In the face of false advertising claims, both Gearbox and SEGA are keeping their cool. Following news earlier this week that a Californian law firm will file a class action lawsuit claiming the companies falsely advertised Aliens: Colonial Marines, both have written off the claims as without merit. In statements provided to Kotaku , both companies shrug the claims off, with varying degrees of flippancy.
"SEGA cannot comment on specifics of ongoing litigation, but we are confident that the lawsuit is without merit and we will defend it vigorously," a SEGA spokesperson said. Meanwhile, Gearbox worded their response more severely. "Attempting to wring a class action lawsuit out of a demonstration is beyond meritless. We continue to support the game, and will defend the rights of entertainers to share their works-in-progress without fear of frivolous litigation."
As reported , the suit is claiming damages for those who purchased the game both on its release date and as a pre-order, on the grounds that those consumers were mislead by early demo footage. SEGA even acknowledged early last month that the early trailers "did not accurately reflect the final content of the game," and that they will mark early footage as works-in-progress going forward.