Sega might have to pay out $1.25 million to settle a lawsuit that claims the publisher falsely advertised Aliens: Colonial Marines. If successful, the settlement would effectively allow Sega to avoid further litigation.
When Colonial Marines was released back in 2013, fans were shocked at the difference between initial gameplay trailers and the final product. It looked almost as bad as it played.
Sega has already admitted that its marketing was "misleading", and now they're offering to settle out of court in order to avoid further lawsuits. The $1.25 million would be split in order to cover court and admin fees, with the majority going towards refunding customers who purchased the game before February 2013.
"In exchange for the relief described above, Sega ’” but not Gearbox ’” will receive a full release of all claims related to Aliens: Colonial Marines, including claims relating to the design, marketing, operation of, or warranties provided in connection with the game," states the court filing in question, according to Polygon. "Quite importantly, the settlement only releases claims against Sega ’” not Gearbox ’” so the litigation will continue as to that defendant with the prospect of further recovery."
Eligible customers would have to file for the refund, the value of which would depend on the number of claims filed. This settlement would let Sega of the leash, at least to some extent, but Gearbox might still be in trouble, as the ruling would not protect them from further litigation proceedings.
The court is expected to decide whether or not to approve the settlement by September 17.