It
appears as though Gearbox made the correct move last year when it refused
to settlethe Aliens: Colonial Marines lawsuit filed against it
and publisher Sega in 2013. Polygonreported
today that the plaintiffs in the suit have agreed to drop the complaint against
Gearbox, in exchange for Gearbox agreeing not to seek legal fees.
The
suit was originally filed over claims that the game did
not match what was promised in pre-release
promotional trailers. Gearbox asked to be removed from
the action last year, saying it just made the thing and had nothing to do with
publishing or selling it. Sega, meanwhile, blamed
Gearbox, and particularly studio boss Randy Pitchford, for
loose-cannon marketing and making promises it couldn't keep. In August of last
year, Sega agreed to settle the matter for $1.25 million, but the plaintiffs
couldn't agree to terms with Gearbox.
Now,
however, Gearbox is out, and further, the judge in the case has declined to
certify it as a class action, meaning that only the original two plaintiffs are
now being represented. The judge ruled that the proposed class, which would
have included everyone in the US who bought the game, was too broad because it
included people who may not have seen the misleading trailer; a proposal to
have class applicants swear that they had seen it before preordering the game
wasn't sufficient.
The
documents also indicate that the remaining plaintiffs have until June 3 to
decide how they want to proceed with Sega.
Source : PC Gamer
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