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Author Topic: When Kickstarter goes wrong?  (Read 678743 times)

MrWiggles

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Re: When Kickstarter goes wrong?
« Reply #1425 on: July 18, 2012, 10:49:34 pm »

I dont really think the term investor really implies in this case. Donator seems more apt.
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alway

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Re: When Kickstarter goes wrong?
« Reply #1426 on: July 18, 2012, 10:59:00 pm »

Okay, so I was partially wrong.
http://www.kickstarter.com/terms-of-use
Relevant stuff:
Quote
The Estimated Delivery Date listed on each reward is not a promise to fulfill by that date, but is merely an estimate of when the Project Creator hopes to fulfill by.
Project Creators agree to make a good faith attempt to fulfill each reward by its Estimated Delivery Date.
Kickstarter does not offer refunds. A Project Creator is not required to grant a Backer’s request for a refund unless the Project Creator is unable or unwilling to fulfill the reward.
Project Creators are required to fulfill all rewards of their successful fundraising campaigns or refund any Backer whose reward they do not or cannot fulfill.
Project Creators may cancel or refund a Backer’s pledge at any time and for any reason, and if they do so, are not required to fulfill the reward.
So they (kickstarter) do have the legal power to compel refunds. However, it is still left somewhat nebulous for a majority of the projects. Some rewards are cut and dry as to refund/no refund, but I would say most, particularly the 'pre-order' type rewards, are a bit more of a grey area in regards to quality. The one discussed most recently is, in fact, adequate grounds for demanding refunds. However, when it comes to software, one could throw together a command-line rpg in a day, call it the finished product, and give it to backers and probably be just fine legally. So while there is a guarantee you get something, it doesn't necessarily say it needs to be accurate to what it was advertised as.

Still, it is a donation, not an investment or anything of that sort; it's like giving to a cancer fundraiser to get the free stereo for the $250 donation level or something similar to that.
« Last Edit: July 18, 2012, 11:01:44 pm by alway »
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MrWiggles

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Re: When Kickstarter goes wrong?
« Reply #1427 on: July 18, 2012, 11:02:04 pm »

I think that's as exact they can actually get.

The lynch pin there, is 'in good faith'.

Like the HD glasses guy that their backers are getting ancy over. From their updates it seems they're making good faith attempts to get the product out of the door.
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alway

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Re: When Kickstarter goes wrong?
« Reply #1428 on: July 18, 2012, 11:04:31 pm »

I think that's as exact they can actually get.

The lynch pin there, is 'in good faith'.

Like the HD glasses guy that their backers are getting ancy over. From their updates it seems they're making good faith attempts to get the product out of the door.
Their comments page had someone post this interesting link: http://mashable.com/2012/07/17/kickstarter-delivery-infographic/

Another interesting line though from the TOS:
Quote
“All dealings are solely between Users. Kickstarter is under no obligation to become involved in disputes between any Users, or between Users and any third party. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site. Kickstarter does not oversee the performance or punctuality of projects.”
Which means Kickstarter actually won't get involved in disputes over rewards; court would be the only recourse, and unless you gave $10k or something, wouldn't be anywhere near worth the hassle and legal costs to pursue.
« Last Edit: July 18, 2012, 11:07:27 pm by alway »
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MrWiggles

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Re: When Kickstarter goes wrong?
« Reply #1429 on: July 18, 2012, 11:12:39 pm »

That infographic doesnt really surprise me. A lot of kickstarter are first time ever products, so they lack the experience to determine how long their project will take. And since they're their own boss, they lack outside pressure to actually deliver a project, and a majority of these projects aren't especially hindered if they happen to miss a marketing window.

So yea, poor estimations + little pressure to release = delays.
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penguinofhonor

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Re: When Kickstarter goes wrong?
« Reply #1430 on: July 18, 2012, 11:21:59 pm »

I've been waiting about a year now for two projects from last summer. I'm sure they'll get here eventually, but it's a bit annoying.
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ggamer

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Re: When Kickstarter goes wrong?
« Reply #1431 on: July 18, 2012, 11:26:32 pm »

So I said to myself, "oh hey, might as well check on the kickstarter thread."

and look what I found.


BURN THE WITCH.

In all seriousness, she wouldn't look too out of place at the annual meeting of the fucking crazy.

lemon10

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Re: When Kickstarter goes wrong?
« Reply #1432 on: July 19, 2012, 12:27:49 am »

I think that's as exact they can actually get.

The lynch pin there, is 'in good faith'.

Like the HD glasses guy that their backers are getting ancy over. From their updates it seems they're making good faith attempts to get the product out of the door.
Their comments page had someone post this interesting link: http://mashable.com/2012/07/17/kickstarter-delivery-infographic/

Another interesting line though from the TOS:
Quote
“All dealings are solely between Users. Kickstarter is under no obligation to become involved in disputes between any Users, or between Users and any third party. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site. Kickstarter does not oversee the performance or punctuality of projects.”
Which means Kickstarter actually won't get involved in disputes over rewards; court would be the only recourse, and unless you gave $10k or something, wouldn't be anywhere near worth the hassle and legal costs to pursue.
I seem to remember Kickstarter going after someone once (a film student who didn't do with the money what he said he would do).
I don't know what exactly what it would do if one of the big million dollar projects failed, but I think (although they are not obligated to do so), that they would go after them legally if at all possible if only to protect the integrity of the Kickstarter brand.
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Flare

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Re: When Kickstarter goes wrong?
« Reply #1433 on: July 19, 2012, 04:12:35 am »

However, when it comes to software, one could throw together a command-line rpg in a day, call it the finished product, and give it to backers and probably be just fine legally.

Maybe within the letter of the law, but in cases like these judges often use their discretion. They're not exactly idiots and can often tell when a party has been shafted by another, even when it's technically within the letter of the law.
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Draco18s

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Re: When Kickstarter goes wrong?
« Reply #1434 on: July 19, 2012, 07:57:51 am »

I think that's as exact they can actually get.

The lynch pin there, is 'in good faith'.

Like the HD glasses guy that their backers are getting ancy over. From their updates it seems they're making good faith attempts to get the product out of the door.
Their comments page had someone post this interesting link: http://mashable.com/2012/07/17/kickstarter-delivery-infographic/

Overfunding generally means "met stretch goals" and those stretch goals take time to produce, and that time hasn't been factored into the estimated delivery date.

Speaking about my project in particular, our base goal did not include publishing our game and having it professionally printed.  Even at our stretch goal, we made our delivery date on the expectation that we'd be using a print-on-demand service (Game Crafter) which would have allowed us to ship sooner.

But we were so successful that we added a large portion to our plate of things to do, as well as getting a publishing deal.  And that is taking longer to negotiate out and nail down that even our wildest expectations.  Outside, we estimated late August for delivery, and I'm beginning to doubt that we'll have it out by October.

Still, progress is being made, and the results will be well worth the wait.
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Skyrunner

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Re: When Kickstarter goes wrong?
« Reply #1435 on: July 19, 2012, 08:08:42 am »

That game looks fun. o.O

I'm sorry I missed it :P
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MrWiggles

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Re: When Kickstarter goes wrong?
« Reply #1436 on: July 19, 2012, 08:59:51 am »

Yea, I never assumed that more money equals faster production. I wonder why that seems to be a common notion.
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Draco18s

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Re: When Kickstarter goes wrong?
« Reply #1437 on: July 19, 2012, 09:25:31 am »

That game looks fun. o.O

I'm sorry I missed it :P

Send us an email/message (or a PM here) and we'll put you on the list of people to notify of when we have stock.
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GreatJustice

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Re: When Kickstarter goes wrong?
« Reply #1438 on: July 19, 2012, 01:38:00 pm »

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MrWiggles

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Re: When Kickstarter goes wrong?
« Reply #1439 on: July 21, 2012, 04:48:11 am »

Shadowrun MMO Kickstarter

http://www.kickstarter.com/projects/1964352341/shadowrun-online

They're fairly aware of the single player game.

The thing that I'm finding it curious is in its FAQs, talks about the OUYA console. This seems so weird.
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