dsmart
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We’re in the digital age. There is no escaping that. And as long as it’s part of something else, it’s covered under Fair Use. Nobody reproduced the paper. I read (I am fluent in French) it, but opted not to translate it for various reasons (e.g. time, the fact that I’d get accused of being biased in how certain aspects were translated etc).
Also, I don’t care what people say about me. As I said on social media when asked how I felt about what they said:
https://twitter.com/dsmart/status/688849836548947972
nothing. don’t care. Irrelevant. No Star Citizen article would be complete without mentioning me in some form
if I responded to every thing someone says about me, I’d be very busy. that crap simply doesn’t faze me.
I know who I am. I define me. What people think of me is largely irrelevant & inconsequential to me as a person
Their ToS will never stand up in any EU court. Even here in the US it won’t stand up in court. The issue is that the US justice system is so convoluted that it can take awhile.
I just heard that someone in the UK is actually suing them in small claims court. I will post more tomorrow as it develops.
Thanks for letting us know. But yeah, as long as they have not delivered those goods, you have every right to a full refund. You should pursue that.
Yes – they are completely toxic. Which is what they accuse others of being. The thing about it is that even those who just want a game, and who are not part of the Shitizen cult, are now too embarrassed (or even afraid) to even associate themselves with the game and community. And being an MMO type of game, imagine how that’s going to play out if they ever finish and release it.
It’s that lack of respect that really bothers me. Sure, several people have said things about Chris, how he runs the project etc, but I have yet to hear any such complaints from anyone. The Jennison letter was pretty much all we’d hear; and anyone who knows or has worked with/for Chris, should already know how things are. But when it comes to Sandi, I have yet to hear anyone say anything nice about her. And since nobody cares for or speaks to her sycophants (Ben et al), all you get to hear is all the horrid stuff.
What really ticked me off, hence the rant, are what she wrote in those emails to Kevin (aka @Beer4TheBeerGod). It shows a complete lack of respect not only for the very gamers who gave them all this money, but also the teams who are working their hardest to make their “dream” come true.
Then when you think about all the time that Chris spent writing a diatribe saying how we were picking on her etc; then you see her writing stuff that gives credence to what people have said, it all suddenly makes sense.
The Wulf Knight thing is the same instance of how they cultivate horrid behavior from the community, while punishing dissenters. In tact, the BTH Radio and Information Redux folks were discussing that in their stream (start at the 1hr:05 mark) yesterday as well.
Since people keep asking me about this, I have excerpt it from my blogs. There is also a forum thread detailing the surreptitious ToS changes.
HOW TO REPORT A PRODUCT TO THE FTC
First, read the FTC bulletin, Getting Your Money Back
If you feel that you have been misled when you backed the Star Citizen project after Oct, 2012, and you want a chance to get your money back, the FTC has setup a special department that deals with crowd-funding complaints. You can fill out this form. Then select “Internet services, online shopping, or computers” then “Online shopping”. You can read more about that over here.Cloud Imperium, LLC
12322 Exposition Blvd
Los Angeles, CA 90064
http://robertsspaceindustries.com
[email protected]
Tel: 310-275-1300All Robert Space Industries / Cloud Imperium Games offices.
You can also use this as your summary. Edit as-needed:
“Cloud Imperium Games has collected in excess of $100 million in crowd-funding money by selling game related items of varying value from $10 all the way up to to $15,000.
The game was promised to be delivered in Nov of 2014. However, thus far, only about 10% of the content they promised and received money for, have been delivered. Also, they have since vastly increased the scope of the project from what was previously promised; and they have gone on the record admitting to this.
They also changed the original Terms Of Service which would have required them to provide full refunds and financial accounting for the project if they failed to deliver by the promised Nov 2014 date. This change extended the term from Dec 2015 to May 2016.
They continue to raise money for the project despite never having met a single promised milestone.
After previously removing some features promised and which most backers were in favor of when they backed the project, they continue to remove features from the project, just reducing the value of the project. As recently as January 2016, they removed a key module, Star Marine, which was heavily promoted from the start of the project in 2012.
Like a lot of other customers, when I requested a refund, they denied it. They claim that a recent 2.0 tech demo which they released in a buggy and incomplete fashion in Dec 2015 (exactly when the original accountability term in the ToS was to be in effect), constitutes a substantial release of the promised game. Given how much is missing from it, that claim is patently false and they are using it as an excuse to actively deny refunds. This despite the fact that they promised two games; Star Citizen and Squadron 42. And as of now, we haven’t received any part of the second game.
And in a typical fashion, Squadron 42, which was part of the project, has recently been split and now being sold separately to the general public.”
Note that even if you are not a backer of this project, make no mistake, you have every right to call into question anything you suspect is tantamount to consumer fraud of any kind. That’s why there are numerous resources online for specifically that purpose. And you don’t have to be a backer or whistle-blower to do it. The FTC goes after companies all the time. Here is an entire public listing of their efforts and remedies.
Direct from the FTC:
The Commission files a complaint when it has “reason to believe” that the law has been or is being violated and it appears to the Commission that a proceeding is in the public interest. Stipulated orders have the force of law when approved and signed by the District Court judge.
The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics.
Also, the Consumer Legal Remedies Act (CLRA) is a California statute that seeks to protect consumers against unfair and deceptive business practices. It identifies various unlawful practices in the sale or lease of goods or services to a consumer, including:
- Misrepresenting the source, certification, origin, or quality of goods and services;
- Advertising goods or services with intent not to sell them as advertised;
- Representing that a transaction has or involves rights, remedies or obligations that it does not have or involve, or that are prohibited by law;
- Representing that the consumer will receive a rebate, discount or other economic benefit, if the earning of the benefit is contingent on an event occurring after the transaction; or
- Inserting an unconscionable provision in the contract.
So yesterday I was invited to a stream discussing the latest Sandi fiasco (1, 2) in which emails showed insight into how she regards and demeans the people working on this project. At some point, after talking about the on-going Star Citizen fiasco, I simply lost it and just let it rip.
And this is the section about Wulf Knight aka @accelerwraith
