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Edited by Saxoclone: 5/2/2013 6:02:09 AM
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Opinion article on the Aliens: Colonial Marines lawsuit.

Game Informer writer Matt Helgeson put up an opinion piece earlier today that discusses his belief that the lawsuit filed against Gearbox for Aliens: Colonial Marines is wrong. As I felt similarly when the story original broke, I was glad that Helgeson was able to do a very good job in explaining his position. [url=http://www.gameinformer.com/b/features/archive/2013/05/01/the-aliens-colonial-marines-class-action-lawsuit-is-wrong.aspx]You can read the article here.[/url] While I like everything he wrote, I want to emphasize two of the points I feel are especially important regarding this case. First, I don't agree that people were "deliberately mislead"--at least, not any more than any other company does with any other product advertising. You don't shout from the rooftops about the potential flaws of your product, you emphasize its good traits. They showed off what they had that looked good for the game to show it in the best light possible. Look at a commercial for McDonald's. Those fries look damn good, don't they? All golden brown and crisp. And that Filet-o-Fish looks so delicious cooked to just the right temperature with a perfect layer of tartar sauce. Then you go to your local McDonald's and the fries have been sitting for ten minutes and they're not salted, and half the tarter sauce for your fish sandwich is slopped all over the inside of the box instead of the fish patty. They make it look pretty so you'll buy it. Morally right? Maybe not, and it tends to make customers wary of that company's products. But justification for a lawsuit? I hardly think so. In the case of games, buyer beware. Do your research before making a purchase, read previews, read reviews, put attention to the developer's actions, look at the developer's track record. Don't pre-order a game that looks fishy, or if you already have, watch that game's development closely. In the case of Aliens, it sounded like a good game when Game Informer first covered it. But after not seeing any significant progress shown off by development year 4, after multiple delays, I felt suspicious about it. After 6 years, there was no way I was going to touch it unless I heard awesome things about it AFTER release. Before my next point, I should point out that I am definitely not a lawyer, but from what I do know of the legal system, I believe my interpretation of potential events is correct. If this case is successful, it sets a very bad precedent. Things happen during development that can change the course of a game, for better or for worse. If this case was successful, it could be referenced in plenty of cases in which the final state of the game did not represent what the developers wanted. Being on Bungie.net, here's one that hits close to home: Halo 2. Go watch the 20th Anniversary video. They talk about how the E3 presentation made for Halo 2 was something they fully intended to be in the final game. And it wasn't. According to Bungie, it was just too ambitious for the technology available at the time. Now, if this case against Aliens is successful, it could be used as reasonable grounds for someone that felt especially dissatisfied with Halo 2 to sue Bungie or Microsoft, pointing at some of the problems with the game to justify their case. Another example. Bioshock Infinite had a scene with a horse that was very prominently featured during an E3 demo. And it was not in the final game. Frankly, I was disappointed with that, because it was played up as such an interesting scene. In fact, looking at that demo, a lot of parts of that game were changed either visually or functionally for the final cut. But I couldn't justify suing Irrational just because they pulled a potentially interesting scene, essentially "misleading" me about the content in the final game, especially when I don't know the reason it was done. So that's my two cents. I think it's wrong to try to heap legal punishment on something for which the standards or quality are determined by the individual buyer.

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  • Who cares if it's justified. Gearbox must pay for their sins.

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  • I think the lawsuit is justified. Fact of the matter is, they lied to us. Not just the consumers but gaming journalists as well. They showed them a demo which they said was an accurate representation of the game. They told them that it was in the game. And is wasn't. They kept a review embargo up until the day of release so me and a bunch of other people would have been suckered into buying this falsley advertised product of theirs and we wouldn't find out how atrocious it is until we had actually played it for ourselves. No, this law suit is the right thing to do. Developers and publishers need to be held [i]accountable[/i] for shit like this.

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    • Edited by DEZARATH: 5/2/2013 1:55:58 PM
      The lawsuit is justified. The demo was falsely toted as the final product while the developer knowingly prevented early reviews to hide the fact so they could mislead the general public, the fact that Sega had to place a disclaimer on it only confirms that they wrongly misled the buyer. Sorry OP, I hope they gut them as to send a strong message throughout the industry to knock off their dishonesty, release polished games as advertised, and that this type of bad behavior will be met with financial pain.

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      • Edited by CND AAA Beef: 5/6/2013 1:35:46 AM
        When a PC that can rock Crysis 3 on max can't get that game to look like the gameplay trailers and photo stills, then there is definitely something wrong. While there is the "not final gameplay" on many work in-progress demos or trailers, this wasn't quite the case with ACM. Launch trailers looked far better than the actual game, on all platforms, as opposed to say the BF3 trailers which looked damn pretty, but were achievable on a tricked out PC. False advertising is false advertising. The game was basically a "bait and switch", advertise a superior product, but sell an inferior one.

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      • It was justified. The game was a complete rip-off.

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      • Good, I hope those bastards get sued for that abortion of a game. Shitheads.

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      • See, this is a tough one. On one hand, games are subject to change during development. That's just how it is. On the other hand, what Gearbox did was -blam!-ing despicable. They deliberately advertised a game with a build that just was not gonna happen (Yes, I consider showing off a gameplay demo to be a form advertising). And they placed a review embargo. So, basically Gearbox suckered in gamers with footage of a game that didn't exist, then made it impossible for them to make an informed decision by placing a review embargo. That is horrible, and they deserve all the shit they're getting. Then there's the fact that they mishandled funding from Sega...this whole Colonial Marines thing reeks of ass. So, is a lawsuit going a little too far? Maybe. But it sends the right message: Gamers are not willing to put up with and tolerate this kind of crap anymore.

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        • If this lawsuit makes it to court and Gearbox/Sega is ordered to pay damages you can expect the gaming industry to go down the toilet bowl. Why? No publisher will ever fund new games. No unknown developer would ever get funding, and honestly every publisher would become liable for any poorly received game they published. If you enjoy gaming you better pray this lawsuit gets dropped well before it enters a trial.

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          • Funny thing is my Gamestop was giving full refunds to people who bought it on day one at full price...

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            • I stopped when I got to the "games are an art form and their quality is subjective." There are very clear, objective images that players were shown that the game failed to meet. Specifically the scene on the umbilical cord connecting the two ships, the graphics quality is impossible to meet. It simple is not possible with the current maxed hardware to recreate that, much less come even close. Things such as dynamic lighting where shown in the gameplay demo and then subsequently not used in the game.

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              • Gearbox and Sega should be sued and hopefully will lose. I bought the game and it is nothing like it was advertised as. False advertising is wrong and they should be held accountable. End. Of. Story.

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              • I think Gearbox or Rebellion or whoever have their asses covered anyway. The E3 demo was clearly marked as a work in progress and therefore subject to change - although it's implied that at that point any change would be [i]good[/i] change, it's not explicit.

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                • I think they should have just delayed the game until some time later this year or hell even next year and made it available for next gen consoles.

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                  • I agree, it would be a horrible precedent.

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                  • I like how the writer acknowledges false advertising and embargoes that limit a gamer's ability to make an informed decision as true, but then tries to back out of that. It really isn't about "expectations" or "perceived quality". The heart of the lawsuit is providing false advertising and descriptions of what is in the game and not informing pre-order buyers that the game has changed in a meaningful way.

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                    • Don't like it just because of what this might open up.

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                    • I totally agree with you OP, some people do not realize how tough the process of creating Video-games can be very difficult at times granted it was a bad game. We complain far too much these days when things end up not being up to our expectations.

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                    • If this lawsuit goes through and somehow these people win. This could lead to no preview videos or shots for any game in the future because some dude is going to sue every time something isn't pixel perfect.

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                      • Edited by Arbiter 739: 5/3/2013 7:29:15 PM
                        From my understanding, didn't they give journalists a demo within four months of the release of the game? They then scrapped that build in favor of another one without any announcement, while that demo build was advertised up until and past the release. There was apparently also developers citing it as actual in-game footage too. So basically they showed off a demo that was scrapped, but then advertised with footage from it while calling it "actual gameplay". Is that not what this lawsuit is about?

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                      • Edited by Enlightened One: 5/2/2013 6:17:55 AM
                        The lawsuit is justified.. The game was nothing like the unfinished product in the trailers.. -Horrible AIs that were not Dynamic -Horrible CoD like combat -Mini-Boss was terrible -Where is the scene were they put down a Sentry -gun down that narrow hallway underground? So much was just wrong and missing. By the way.. it's easier to make a game to be as advertised than it is with food.

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