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Gearbox Responds To Class Action Suit For Colonial Marines
After the disastrous Aliens: Colonial Marines, news arose that some people were so unhappy with the product that they were raising a class action suit against the company for what amounted to false advertising. Today, Gearbox and their lawyers responded to those allegations.
“Gearbox never belonged in this lawsuit. Gearbox is a video game software developer. It was neither the publisher nor seller of the video game at issue. For more than a year, Gearbox has quietly abided the plaintiffs’ claims so that Sega, the game’s publisher and the party responsible for the game’s marketing and sale, could assume the defense of this lawsuit. Gearbox has honored its publisher’s request in spite of plaintiffs’ highly-publicized-and highly-misplaced-claims against Gearbox. At this point, however, Gearbox is obligated to pursue its rightful departure from this case,” said a motion filed in the case.
According to Gearbox, they themselves are victims too, as they spent millions of dollars of their own money to finish a game in good faith, money they were never reimbursed for. Early reports also insisted that the two parties were close to reaching a settlement agreement, but one of the plaintiffs, Damion Perrine, could not be found. As it turns out, he is incarcerated in Pennsylvania, and has asked to be removed from the case.
Gearbox also gave a variety of reasons the case should be dismissed, including the fact that it would be impossible to separate those who saw the demo from those who didn’t, and the impossibility of pinpointing why exactly any consumer bought the title (graphics, gameplay, etc). Furthermore, Gearbox says it never received any royalty payments for the title, as sales never hit the required threshold, leaving Gearbox holding the financial bag.
No judgement has been made as to whether Gearbox’s claims are legitimate, or even if Perrine’s dismissal can go through. At this point, I’m not sure anyone wants the saga of Colonial Marines to go on any more, but it looks like this tale is coming to a close one way or another.