Sega of America will tentatively pay out $1.25 million in order to settle the class-action lawsuit brought against the publisher and Aliens: Colonial Marines developer Gearbox Software. Both companies are accused of falsely advertising the game with faked demos at various events including E3.
If the settlement is approved then Sega will pay the specified amount into a settlement fund and will be in the clear. However, the team at Gearbox, who vehemently deny wrongdoing, will fight on.
Under the arrangement, $312,500 will be used to cover plaintiff attorney fees, $200,000 will cover administrative costs, $2,500 will go to the plaintiffs, and the remainder will go to eligible customers who made the unfortunate purchase. Buyers will have to fill out a claim form with three questions to answer, must have purchased the game before February 13, 2013 and will have to be approved. They will receive an amount not exceeding what they paid for a copy of Aliens: Colonial Marines. However, how much they receive will depend on how many claimants there are. Any monies left over will not be returned to Sega.
Do you think this is a fair deal? Should Gearbox give in?