Gearbox took this power and ran with it, often making announcements to the press and public without Sega’s approval—and sometimes in the face of Sega’s explicit disapproval.
On many occasions Gearbox leaked information to the press that Sega had not intended to be made public at that time, with Sega finding out only after the fact. Sega had limited ability to stop these leaks because Gearbox had contractual marketing rights.
• Although Sega would sometimes prepare materials to guide Randy Pitchford of Gearbox at press appearances for ACM, Mr. Pitchford would often go off-script. In June of 2011, for example, one member of the Sega PR team noted that
the Q&A Sega prepared for Randy was “useless” because “Randy talked a LOT beyond what was in there.” (Cheng Decl., Ex. K (June 8, 2011 email string between Kerstin Mueller and Wouter Van Vugt of Sega).)
• At Gearbox’s Community Day 2011,
Gearbox made announcements about ACM that weren’t discussed with Sega and that Sega had not planned to make public at that time. (Cheng Decl., Ex. I (June 15, 2011 email string between Rowan Tafler, Matthew Powers, and others stating that “Announcing [this item] at the community day wasn’t discussed with us . . . .”
.)
• In July 2012, Gearbox posted a developer profile for ACM to its website “without prior approval” from Sega. (Cheng Decl., Ex. L (July 25, 2012 email from Chris Faylor of Gearbox to Mehlfeld).)
• In September 2012,
Gearbox allowed an unapproved screenshot of ACM to be released to the press. The screenshot turned up on multiple press websites. (Cheng Decl., Ex. N (September 10, 2012 email string between Adam Fletcher of Gearbox and Craig Harris and others from Sega).)
• At Community Day 2012,
Gearbox allowed a press participant to experience part of the game that Sega did not want shown at that time. (Cheng Decl., Ex. J (September 19, 2012 email string between persons at Sega).)
• Prior to a press event in October 2012,
Sega discussed what Gearbox planned to present: “[Sega will] probably never know as they haven’t shown us anything they want to do so far.” (Cheng Decl., Ex. P (October 1, 2012 email string with Kerstin Mueller, Daniel Gallardo, and others at Sega).)
When Sega confronted Gearbox in October 2012 about the persistent unapproved leaks by Gearbox,
Sega was told by Gearbox that “[e]ffectively – it’s Randy doing whatever [] he likes . . . despite the fact that they asked him not to.” (Cheng Decl., Ex. R (October 16, 2012 email from Matt Eyre to Rowan Tafler and others at Sega).)
• Also in October 2012,
after yet another leak by Gearbox at NYCC, Sega’s marketing and PR team noted that Gearbox presented unapproved information about ACM “despite being told not to” and that this was “a consistent problem.”
(Cheng Decl., Ex. Q (October 26, 2012 email from Rowan Tafler to Kerstin Mueller and others at Sega).)
