Video game developers accused of false advertising

Can you wind up in court for making a bad video game? That's the question two development companies faced when they became defendants in a lawsuit on April 30. 

The suit, filed in the Northern District of California Court by law firm Edelson LLC on behalf of plaintiff Damion Perrine, accuses Gearbox Software and Sega of falsely advertising their most recent game, Aliens: Colonial Marines. The highly-anticipated game, based on the Alien movie franchise, was released on February 12 to mostly negative reviews from critics who cited poor graphics and problematic gameplay, among other issues. 

According to an article on Polygon, the lawsuit claims that Gearbox and Sega misrepresented their game at trade shows prior to its release by showing demos that didn't look anything like the final product—and in some cases looked better than what players eventually received. 

"Each of the 'actual gameplay' demonstrations purported to show consumers exactly what they would be buying: a cutting edge video game with very specific features and qualities," says the claim. "Unfortunately for their fans, Defendants never told anyone — consumers, industry critics, reviewers, or reporters — that their 'actual gameplay' demonstration advertising campaign bore little resemblance to the retail product that would eventually be sold to a large community of unwitting purchasers."

The lawsuit goes on to claim that consumers who pre-ordered the game based on the demos they watched are entitled to damages, since their purchase allegedly ended up being a different game than what they were led to expect.

Lawsuits can be costly and damaging to any company's reputation. Businesses that find themselves on the receiving end of a lawsuit could benefit from consulting with a Phoenix small business attorney.

Categorised in: Litigation

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