Earlier this week we reported that a class action lawsuit had been filed against Sega and Gearbox software on the grounds of false advertising for Aliens: Colonial Marines. As we all found out on launch day, Sega released a game that bore little resemblance to the one displayed during numerous trade shows like E3. Animations, lighting and scenes were obviously spruced up for a stage demo before being returned to the ugly mess for the actual game committed to disc. Review embargoes also meant there was no time to warn faithful fans who pre-ordered the game.

Well, both Sega and Gearbox have given statement via IGN. Gearbox seem bullish straight out of the blocks, “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.”

While Sega made a similar statement, it was slightly more reserved, “Sega cannot comment on specifics of ongoing litigation, but we are confident that the lawsuit is without merit and we will defend it vigorously.”

Admittedly, this is a long shot to say the least, but if the lawsuit is successful, we’re likely to see much less bullshots and concept videos from developers, which can only be a good thing.

It’s interesting that nobody’s really mentioned a similar issue with Irrational and Bioshock Infinite. It was a great game, but -MINOR SPOILER- so many scenes and gameplay elements shown at E3 et al, saving postman, opening tear near horse, bringing cargo containers through tear, how you acquire the Murder of Crows vigor and more scenes are nowhere to be seen in the final game. We have a strong feeling some of them will turn up as DLC, but that’s not the point. We were led to believe they would be in the game on the shelves.