Sega accuses Gearbox as Aliens: Colonial Marine lawsuit gets ugly

Sega of America has filed documents defending itself against false advertising allegations for Aliens: Colonial Marines, pointing to Gearbox CEO Randy Pitchford as a major issue throughout the game’s development.

Polygon reports on the newly surfaced documents, which reveal emails that reference Pitchford’s habit of taking things into his own hands in regards to previously discussed marketing plans.

"I spoke face to face to [Gearbox’s Steve] Gibson about their persistent panel leaking," Sega GM and director of brand marketing Matt Eyre said, in reference to E3 2011.

"Effectively – it’s Randy [Pitchford] doing whatever the fuck he likes. 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 …"

Sega states that while it was given "absolute discretion" on marketing, it was not solely responsible for it as claimed by Gearbox. The publisher claims all marketing decisions had to be discussed with the studio prior to being finalized.

"The parties had to mutually agree to the ‘precise particulars of marketing assets’ delivered by Gearbox," Sega states.

"Gearbox’s participation – Randy Pitchford’s, in particular – was a key element in the ACM marketing strategy from the beginning."

Gearbox previously released its own statement on the lawsuit, arguing that it should be removed from proceedings altogether.

"Gearbox is a video game software developer. It was neither the publisher nor seller of the video game at issue. For more than a year, Gearbox has quietly abided the plaintiffs’ claims so that Sega, the game’s publisher and the party responsible for the game’s marketing and sale, could assume the defense of this lawsuit."

The hearing is set to begin its court proceedings late next month.

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