Sega Seeks to Settle Aliens: Colonial Marines Suit for $1.25 Million

Sega has agreed to a $1.25 million settlement to end a class-action lawsuit filed against it over Aliens: Colonial Marines.

If approved by the court handling the case, the proposed settlement would clear Sega of America of any further litigation. The $1.25 million, in turn, would be split into several smaller portions to cover the various costs of the case. $312,500, for instance, would be used to pay for plaintiff John Locke’s attorney. Another $200,000 will, in turn, be set aside to cover the costs of administration for the lawsuit. Once that’s done Locke himself will be awarded $2,500.

The remaining $750,000 would then be used to pay any other eligible gamers who purchased the game and can prove (via a three question form) that they purchased Alien: Colonial Marines prior to February 13th, 2013. Confirmed purchasers will not be rewarded more than the cost of the game, though the rewards could decrease if a substantial number of gamers make claims.

One point of potential interest in this settlement however, is the fact that it apparently won’t absolve Gearbox of its involvement in the case.

“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,” said the settlement filing. “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.”

This is likely to sting for Gearbox which just recently filed a motion to have itself removed from the lawsuit altogether. The lawsuit itself, of course, arose in the wake of the controversial release of Aliens: Colonial Marines, a game which by even the kindest standards was considered to be a sorry excuse for a game and, by its harshest critics, a exploitative piece of software that sold itself on demos showcasing an experience than never really existed. The Northern District of California court is expected to decide whether or not to approve Sega’s settlement on September 17th, 2014.

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