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#2375
Dsmart
dsmart
Keymaster

As I posted elsewhere:

“Quite a number of people don’t realize just how serious I am taking all this. I’m not doing it for shits ‘n giggles; or because I don’t have better things to do with my time and money, but to spend it on legal bills, investigations, research etc.

And the latest thing to irk me (because I know a lot more than what has been public), is the Illfonic situation and how RSI/CIG have pretty much thrown them under the bus over SM since last year. And if you’ve heard my rants about how they are treating some of the people still working on this project, then you already have a pretty good idea what my motivation for all this is. Outside of the fact that they drew first blood.

Since no private person is going to be able to sue them over Star Citizen without going through arbitration, even though there is a very slim chance that it can be tossed out of arbitration and into court (State or Federal), I have been hoping (yeah, I know right?) that they’d sue me by now because that gets around the entire arbitration conundrum and gets the ball running. But they know that ANY lawsuit for ANY reason that arises out of this farce, makes it open season on everything – including Star Citizen which is the reason for all this. My attorney already put them on notice in one of his letters (which I made public) for that specific reason.

And since I have no intentions (at this time) of suing Chris or CIG/RSI over his defamatory diatribe (in his response to The Escapist), since that’s just going to be a waste of time given how long it would take to slog through that and get to the Star Citizen part, I am left with no choice but to do precisely what I said I would do: get the State and Fed authorities involved so that THEY can go take a look and determine what’s best for the consumer. After all, that’s precisely what the FTC (a Fed agency) is for.

And since I haven’t and wont’ do ANYTHING illegal, they simply can’t hurt me in any way, shape or form (Chris knows this, and has said on the record that “I have nothing to lose”. He’s right) over this, given the fact that 1) I’m not making shit up on a whim 2) most of what I’ve stated as opinion and/or hyperbole is not legally actionable 3) any action they bring, and which we get tossed is a win for me and very – very – bad for them, they have no choice but to weather the storm until they either deliver or fold.

Chris’s commentary over the SM debacle should be notable to anyone who read his Escapist diatribe and understood the tone, premise and hubris within.

They’ve been playing a very bad game of “Derek Smart” poker with me. And losing. And I don’t even play poker.”


“Yes, the issue with the govt – as I’ve stated before – is that 1) they take their sweet time and probably won’t get to it until it’s all over 2) we won’t be privy to any of the information that backers are entitled to because Fed action is not the same as a private or class action – they won’t tell you shit if you’re not part of the action

Yes, myself or anyone can sue them over Star Citizen but as attorneys (even the two that contacted me and offered to help pro bono) have said, we run the chance of it being tossed out of State or Fed court and into arbitration due to the ToS. In my case, since they have NO evidence that I ever agreed to their new ToS, having never – ever – played the game or done anything that resulted in my agreeing to said ToS, I do have a case. But a slim one.

So the choice is either :

1) sue in State or Fed court and run the risk of it being tossed to arbitration as per Star Citizen ToS. waste of time and money. bad.

2) then (as per above) in arbitration, show enough cause to get it tossed back into State or Fed court. waste of time and money. bad. going back to #1 is good.

3) sue Chris for defamation, make RSI/CIG a party to the suit and add a litany of causes of action related to Star Citizen.

4) wait for the whole thing to collapse. now there are so many reasons (aka “Cause Of Action”) to sue either in arbitration, State, Fed court because now we’re talking about the collapse of a $106M+ project; which is still shy of the $150M+ collapse of 38 Studios and which reached a crescendo of legal shenanigans only because the State had $75M invested in it.

There are other options which I am not at liberty to discuss. But at the end of the day, I have always maintained that I have no intentions of giving up unless and until they 1) give people the refunds they asked for 2) they provide the financial accounting they promised

In the US, you don’t need a plausible reason to sue someone. I could walk into court today, and for less than $500, sue them for a laundry list of things. They will attempt to get it tossed. And if they succeed, they can petition for their legal costs etc.

The legal system is fucked. Which is why a company like this can do shady shit like the ToS shenanigans – and get away with it for a long as they can.”