Sega has agreed to make a major class action payout over the
allegedly deceptive marketing of Gearbox-developed
Aliens: Colonial Marines, pending court approval.
A court filing this week (via
Polygon) by plaintiff Damion Perrine states Perrine’s lawyers and
Aliens publisher Sega have reached a tentative settlement agreement that would have Sega pay $1.25 million, split up between the class and other expenses and fees related to the case.
Though the filing states said the settlement plan is not an admission of guilt on Sega’s part, the move does show that at least in the eyes of Sega, the suit does have some credence. Suing over video games isn’t unheard of, but often appear outwardly frivolous. The law firm heading up this case, Edelson, is also
organizing a class action suit over the graphical resolution of
Killzone: Shadow Fall.
Edelson filed the
Aliens suit last year against both Sega and Gearbox, on behalf of Perrine, who alleged that the "actual gameplay" demos of the game were not accurate representations of the final product, thus tricking consumers into preordering for an experience which they were not provided with.
Developer Gearbox is also named in the suit, but is not part of the settlement proposal that Sega filed this week. The payout would release Sega from further litigation, but Gearbox, for the time being, is set to continue to fight the claims. The developer “declined to participate in the settlement,” according to the filing.
In July, Gearbox
filed a motion to strike the class of
Aliens buyers the suit represents, and also filed another motion for dismissal of claims that keep it attached to the case, which it argues is Sega's responsibility.
