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UPDATE 16/05/24: Sources are telling me that a new ToS revision is in the works and will be shoved through either in the upcoming public release of 2.4 or thereafter. If you ever hope to get financial accountability or refunds – two of the key provisions of the current ToS v1.2 – do not agree to it. On June 1st, backers have the legal right to both a refund and financial accountability as promised.
Make no mistake, several things are in the works, and there are going to be legal ramifications – including the complete decimation of the arbitration clause introduced in ToS 1.1 by people who never agreed to that ToS revision.
More here.
This was brilliant. Regardless of alliances, I have to admit, these guys are true pros. Thanks for having me on!
Guard Frequency Episode 121 | Don’t Panic
Star Citizen: Two Years after Arena Commander hit our hard drives
Some quotes:
Hello YouTube, today I’m taking a look at Star Citizen, essentially TWO YEARS after the intital release of ARENA COMMANDER to backers, and looking at where things are today and where they stand… and I can’t help but feel a little bit kind of DISAPPOINTED, because I would have expected MORE THINGS TO HAVE BEEN DONE RIGHT.
I’ve just witnessed over the last two years, a CONTINUAL DISREGARD for getting the devil in the details done to an ACCEPTABLE LEVEL. They seem to be content to let things FESTER ALONG for MONTHS and YEARS at a time. Instead of going forward and addressing those and building upon successful iterations, to deliver upon a product that could be so much more right now than what is shown.
They’ve gone for the n’th degree when it comes to the VISUAL aspects of the game, they have NOT put forth that same level of effort when it comes to things like CONTROLS and BASIC GAMEPLAY. And while it’s pretty to look at, the underlying POOR GAMEPLAY MECHANICS are just UNACCEPTABLE because it didn’t have to be this way.
Out of a staff of however many they’ve got now, over several hundred not including contractors and things of that nature, you can’t tell me that you didn’t have ONE PERSON whose job responsibility at least 50% of the time was trying to implement and iterate upon the CONTROLLER SCHEMES including functions that should be pretty BASIC.
…
TWO YEARS after the release of ARENA COMMANDER version point eight, we STILL cannot select which missile we want to fire when… The GLADIATOR has been around FLIGHT READY for over a YEAR at this point, and this would have seemed to me to be one of those CRITICAL FEATURES that was truly needed at that time.
…
The tutorial mission has been broken for NINE, TEN MONTHS at this point throughout multiple iterations or multiple patches, and this is many people’s first experience into the game world, and instead of being a positive one to show them … they’re left most of the time UNINSTALLING IT when they learn the mission’s bugged.
…
It’s as though they tried to build a foundation, pour a foundation, but they got their mix of water and cement and aggregate wrong. And instead of solidifying into a solid base, it’s a wet, sloppy, slurry messIn the case of Kickstarter, it means the Nov 2014 date posted in the campaign.
In the case of the original 2012 CIG website, it means the same as above.
In the case of the CIG website, it means the dates such as this
Less than 24hrs later, they are no allowing paid ($10 per month) channel subscribers access to 2.4 as well; thus leaving out a swath of backers with no access to a game they’ve already paid for. Yeah.
Star Citizen Streamer’s epic rant at CIG after discovering he doesn’t have 2.4 PTU access.
Transcript:
Loken:
Why don’t I have access to the PTU exactly!?
How DUMB is this stuff!?
I’ve spent like a hundred and fifty, a hundred and sixty quid on this STUPID BLOODY GAME I should have access to the BLOODY PTU! Oh for crying out loud, for real CrimsonWolf, you mean you have to SPEND EVEN MORE MONEY on this STUPID not… UGH! Star Citizen, you know, I… you know something guys, I… I SWEAR, I’m trying to LIKE you but right now that is a really, REALLY dumb way of doing things, I mean for real, people who have spent a decent amount of money on the game already should just have AUTOMATIC ACCESS to it, by sheer virtue of a THANK YOU, for being committed enough to the game to actually uh… to actually… yeah I think it’s BLOODY RUDE, I spent, like I said, a hundred and sixty pounds on a GOD DAMN RETALIATOR ok? I think I should have access on a regular BASIS, I mean I have access to the frikken ETERNAL CRUSADE, I’ve got bloody um… I’ve got bloody access to the PUBLIC TEST UNIVERSE on ETERNAL CRUSADER, I’ve got BLOODY CONTACTS in the PR DEPARTMENT of Eternal Crusade because I’m a streamer and I said, you know, I love the game, let’s play it, let’s work together. I’m like ‘Yeah! Of course! No problem!’… Star Citizen come on guys, what is this, seriously?
Gah, Lee, I’m sorry to say I’m like a… I get… I… I… No, I… if people come in and I sound like a spoiled brat, but I just FEEL that from a CONSUMER STANDPOINT, from a standpoint from ALL of you ladies and gentlemen out there, who are playing the game and who have bought into the game… even if you’ve got, I think ANYBODY who’s bought into the game should have ACCESS to the PUBLIC TEST UNIVERSE, you know what I mean? You SPENT MONEY, REAL MONEY you didn’t have to spend, on a game that is going to be BUY TO PLAY ONCE.
shadowofamaterasu:
that’s the requirement lately. They give access to people who are active in reporting bugs and erros in the PTU cycles
Loken:
I don’t CARE particularly about them Shadow … it SHOULDN’T BE SELECTIVE, it should be a case of if you SPENT MONEY and you BOUGHT INTO THE GAME, then you get access to the public test universe as one of the THANK YOUS and results… resultant factors of being, you know… GRACIOUS enough to give a game that… give a game that ISN’T OUT YET, you know, CASH.
BoredGamerUK:
yo
how’s it going bro
Loken:
So BoredGamerUK it’s going alright apart from I’m a little bit… a little bit MIFFED that I’m not a, uh… I’m… I… I had ASSUMED that because I had spent a decent amount of CASH on the game that I’d be able to get into the PTU, and unfortunately I am apparently NOT on the PTU. So I’m a bit… you know, I’m a bit NARKED I have to admit. I don’t see any real reason not to let people play who show interest in the game, they should have access, exactly. Thank you very much BoredgamerUK for the follow my man I do appreciate it and welcome to the community brother.
This is the silliest way I’ve seen of handling it, I’m sorry but it is. And I don’t actually give a monkey’s… REAR about them saying (air quotes) ‘oh, it’s to do with those who give BUGS TEST etc’, if you paid TEN POUNDS A MONTH you can get access to the PTU by being a (huge air quotes) SUBSCRIBER, you know? (shakes head) It’s a GOD DAMN… you know what it is ladies and gentlemen, you know what it is, they just WANT MORE MONEY.
MORE MONEY! A game that has a hundred and thirteen million dollars!
shadowofamaterasu:
PTU is for bugfinding and test purposes. Hence public TEST universe.
Loken:
Shadow, I’m saying you can get access to the PTU if you spend TEN QUID A MONTH on the SUBSCRIPTION PROGRAM (ironic thumbs up). So I don’t think that’s the reason brother. As much as I’d love to think it’s something as SIMPLE and as INSTANT as that… I just think it’s a case of GIVE ME MONEY. Hmm. I’m actually really rather narked about that, I have to admit. I don’t actually know how to proceed. I’m not gonna lie. I could just by the, uh, STUPID, um… SUBSCRIPTION I guess. Because I would like to see what to do with the STUPID GAME, it’s just… I… I… I’m so… I’m so NARKED about that. I’m really sorry guys, I don’t usually get this narked over things but… I… I… aaaghhhh…. just…. WHY?! Why would you not give people who have spent money the opportunity to be in? Maybe put a cap of, I don’t know, maybe FIFTY QUID or something.
nicks123132:
bored gamer explain to this man why things are the way they are
Loken:
Oh please do I’m genuinely curious.
BoredGamerUK:
I understand your PTU pain. They had a load of people complain when the PTUs are buggy. And to build hype and make some more monies they have restricted it a bit. I mean, it’s ok for them to make money & it is pretty open dev. But yeah I know what you mean, I’d be annoyed if I wanted to play
Loken:
Again, I… like I said, when I came on today, and I started the stream up I assumed that due to the fact that I had a, you know… I’d bought into the programme, I’d got the uh, the SHIPS, you know I have a couple of them, I’ve got a RETALIATOR, I’ve got an AEGIS AVENGER… I… you know, I don’t understand why then I haven’t got access from… and I’ve also ALREADY HAD ACCESS IN THE PAST, uh, it’s from PTUs that I don’t get from THEN ONWARDS access to… the following PTUs you know… I’ve shown an INTEREST in the game, I’ve given REPORTS in the past, I’ve shown VIDEO FOOTAGE from the LIVESTREAM, about things that haven’t worked, or things that have gone wrong, or been falling through ships… I mean just recently we were playing with… on the free ship weekend, we were playing with some of the bits and pieces there and I FELL OUT OF THE HANGAR a couple of times from a CONSTELLATION… and it’s like (shakes head)… you know?
Again I’m just… UPSET.
The Nov calendar date count-down has nothing to do with a lawsuit being filed.
It had to do with the month-end expiration of the ToS v1.1 of 08/29/13 which I documented in my The Long Con blog post and which The Escapist article also covered.
ToS v1.1 of 08/29/13
IV. Charges & Billing
“RSI agrees to use its good faith business efforts to deliver to you the pledge items and the Game on or before the estimated delivery date. However, you acknowledge and agree that delivery as of such date is not a promise by RSI since unforeseen events may extend the development and/or production time. Accordingly, you agree that any unearned portion of the deposit shall not be refundable until and unless RSI has failed to deliver the pledge items and/or the Game to you within 12 months after the estimated delivery date.”
ToS v1.2 of 02/01/15
VII. Fundraising & Pledges
“RSI agrees to use its good faith business efforts to deliver to you the pledge items and the Game on or before the estimated delivery date communicated to you on the Website. However, you acknowledge and agree that delivery as of such date is not a firm promise and may be extended by RSI since unforeseen events may extend the development and/or production time. Accordingly, you agree that any unearned portion of your Pledge shall not be refundable until and unless RSI has failed to deliver the relevant pledge items and/or the Game to you within eighteen (18) months after the estimated delivery date.“
This TOS is material and key to legal action. For those of you who don’t understand the process, lawsuits are not the sort of thing you just file on a whim. They are not fun for anyone involved in them.
And you can’t threaten it, then not file because you can get sued for that!
Regardless of how many causes of action you list, once you do file it, the other side has thirty days to respond. Once they do, you’re off to the races.
And once that race starts, the attorneys start picking apart the causes of action in an attempt to get the whole thing tossed. And in their response, depending on the insanity levels, they get to file a counter-suit as well if they want.
Each of the “causes of action” that gets tossed by the judge, means an award of fees to the side that got it tossed. It’s can be demoralizing to some extent. Especially if the judge tosses a key cause of action and upon which the merits of the case hinges.
And in responding to their responses to the lawsuit, you now also get to respond to their counter-suit (if any) and try to get them tossed as well.
It’s a dance.
And an expensive one depending on how much useless time wasting shit you have to fight. Which is why we anticipated spending around $100K by discovery. Assuming the case even goes that far and doesn’t get settled especially if the liability insurance companies get involved in the fray.
Given that we fully expect them to rightfully defend against any lawsuit, I am resigned to the fact that it could cost well over $250K by discovery. And I have no problems with that because I believe that what I’m doing is right and just. When they made this personal back in July, then singled me out, they cast the first stone and signaled that they did in fact have something to hide. Here we are.
Them suing me is an inconsequential non-issue for me financially because i) they have no leg to stand on any of that ii) anti-SLAAP is a real deterrent; esp here in FL iii) I have robust liability insurance for that; and the best that money can buy.
And Chris Robert’s insane diatribe against me and The Escapist in early October has caused a massive legal nightmare for them in terms of the litany of causes of action that it contains and which weren’t even a factor prior to him writing that.
WARNING
The current ToS 1.2 expires on May 31st. If you want a refund, do NOT agree to the new one. Sources say they may change it; hence the reason they released 2.4 prematurely to the standard (from Evocati) PTU, and are now inviting more people (e.g. those who subscribed) than before. The issue is that if they change it, and you login to the site, you will need to agree to it, and thus be bound by whatever new one they come up with.
So watch out for this!
