The trouble with this particular lawsuit is, Gearbox and SEGA will probably be absolutely fine because of the narrow focus of the allegation. It focuses purely on the walkthrough, which can indeed be defended as a work-in-progress.
If it had focused on the fact that the game was not the Gearbox production it claimed to be, or that SEGA continues to sell the game with misleading assets, it might have had a better chance. Sadly, Gearbox can indeed sit on its high horse and claim it was showing a work in progress, even though that "work" was not so much "in progress" as it was designed solely to be showcased -- as evidenced by the fact the finished product is completely different.
At least Gearbox is proud of what it did, and the savvier customers now know full well that anything the company shows in future could be total bullshit. I guess we can't claim to be mislead in future if the next thing Gearbox makes is a turd.
I'm certainly expecting it, given the standards of acceptability the studio has proudly demonstrated throughout all this.
Sega: The Aliens False Advertising Lawsuit Is "Without Merit" [Kotaku]
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