Sega have filed a settlement in the class action suit brought against them and Gearbox Software in which the company will pay out $1.25M for misleading consumers with demos and videos that bore little resemblance to the finished Aliens: Colonial Marines game.
If the court approves the settlement Sega will not be liable for any further litigation and John Locke, the instigator of the case, will pocket $2,500.
Over $500,000 will be paid to cover costs the rest of the money will be placed in a fund. Any customers in the States who purchased the game will be able to fill in a form and get a slice of the cash, how much depends on how many people apply but it will not exceed the original price of the game.
Sega have always denied any wrong doing, as have Gearbox, and the settlement is not an admission of guilt.
The settlement only covers Sega’s involvement, Gearbox have insisted they never should have been included in the suit in the first place and the case against them will continue.
One of the original plaintiffs, Roger Damion Perrine, has been removed from the case as he is currently in jail awaiting trial charged with simple assault and terroristic threats with intent to terrorize another.
Despite all the controversy the game has never left the top 40 since it was released and is currently at number 35 in the charts.
It’s an expensive lesson for Sega but there is no denying the disparity between the original demos and the final product.