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Gearbox doesn’t think they should be a part of the Aliens: Colonial Marines lawsuit

Posted on August 1, 2014 AT 01:25pm

You might recall that Aliens: Colonial Marines wasn’t a very good game, despite some impressive pre-release demos. You might also recall that, in April of 2013, a pair of disgruntled gamers filed a class action lawsuit against publisher Sega and developer Gearbox Software for misrepresenting and falsely advertising the title.

Now, Gearbox is fighting back. Earlier in the week, the Plano, Texas–based studio filed motions asking to be removed from the case as a defendant—since they claim to have played no role in marketing the game—and to strip the case of its class action status.

“Gearbox never belonged in this lawsuit. Gearbox is a video game software developer,” one motion reads, as reported by Polygon. ” 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.”

In effect, Gearbox is saying Sega should take any and all blame should the court find in favor of the plaintiffs, since they were the ones who would’ve been responsible for any alleged false advertising. It’s the legal equivalent of tripping your friend so the bear will stop to eat him and give you a chance to get away.

A few interesting tidbits leaked out as a result of the motions, as well. A statement from Gearbox VP of marketing Steve Gibson, filed in support of their motion to be removed from the case, reveals that Gearbox sunk millions of their own money into the game and never got it back, since sales were too low for royalty payments to kick in.

Josh Harmon, Associate Editor
Josh Harmon picked up a controller when he was 3 years old—and he hasn't looked back since. This has made him particularly vulnerable to attacks from behind. He joined EGM as an intern following a brief-but-storied career on a number of small gaming blogs across the Internet. Follow him on Twitter @jorshy. Meet the rest of the crew.

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