Sega has alleged that Gearbox Software was just as much to blame as they were for the false advertising of Aliens: Colonial Marines, according to new documents in an ongoing class action lawsuit about the title.
Sega states that while Gearbox Software claims it had no part in the marketing of the game and that Sega was responsible for that area, Gearbox in fact had equal control over the way the game was marketed.
The parties had to mutually agree to the ‘precise particulars of marketing assets’ delivered by Gearbox,” according to the motion. “Gearbox’s participation — Randy Pitchford’s, in particular — was a key element in the ACM marketing strategy from the beginning.
Additionally, Sega’s attorney says that Gearbox overstepped its bounds and did not inform Sega about many marketing decisions. The suit points to one example where Randy Pitchford leaked content that had been intended to be kept under wraps.
Apparently he did it twice on [Borderlands 2] also, against, against all plans and despite the fact they asked him not to. I think our best result here is that we have no more panel sessions.
The motion filed this week also says that the infamous demo shown at E3 2011 was created entirely by Gearbox. Senior producer at Sega of America Matt Powers states that after E3, Gearbox told them that the content shown was the level of quality the rest of the game would be produced at.
During one of my conversations with Gearbox today I verified that the E3 Demo is indeed the bar that we should use to determine where the entire game will be.