Tony from Video Games Made Me Do it talks about the law suit against Sega and Gearbox.
But in he context of things, they did the same as every other company does. Just look at videos for killzone 2 at E3 for example and epics famous bull shots. If this succeeds everyone will be suing everyone.
No, the others made it clear they were target renders. KZ2 made it explicitly clear IT WAS A TARGET RENDER. Go back and watch the E3 footage of Aliens: Colonial Marines, they say it's actual gameplay. None of the screenshots were from the game, that demo was not from the game and the promo material was not from the game. They were using content for a product that didn't exist to promote the game. That's called false advertising.
And I think that is where it killed Gearbox because their head guy was saying that.
That's not true, that content was originally part of the game, however after that Gearbox stopped developing the game and oputsourced it. That part was then changed to what it was in the final version. Gearbox NEVER lied when they showed that E3 demo. They just didn't tell anyone it had changed by release. Whether or not you think that is still false advertisement is up to you...but they did not "Show content that didn't exist". That was what the original game would have ended up like if Gearbox developed it. They simply did a piss poor job of managing after they stopped developing it and decided to focus on Borderlands 2. The game was completely redone by whoever it was outsourced too.
@Irishguy95 It was a demo: http://www.cinemablend.com/... That was NEVER supposed to be the real game, just a "vertical slice" to win people over at E3 and the devs were given free reign to do what they wanted. That whole E3 2011 demo COULD NOT and DID NOT run on console hardware at all and all of that was scrapped because it was running on a high-end PC rig. Essentially it was a playable target render that was NEVER going to meet its target. At least KillZone 2 far surpassed its target render, and while I'm no fanboy, I have to admit that the best form of marketing is when you set a target render, say it's CG then release actual gameplay footage that surpasses that. That's the biggest difference between Aliens and the other games: ACM's demo was essentially something gamers would never get to play and this was a well known fact for Gearbox (and Sega) as soon as they lit the stage up at E3 in 2011.
KZ2 the game looked on par or better than the target render from E307 imho, I guess that's just how GG rolls.
This will open the flood gates... I didn't like this game and the advert made me think I would... I'm getting a lawyer
"If this succeeds everyone will be suing everyone." Which is something that should have started happening a long time ago. Only then would publishers think twice before stepping on our rights as consumers.
Consumers have rights? Explain this please. Consumers have the power to choose, no one owes us (as consumers) anything. We have an opportunity to buy, but that has nothing to do with rights!?!? If consumers choose not to support a product, then it fails. I am a firm believer in waiting for reviews.
@Dirtnapstor: Get informed... Consumer Rights have existed for some time. http://en.wikipedia.org/wik... It extends beyond the right of choice.
A lot of demo's don't represent the final product. Killzone and Motorstorm are good examples, but I'm not sure on when they came out and they said they where target renders. I'm trying to think of more specific examples, but I'm drawing a blank. I remember when WoW advertised new dance moves or something with WOTLK and never delivered them. I have seen sections in demo's that never made it in to the final game and I'm sure MGS2 or MGS1 is one of them. This is gonna bug me, but I think I was pissed off because a demo of MGS1 shown a spin kick, yet it wasn't in the final version.
The way I see it is, if Gearbox and/or Sega get done for false advertisement then it will discourage others from attempting it, and that can only be a good thing IMO.
Nope, it'll get tossed out quick, these things never really amount to much. Even the EA lawsuit over a monopoly with the NFL License netted only a few dollars. People aren't forced to buy these games, they could have waited for reviews, became a little more informed about the product.
you mean correctly informed because what they were showing was mis informed information.
So do people with low end gaming pc's complain that the screen shots for Crysis 3 don't match what they are seeing when they play?
Totally agree. I'm so tired of all the complainers with this mess.
That doesn't make it any less wrong. Gearbox and Sega advertised this mess of a game on websites and TV, knowing FULL well that the game was terrible. Whether some people paid for it or not, no amount of sugarcoating the truth can justify what they did.
.... It doesn't matter if they knew the game was terrible or not. It's their job to sell the game to potential customers. Does someone who says "the game will be great" suddenly become financially liable when you don't think the game is great? Besides, 'terrible' is a subjective phrase. They could have thought it was great. How, I'm not quite sure.
Should cry babies get over this?
no people with low end pc shouldn't complain when the screen shots don't match what they are seeing because its their problem that they have a low end gaming PC. The graphics are actually there and its their pc that is preventing it from looking like the fucking screen shots. The point is that the high end graphics shown exists. In this case the graphics look nothing like the demonstration even if played on a high end PC.
I find your language to be highly offensive sir. A gentleman never resorts to such foul speech. Also you replied to the wrong comment lol
I don't know about you, but I don't enjoy wasting $60 on a game that was thought to look and be a certain way only to have the end product look nothing like it..
Ron Danger over here obviously didn't buy the game or he actually likes wasting money.
So what you're saying is.We should bend over for these corporations and let them get away with crap like this? Let's say you're in the market looking for a new TV and you're intrigued that one of the TV you're interested in has the ability to surf the web,record shows etc.You go and buy it.you get home and set it up etc.Then you wanna record your show but when you try it doesn't support it.You're just gonna sit there with a brand new TV you had just bought to record shows but it can't record.And act that it's ok to be lied too? @Below it is directed toward him.
Try telling Ron Danger that.
Hey guys!! Thanks for all the fast replies!! You're all the best!! Quick recap: no I didn't buy it because I waited for reviews and saw that they all said that the graphics didn't match the demo and that the AI sucked. So I guess being slightly informed about not making a purchase paid off for me!! Thanks!! You guys rock!! xoxo
Are you trying insinuate that there isn't a problem with what Gearbox did? To answer your question, no, nobody should "get over this" we're not just talking about doctored screenshots or gameplay/trailers that had been shown on a high end PC, the game that ended up on shelves was in no way representative of what was promised to us. As a consumer yourself I think you should honestly reconsider which side of the fence you are on.
Playing Devil's Advocate, Gearbox's ace in the hole defense might be that little disclaimer we see when playing a demo: "This demo is a work in progress.The final product may be different from this demo."
But they said it was actual gameplay. I'm glad i waited before i decided. Had i bought this game i'd be pissed
Yes, actual gameplay of a game not completed (at that time). They can go to court and say, "We had this build that we showed to the public, but we just couldn't get it to work so we had to change it." Once again, not my opinion on the matter (I think it sucks that an Alien game, for lack of a better word, sucks), just playing DA. @Minato's comment below: Err...I don't know any video game developer or publisher who would come out and say, "Wait a second, guys! Our game sucks now!"
If that was true why did they continue to show misleading videos of the game? Pretty sure they knew before the the game went gold that the current footage they had shown wasnt representative of the game. They knew long before hand the game wasn't what was shown in the video and had a chance to inform their potential customers but didnt.
Yes, and they should an example with them for other companies not to follow suit.
Probably, but in the long run, it will probably hurt more reputation wise than lawsuit wise for Gearbox and Sega. Everyone is going to remember this game and how inexcusably mediocre this game was. This was not an idea not going over well, it was the complete mishandling and then false-advertisement of a highly anticipated product.
Good thing their game reviews. It saved me $60, instead of buying a screwed up game.
Let them learn there lesson.
Not sure if they should get sued, but I'll never buy another gearbox game again. They took the money Sega gave them, used it in another game (which really isn't that rare.) And then they tricked the public with false videos and promos, which were the only things Gearbox made, they outsourced the actual game to some other company. Just think about that, they wanted extra money for Borderlands 2, so they decided to trick Sega into letting them develop the game, take the money for it and put it into Borderlands. But they didn't even end there, they decided hey let's make some more money, make some small levels to use for promos and videos, dump the actual game on some low tier developers and then we can make money off this. That shows me right there they don't care about the customers, for Randy Pitchford to go out in public and declare how much of a love letter this game would be to fans knowing full well they didn't give two sh*T's about it and made fake videos that were pretty good to have everyone fall in their trap (I know I keep repeating that but the F*CKING AUDACITY OF SUCH A THING!!!) No matter what Pitchford does now can't fix his image, there are developers who make mistakes not knowing what they did would wrong their customers, but this guy knew full well what he was doing and did it with a smile on his face. No amount of shift codes for Borderlands will ever fix that.
You guys seem to be forgetting that it's their job to actually advertise the game. Every single advertising agency does this sort of thing. Do you really think that Clearasil can make your face look like some porcelain doll? When was the last time you bought a hamburger from McDonald's and actually had it turn out like on the advertisement? I'm not defending the game by any means - it's a terrible game and one I'm glad I didn't spend money on, but you can't honestly expect to hold a company financially liable for a game that didn't live up to expectations. I'm sure that Sega could probably hold Gearbox responsible, but not your average consumer.
Its their job to advertise their game, not to falsely advertise their game. That is unethical and illegal. If it is proved that Gearbox falsely advertised their game they are going to suffer the consequences.
My point is that 'everything' is falsely advertised to some degree. You can't sue McDonalds because your burger was falsely advertised as being neat and proper. There was no guarantee that any of the pre-release footage would actually be in the game. Even if this makes it past the first stage, all Gearbox has to show is that they made an honest effort to include it, but due to time constraints or technical issues couldn't be included. Things that were out of their control.
It doesn't change the fact that if someone chooses to sue a company that has falsely advertised their product/service and if it is proved that the product/service was indeed falsely advertised, that company is going to pay the consequences.
No they don't. There are alot of advertisements that didn't do exactly what is shown in the final product and yet people didn't much complain. Look at kinect commercial where a boy is acting like godzilla and a dude scanning his skateboard. Did you ever do these things in the final product?? And even prject milo? I knew it still wasn't possible. justice system in the U.S. is both fair and absurd at the same time. Like the infamous woman where while driving, spilled her mcdonalds coffee on her lap and experienced pain. She Sued mcdonalds for not putting a message on the cup "Caution very hot". And yet she won because mcdonalds doesn't want so much trouble for such a small case so they just payed up.
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