Borderlands maker Gearbox Software has been dropped from a lawsuit over alleged false-advertising for Aliens: Colonial Marines.
The lawsuit was filed in Northern California just two months after the game was released in February 13, 2013. The plaintiffs accused Sega and Gearbox of giving a false representation of what the game was really like in preceding demos and previews, therefore misleading both investors and consumers. Aliens: Colonial Marines was universally panned upon release, and the game’s publisher Sega later revoked it from sale.
While Gearbox had initially stated that they intended to fight the lawsuit, they later took a different approach by arguing that accusations against it are baseless, citing Sega’s failure to reimburse the game studio for supplementing Sega’s development budget for the game with its own money. Gearbox also stated that it was not responsible for the marketing of the game, therefore relinquishing it of any wrongdoing.
Despite this, and despite the success of the studio’s Borderlands series, the stench surrounding Aliens: Colonial Marines has refused to disappear.
According to court documents obtained by Polygon, the game developer was granted its motion for dismissal just a couple of days ago. The attorneys representing the plaintiffs agreed to the dismissal, on the condition that Gearbox would not pursue legal fees or start separate proceedings on the same case.
The district court of Northern District of California dropped the class action certification of the lawsuit. Instead it is now just represented by the two gamers who initially filed the lawsuit, who are in new settlement talks with Sega.