a problem with SEGA and Gearbox being sued for false advertising over the Aliens: Colonial Marines gameplay and screenshot. Because, well, they did falsely advertise the game. The pre-release gameplay and screenshots look far better than the game that was sold to consumers. Gearbox is the bigger offender in this case, with the way they handled the game's development. Though SEGA is to blame as well for allowing it.
Exactly, i'm on the same boat. If you're going to false advertise a game to try to garner more sales, then you deserve to be sued. It's a shame only certain companies are getting hit with this though, as an example, From Software did the same shit with Dark Souls 2, but no one gave a shit because they're obsessed with Dark Souls. If i remember correctly Sony is also getting sued for Killzone not being 1080P on PS4.
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The false advertising won't go away. They'll just tack on some fine print during the trailer indicating that it might not actually represent gameplay.
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Sega released commercials the day the game came out using the false footage as well, so that's the definition of false advertising and they are 100% responsible for that. They knew the game they had but still chose to market it using the fake footage.
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SEGA says they aren't at fault but really they are. They knew it wasn't the actual game, they knew it was nonsense they where showing and they did it anyway. So yes.
This is also very smart of them not keeping this in court and trying to get out of the suit by the time Alien: Isolation launches.
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Well to be honest. At a trade show with various things being shown. That is okay.
IDK it really depends. One hand I want to see the pre-production. On the other hand I do not want to see poorer graphics from what I was shown.
Take Hybrid Heavan ( Konami game ). On the actual box ( in store ) it is showing off an GGI rendering of the actually in game character holding an giant weapon looking all Virtua-Fighter like.
I brought that game on the basis of seeing the main character in his yellow Tee; rendered with an giant oversized weapon. Is that weapon in the game???
Another example is Aidyn Chronicals ( N64 ). It showed a fancy room like in FFVII. But their was no fancy rooms in the final game at all. It had an pictures with some up to date lighten. I guess it was taken out because it was too futuristic. I could still play FFVIII and hang out in the capital with all the horse carriages going up and down.
Sonic-R. Basically had controllers like an car. Why? Because the one car character would probably have to switch and relearn the controls. Also she was a girl ( Amy ) and you know girls. So they made the controller basically car controllers. Then of course Robotnik is a problem as well. Their goes another lawsuit. Sonic-R failed because the controls were too auwful for an Sonic fan to deal with. However this was just SEGA of Europe way of penetrating the market.
Either way the way I see things with AVP. ( As with Metroid ). They showed us the curved doors, and extra bloody stuff ( at the trade show; which is okay ). Then when you brought the game and realized what happen to the curvy doors and where is the gore. With Metroid they had curvy doors;......IN THE BEGINING.....It was soooo auwsome but then you realize they only had that for a couple of minutes then they gave us the lame polygon doors ( their were some curvey doors later in the game...much later I think ( I am not talking about the under sea stage ).
......................................
That is the way I see.
Speaking of Nintendo. What about the Zelda changes??? They show some stuff ( which mostly people who are under voting age and do not know anything about laws or rights are watching ) to the consumers/gamers and everybody thinks, hey when will we use link and swing from an chandelar????
Look at SEGA with the Sonic ports. I do not mind the Sonic ports from the Dreamcast to the GCN to the etc HD all look different. But they never seem to make a direct port of their last games.
Honestly game was made. People should just realized that is what is going to happen. I mean Gearbox and SEGA.. So what.... Aliens for the PS2 was canceled, Aliens for this and that game was canned. The game has been floating around the place for a long time. I don't really care.
It is great a fan of the series; did make an complaint and even tried to do an lawsuit. SEGA themselves
So the guy who made the suit was a nutjob. What a suprise...Also worringly is the class he was representing and why Sega has to advertise in a magazine like Guns and Ammo to reach people who want to get part of the settlement.
You should understand your rights. Their are tons of things right now the goverment is doing to it's people. People have rights okay. Personally as long as do not treathen my land, my property, and my privacy. I am your buddy.
People will say anything to anybody about anybody. The guy did the right thing; it was his rights.
One screw ball to make the rest move forward; is how I put it. If the screwball who did not say "Taxation without representation" where would the United States be right now? It would a part of the common wealth under the GBP. We all would be wearing red outside with the British flag ( or simular ) waving outside. Nobody would have passed away and slavery wouldn't have been abolished until much later or even barely at all.
Remember Braveheart
Remember Gandhi
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Sega released commercials the day the game came out using the false footage as well, so that's the definition of false advertising and they are 100% responsible for that. They knew the game they had but still chose to market it using the fake footage.
I didn't realise it was commercials, that makes sense. Since at trade shows etc they usually show 'Footage may not represent final product' to save themselves.
In this case it's actually false advertising since it was in the commercial. Also means that ubisoft and all the other E3 bangers will keep doing whatever they wish.
Also, this seems like the kind of thing that would have been a legitimate mistake, the media company probably just used the footage thinking 'this looks nice' and then it was waved through Sega very quickly without realising what they'd done.
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I don't really think SEGA really knew or cared at all. Like the examples I mentioned; I think people got head over heels for the FMV footage at the show ( which was the idea ); and when they got the actual package did not realize some stuff was not going to be their. This happens a lot to be honest. The only difference with the footage all over the net; people are playing back the game side by side.
You can't whine about lighting
Enemy encounters
Or even effects
However the Alien fans ( The Xenophiles ) obvious could not stand for it. Since they consider it an official product.
BETTER IDEA.
SEGA should have just used "Alien Sydrome" and redo the entire game; or even merge into the Alien/Aliens world. Right??? It would have been nice for that game to make an comeback????
This way everybody could be happy. Also it is not just an remake.
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Sega released commercials the day the game came out using the false footage as well, so that's the definition of false advertising and they are 100% responsible for that. They knew the game they had but still chose to market it using the fake footage.
Poppycock. Most people who brought the game were probably just average consumers and Aliens fans. Most gamers knew about the footage well before they started to advertise them. These guys had to prove whether they saw the adverts on tv or was conned by the game footage from the previous months and years ahead. That is what's shaky about it for me because its more likely the latter since these guys weren't casual gamers and if that's the case than ALL the games media is guilty for hyping up the game just as badly as the companies involved.
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The false advertising won't go away. They'll just tack on some fine print during the trailer indicating that it might not actually represent gameplay.
Yes that's what some have already started to do. But people suing the company won't be because of things like that. DLC is definatly opened for the companies to get sued by a gamer, among other scenarios which i won't mention in detail...
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ROJM, you can't do that. You can't just assume people know and it isn't OK to show false footage when advertising a title. We can't sit here and point fingers and say 'x company' does it. I know they do and I know its bullshit.
I hope this makes EA, Ubisoft and other notorious companies for doing this sort of pratice to re-think their advertising plans.
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ROJM, you can't do that. You can't just assume people know and it isn't OK to show false footage when advertising a title. We can't sit here and point fingers and say 'x company' does it. I know they do and I know its bullshit.
I hope this makes EA, Ubisoft and other notorious companies for doing this sort of pratice to re-think their advertising plans.
I didn't say it was okay, George but the difference between a casual gamer seeing the advert and a regular gamer seeing it is a big difference. The regular gamer would have seen all the details leading up to its relase the day the game was announced. They would have seen the video footage from game cons, pix skills and magazine pictures etc etc. Your average fan would only have seen the commercials. Its hardly me generalizing at all. I would have asked EXACTLY what their gaming habits are like and PROVE if they are just unsuspecting casual gamers or smart gamers who KNEW what they were walking into.
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I didn't say it was okay, George but the difference between a casual gamer seeing the advert and a regular gamer seeing it is a big difference. The regular gamer would have seen all the details leading up to its relase the day the game was announced. They would have seen the video footage from game cons, pix skills and magazine pictures etc etc. Your average fan would only have seen the commercials. Its hardly me generalizing at all. I would have asked EXACTLY what their gaming habits are like and PROVE if they are just unsuspecting casual gamers or smart gamers who KNEW what they were walking into.
Yeah I remember reading multiple times on NeoGAF that Aliens was looking like a massive trainwreck ready to explode. Was very reminiscent of Sonic the Hedgehog 2006, hopefully it has not damaged the brand enough to affect The Creative Assembly's Alien title.
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It would be a horrible irony if this game is the better game and it flops badly. But i very much doubt that it will, the people who are ALIENS fans are going to get this regardless and they were the ones who got the game as well as casuals gamers in their droves not main gamers. IRON MAN's horribleness didn't stop the bigger sales of IRON MAN 2 which was even a worse game. Like, i said the casual gamers won't even know about the court case since they don't follow gaming news. They will just see the game once its released and advertised on TV.
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I hope this makes EA, Ubisoft and other notorious companies for doing this sort of pratice to re-think their advertising plans.
EA and the likes of Ubisoft them to cover themselves with graphics representative of gameplay. The trouble for SEGA and Gearbox is in the when showing off the game to the likes of IGN you can hear GearBox and the SEGA's PR men say this is what the game looks like, the game is being played in real time and so on.
When in fact Gearbox weren't even working on the game at all - If I was SEGA I would be pissed and ask serious questions of what the hell the game producers were up too . But in the end SEGA will have to carry the can
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It would be a horrible irony if this game is the better game and it flops badly. But i very much doubt that it will, the people who are ALIENS fans are going to get this regardless and they were the ones who got the game as well as casuals gamers in their droves not main gamers. IRON MAN's horribleness didn't stop the bigger sales of IRON MAN 2 which was even a worse game. Like, i said the casual gamers won't even know about the court case since they don't follow gaming news. They will just see the game once its released and advertised on TV.
I'm an Alien fan and i didn't buy Colonial Marines.
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I'm an Alien fan and i didn't buy Colonial Marines.
You're not the alien fan i'm talking about but keep missing the point.
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I guess as a bit of a positive, most of the comments I've read on GameInformer and EuroGamer underneath this particular article seems to suggest that at least the most vocal gamers are throwing most of the blame at Gearbox, instead of Sega. Many seem pleased Sega did the right thing and coughed up some money. Can't tell you how many times I've read GearBox compared to snake oil salesmen.
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Sega already knew that GB are full of crap, so that arrangement is cleary maded to left GB in the eye of storm.
Now people have more proofs to blame the team that make/develop the game--oh wait, they hired another small team and they were supervisors of the project, just like Sega was incriminated for doing bad in the beginning ::)
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Here's the commercial, for those interested.
https://www.youtube.com/watch?v=P7BkqmMNQWA
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Incidentally then, the game sold about 1.3 million in its 1st three months if this is still going on.
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It's funny how they billed it up to be everything it wasn't in the trailer. Like why market a game as a horror shooter when... there isn't any horror aspect in the actual release (well not that much, maybe a level or two)? Why not just make what you are trying to sell people?
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It's funny how they billed it up to be everything it wasn't in the trailer.
That's what most games trailers are like sadly . I just like to know what on earth SOA producers were doing on the game ? anything but their job its appears to be . If this was a game that SEGA just picked up and agreed to publish then fair enough . But SEGA bought the licence and picked Gearbox to work on the game and had their own Producers working on the game from start to finish .
In the end SOA producers are just as much to blame as Gearbox imo
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I guess as a bit of a positive, most of the comments I've read on GameInformer and EuroGamer underneath this particular article seems to suggest that at least the most vocal gamers are throwing most of the blame at Gearbox, instead of Sega. Many seem pleased Sega did the right thing and coughed up some money. Can't tell you how many times I've read GearBox compared to snake oil salesmen.
Well we shall see if this dents the sales for the upcoming ALIEN game...
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Well we shall see if this dents the sales for the upcoming ALIEN game...
It not affect sales at all -If the game is good and SEGA PR does it job .
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It not affect sales at all -If the game is good and SEGA PR does it job .
Means nothing if the sting of ACM has made a lasting impression in gamers mouths. But it won't affect the core audience of the title who will get it regardless.
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Means nothing if the sting of ACM has made a lasting impression in gamers mouths. But it won't affect the core audience of the title who will get it regardless.
It not affect sales at all . ACM is long forgotten and if the game is good and SEGA PR does it job it should be a million seller easy.
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It not affect sales at all . ACM is long forgotten and if the game is good and SEGA PR does it job it should be a million seller easy.
Still depends. No one can say what will happen until it happens. Not everything in life is a guarantee.
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Gamers are fickle these days .
The shit that is Duke Nukem Forever never hurt Gearbox or 2K2 and I bet if another Duke game came out it still sell a million copies
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Gamers are fickle these days .
The shit that is Duke Nukem Forever never hurt Gearbox or 2K2 and I bet if another Duke game came out it still sell a million copies
I'm not disagreeing with you if you actually READ my initial point you can see were in the same lines of thinking. I can't be bothered to keep arguing with you anyhow, there's too few of us left..especially after i found out about the Haskins situation a few days back. So leave it at that.