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Amarcarts
Feb 21, 2007

This looks a lot like suffering.
Every time I start to wonder if maybe I've been wrong about Star Citizen this whole time, I remember that they have $15,000 DLC for sale.

Usually that sort of thing is $1-$5, sometimes up to $20 if it's a lot of content.

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MVP
Nov 1, 2012

by Lowtax
This game looks pretty awesome and I doubt it won't come out. All the goons are going to be super depressed they have no one to relate to when Chris Roberts' gets back to furiously deepthroating a coked up Sandi

https://www.youtube.com/watch?v=RaLl6PcRrgA

D_Smart
May 11, 2010

by FactsAreUseless
College Slice

Ash1138 posted:

Exactly. It's a touchy subject because it's true. They don't deny that the money's gone because it is gone.

Except the money that's back in my wallet.

The issue with this is that any statement about this they make in public, goes in the public record. And it's going to haunt them. Which is precisely why we're all still shaking our heads at Croberts diatribe toward myself and The Escapist since it's a massive legal quagmire that's going to cause some serious damage if any of this ever makes it into a court room as most suspect that it will.

Note how they have never - ever - made any statements whatsoever about how money is spent, what is left etc. In fact, to see the height of bullshit, look no further than Ortwin's letter to my attorneys back in August.

Romes128
Dec 28, 2008


Fun Shoe

BluestreakBTHR posted:

Careful, Sandi will start stalking you!

i'll make it easier for her

my email address is fucku@utalentlesscunt.edu

big nipples big life
May 12, 2014

AP posted:

It's now November 2015, the RSI TOS at one time used to refer to "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.", the original estimated delivery date was November 2014, so we've now hit the deadline. It also said "In the unlikely event that RSI is not able to deliver the Game and/or the pledge items, RSI agrees to post an audited cost accounting on its website to fully explain the use of the deposits for the Game Cost and the Pledge Item Cost."

Some people think this TOS stuff is important and a gotcha to CIG, I'm not sure the TOS is important at all to individual backers as if something even looks like it could come to court it makes much more sense of CIG to just fully refund the backer who's unhappy. But if Derek Smart is trying to get access to the books maybe the "audited cost" part helps him.

They do refund people and that's happened since Derek got involved, so that's a change, everything else is guesswork as to what he's really going to do (if anything).

I asked for a refund three times before Derek got involved, they refused it each time. I asked again in 2015 AD (After Derek) and got my money, so he has definitely had some sort of impact there.

D_Smart
May 11, 2010

by FactsAreUseless
College Slice

Hopper posted:

Alright Karl, I respect your decision to back Star Citizen and to try and convince us CIG is doing the right things.
I have a serious question I would like you to answer though, and it is a question aside from all the rumors and speculations of money running out issues and other poo poo, let's forget about all that.

What do you think are valid reasons why CIG would move away from Austin and switching to offices in California, a state with apparently higher taxes, higher costs for basically everything and choosing the most expensive part of LA for it? plus furthermore, instead of renting using what probably amounts to of several million dollars to build their own offices/headquarters? (apparently I understodo this wrong about the custom office building + entrance)

It simply makes no sense. Erin and Foundry 42 being in Europe I can understand, not least because of tax benefits. The Crytek guys in Frankfurt because they would not relocate to the US is a no brainer, including green card issues.
But the move form Austin to LA? I do not not see any valid buisness/development reason for it, especially since they don't sell a tangible product for which they need a flagship store. And even of this would be better to have in Austin, a city known for its amount of software companys and prone totherefore see more potential investors/clients from the industry dropping by.
Instead they move away from a town that apparently offers what software developers need as shown by the large number of studios there and into more expensive LA, which as far as I know is not known for the games industry but the movie industry. The one factor I could see, is the mocap studio they use, but that is Serkis's, which is in the UK.

Not matter whether they spend backer money or investor money on this move. I belive it was simply a wrong decision for which there are no reasons known to me that make any financial sense or sense in terms of the project.
It amounts to a waste a lot of money.

I would be interested to hear your opinion to possibly glean insight into reasons that explain this move.

SImple. They want to remain close to Hollywood. Plus Sandi apparently hates TX.

Tijuana Bibliophile
Dec 30, 2008

Scratchmo

MVP posted:

This game looks pretty awesome and I doubt it won't come out. All the goons are going to be super depressed they have no one to relate to when Chris Roberts' gets back to furiously deepthroating a coked up Sandi

https://www.youtube.com/watch?v=RaLl6PcRrgA

Whoa, that astonishingly exciting clip required a lot of nailbiting

Good Dumplings
Mar 30, 2011

Excuse my worthless shitposting because all I can ever hope to accomplish in life is to rot away the braincells of strangers on the internet with my irredeemable brainworms.

D_Smart posted:

SImple. They want to remain close to Hollywood. Plus Sandi apparently hates TX.

But Hollywood sucks and Texas is sorta neat :confused: It's definitely better than Hollywood, anyway.

Okay, question for you Karl: why is Sandi objectively wrong about everything?

Romes128
Dec 28, 2008


Fun Shoe

Good Dumplings posted:



Okay, question for you Karl: why is Sandi objectively wrong about everything?

i know i know


its cause shes completely unqualified for her job

including the acting part.

Romes128
Dec 28, 2008


Fun Shoe

D_Smart posted:

SImple. They want to remain close to Hollywood. Plus Sandi apparently hates TX.

you're dropping the blog deuce tomorrow right?

A Neurotic Jew
Feb 17, 2012

by exmarx

Romes128 posted:

you're dropping the blog deuce tomorrow right?

tuesday.

AP
Jul 12, 2004

One Ring to fool them all
One Ring to find them
One Ring to milk them all
and pockets fully line them
Grimey Drawer

D_Smart posted:

SImple. They want to remain close to Hollywood. Plus Sandi apparently hates TX.

Why wait till the 3rd of November for the new blog if it's cleared :woof:?

alarumklok
Jun 30, 2012

everyone knows big releases are tuesdays or fridays

alarumklok
Jun 30, 2012

it better tide me over until fallout 4. I'm counting on your dr. smart

D_Smart
May 11, 2010

by FactsAreUseless
College Slice

AP posted:

Personally I think Derek Smart just blocked the normal escape routes in the event of a failure. He made it personal by targeting Chris, Sandi & Ortwin because :lesnick: said something stupid about him on a lovely forum.

Nobody really was going to care about yet another game that failed to deliver, the only reason it's even an issue is that Star Citizen has broken all kinds of records and the money at risk is from individuals instead of investors/publishers. Now after all the drama people will care, they'll want to see who in the end won between Derek Smart versus Chris & Sandi, their names are now forever associated to however this turns out, whereas before with all the separate companies involved it would have been a lot easier to slip away in all the confusion.

Assuming failure, the curious will wonder how much was spent on offices in various locations, what tax breaks were involved, how and why the money was moved around the 7+ companies, who was on what salary, what qualifications people really had, how certain movies were paid for, who went unshaved etc

The legal stuff might never happen as the answer to "Do I feel lucky?" Well, do ya, punk?" so far has always been "actually Mr Smart, upon reflection, no I don't".

"He made it personal by targeting Chris, Sandi & Ortwin because said something stupid about him on a lovely forum."

Actually no, that's not accurate. Here are the facts:

1) I wrote a blog in July in which I highlighted a bunch of tech reasons (I have been proven right since then btw) why the game was in trouble and could never be built as pitched

2) The media made a big deal about it because, well, a lot of people were already voicing similar skepticism over the years, but no "named" person was brave enough to stand up. Though some media (Ten Ton Hammer, Wired etc) voiced some of it

3) They immediately canceled my account, refunded (they screwed that up too btw) my pledge. Then they issued a press release in which they tried to lie and say they did it because I had somehow abused their ToS. Then Ben went all in with a forum post targeting me.

NOTE: To this day, they have continued the practice of terminating the account of some notable dissenters. Also, I'm the only person who's account closure warranted a press release. Go ahead and tell me they didn't make it personal FIRST.

4) I wrote more blogs. This time, seeing as they chose to make it personal, taking all of them to task over their questionable practices on this project

5) We sent them a demand letter. Ortwin replied with personal attacks and in a highly inflammatory manner

NOTE: Ortwin continued this pattern of conduct in two more follow-up letters; including one in which I was accused of stalking (!). And his letter The Escapist, coupled with Crobert's diatribe, shows further evidence of the type of people we're dealing with.

6) Knowing that the issue of refunds was going to be a massive liability, they started issuing them once people started requesting them, reporting to the FTC etc

They're still pissed at me.

We fully intend on suing them as we've said.

BrutalistMcDonalds
Oct 4, 2012


Lipstick Apathy

D_Smart posted:

Plus Sandi apparently hates TX.
OK, now I'm mad.

AP
Jul 12, 2004

One Ring to fool them all
One Ring to find them
One Ring to milk them all
and pockets fully line them
Grimey Drawer

D_Smart posted:

NOTE: To this day, they have continued the practice of terminating the account of some notable dissenters. Also, I'm the only person who's account closure warranted a press release. Go ahead and tell me they didn't make it personal FIRST.

I worded that badly, in my opinion :lesnick: went personal on you first while acting as a representative of the company.

Please don't sue me. :drac:

A Neurotic Jew
Feb 17, 2012

by exmarx
This is probably old news but I am lolling.

BrutalistMcDonalds
Oct 4, 2012


Lipstick Apathy

D_Smart posted:

The end result is predicted to be a catastrophic disaster of epic proportions. And we all have a front row seat to the carnage as it unfolds.
https://www.youtube.com/watch?v=5Md_nDXAOZ8

D_Smart
May 11, 2010

by FactsAreUseless
College Slice

Octopode posted:

In the US, at least, TOSes have been routinely upheld in court cases so long as they are properly presented and agreed to by users, particularly when they must be agreed to prior to entering into a service agreement. Those only available to the consumer after purchase are much less successful.

Correct.

The legal problem they are now facing - which aside from the liability of the FTC poking around - is that any lawsuit (class action or not) will reveal (discovery is a bitch) a poo poo-ton of things they would rather keep private. e.g. finances. And all of that would completely overshadow the TOS issue in and of itself; even if the judge sided with them and threw it out in their favor.

Add to the fact that this was a crowd-funded venture, and you can easily see how this can get out of control very quickly.

There is absolutely NO version of this whereby this matter ends up in court and the finances don't come into play.

eonwe
Aug 11, 2008



Lipstick Apathy
Lol

D_Smart
May 11, 2010

by FactsAreUseless
College Slice

SirPhoebos posted:

One thing I'm uncertain about is since CIG refunded Derek unilaterally, there's no implied agreement to hold harmless (or something, my legal is just a gerbil). So CIG can't stop people from suing by just stuffing the money back into their bank account, as the former customer can still say "you wasted my loving time" and at least ask for the Present Value difference of the refund.

Or am I just making things up in my head?

There is a specific rule of law that governs things like performance and inducement. So the refund issue is without merit.

Moola
Aug 16, 2006
doxed by derek

is a good username

Hopper
Dec 28, 2004

BOOING! BOOING!
Grimey Drawer

D_Smart posted:

SImple. They want to remain close to Hollywood. Plus Sandi apparently hates TX.

I suspect that is the reason. But I want to give Karl a chance to provide an alternative.

If he can't, he will hopefully see that this move and the closing of Austin is in fact not a normal occurrence but a gross mistake by Crobbits that might just be fueled by his enormous ego and Sandi's craving to reinvigorate her failed acting career or the fact that it is easier to force your kids into support your kids' free choice to enter a multitude of castings so you can live your dream by proxy like any mum ever who put their kids through the soul grinders that are kid-actor castings and beauty pageants.

But I would like him to realize that by thinking about it instead of us force feeding it to him.

D_Smart
May 11, 2010

by FactsAreUseless
College Slice

Ursine Catastrophe posted:

Realistically arguing about terms of service being enforced or not is a complete crapshoot and barely worth the time. There are cases that rule terms invalid depending on how they're presented, terms of service that have completely unenforceable clauses in them, and one court case from Texas said a Blockbuster ToS was "“illusory” and unenforceable because Blockbuster had reserved the right to change the terms of service at any time".

You could, of course, with time and effort, probably find court cases from similar situations ruling exactly opposite, but a lot depends on the lawyers and judges involved, especially when it comes to "not signed by hand" terms of an online service and how well the judge in question can grok the idea of digital verification.

Correct.

More to the point, their TOS change represents a material change in which accountability for crowd-funded money shifted in favor of the company. And this can easily be tantamount to fraud because they have not delivered the product. And instead of doing refunds and providing financial accountability as promised during the crowd-funding, they changed the TOS to extend that material time.

Trust me, this single TOS issue is going to be their undoing.

mryellowduck
Oct 31, 2015

by Shine
So what are the chances of this thread being read out in a court of law?

AP
Jul 12, 2004

One Ring to fool them all
One Ring to find them
One Ring to milk them all
and pockets fully line them
Grimey Drawer

D_Smart posted:

Correct.

The legal problem they are now facing - which aside from the liability of the FTC poking around - is that any lawsuit (class action or not) will reveal (discovery is a bitch) a poo poo-ton of things they would rather keep private. e.g. finances. And all of that would completely overshadow the TOS issue in and of itself; even if the judge sided with them and threw it out in their favor.

Add to the fact that this was a crowd-funded venture, and you can easily see how this can get out of control very quickly.

There is absolutely NO version of this whereby this matter ends up in court and the finances don't come into play.

How long is that all going to take though? It seems like the critical period for CIG passes in the next 6 months to determine if they get something playable or not out. If they can't they'll be pretty much finished anyway I'd have thought.

MVP
Nov 1, 2012

by Lowtax
Why is Sandi not a good actress?

https://vimeo.com/49705991

D_Smart
May 11, 2010

by FactsAreUseless
College Slice

AP posted:

How long is that all going to take though? It seems like the critical period for CIG passes in the next 6 months to determine if they get something playable or not out. If they can't they'll be pretty much finished anyway I'd have thought.

Since it's a clear cut case, not long. In fact, though in many cases it is easy for them to delay discovery while dicking around, judges and good attorneys are all hip to those tactics. And since this is a crowd-funded venture, any reasonable judge should be able to see the urgency of the situation since the longer it takes, the greater the risk of it being a catastrophic collapse and total loss of backer money.

Moola
Aug 16, 2006

MVP posted:

Why is Sandi not a good actress?

https://vimeo.com/49705991

is this cut scenes from a porn???

D_Smart
May 11, 2010

by FactsAreUseless
College Slice

Beer4TheBeerGod posted:

Happy TOS Day!


There's also the very real, and very unpleasant risk of any publisher having to take on a huge liability of a incredibly angry and toxic player base. Remember that everything about SC was done on the premise of publishers being evil and unnecessary, that by giving money directly to Chris Roberts you were a patron and enabling an unprecedented level of freedom. Going back on that would essentially be an acknowledgement that the entire thing was a massive lie. The type of people who willingly give tens of thousands of dollars and spend hours defending a dream on the Internet are not likely to take that betrayal in a positive manner. I would be very surprised if someone would see the work CIG has done and think it's worth the exposure of getting sued. Hell even the rumor of Chris shopping SC out to publishers would likely bring out pitchforks.


This is an interesting point, especially since the SC popping up during the golden age of crowdfunding is yet another example of CR getting carte blanche due to being in the right moment at the right time. Had he released something in 2014 like he was supposed to I think it would have been a major turning point in the nature of game development. Unfortunately history repeats itself and CR's obsession with irrelevance, inability to manage a project, and complete lack of self awareness have turned SC from a dream into a nightmare.

This is precisely as I said in my blogs. The problem is that they are in fact actively seeking a bail out. What form (investors, publisher, loans) remains to be seen. But it will happen because given the decline in 2015 funding compared to previous years, not to mention all the bad PR, refunds etc, chances are that they won't survive 2016 without either a) shipping something b) getting a bail out

Of course, what most backers don't know - or are ignoring - is that Croberts has actually gone on the record as saying they have no investors. When in fact they actually do. And I now know at least two. One of whom, just last week, forced them to refund the entire investment. And neither of these two has ever seen the company financials. Despite a) being entitled to them b) repeatedly asking for them

Now ask yourself this: Why would a company refund to share its financials with an investor if they weren't hiding something?

D_Smart fucked around with this message at 20:03 on Nov 1, 2015

ShredsYouSay
Sep 22, 2011

How's his widow holding up?

randomcommoner posted:

Nothing would make me happier than seeing a croberts loss.jpg come out of this mess, I hope its appropiately priced.

A Neurotic Jew
Feb 17, 2012

by exmarx

MVP posted:

Why is Sandi not a good actress?

https://vimeo.com/49705991

:lol:

Darkpriest667
Feb 2, 2015

I'm sorry I impugned
your cocksmanship.

D_Smart posted:

This is precisely as I said in my blogs. The problem is that they are in fact actively seeking a bail out. What form (investors, publisher, loans) remains to be seen. But it will happen because given the decline in 2015 funding compared to previous years, not to mention all the bad PR, refunds etc, chances are that they won't survive 2016 without either a) shipping something b) getting a bail out

Of course, what most backers don't know - or are ignoring - is that Croberts has actually gone on the record as saying they have no investors. When in fact they actually do. And I now know at least two. One of whom, just last week, forced them to refund the entire investment. And neither of these two has ever seen the company financials. Despite a) being entitled to them b) repeatedly asking for them

No ask yourself this: Why would a company refund to share its financials with an investor if they weren't hiding something?



Let me play Devils advocate for a moment in answering your question.


Maybe they refunded the investor because they have the finances that they don't need that capital.



Now let's get back to reality. They refunded her/him so they don't have to show the financials.

MVP
Nov 1, 2012

by Lowtax

Moola posted:

is this cut scenes from a porn???

Sandi's best scene, camera work is phenomenal:

https://www.youtube.com/watch?v=K5ngauotEWM

Romes128
Dec 28, 2008


Fun Shoe

D_Smart posted:

This is precisely as I said in my blogs. The problem is that they are in fact actively seeking a bail out. What form (investors, publisher, loans) remains to be seen. But it will happen because given the decline in 2015 funding compared to previous years, not to mention all the bad PR, refunds etc, chances are that they won't survive 2016 without either a) shipping something b) getting a bail out

Of course, what most backers don't know - or are ignoring - is that Croberts has actually gone on the record as saying they have no investors. When in fact they actually do. And I now know at least two. One of whom, just last week, forced them to refund the entire investment. And neither of these two has ever seen the company financials. Despite a) being entitled to them b) repeatedly asking for them

No ask yourself this: Why would a company refund to share its financials with an investor if they weren't hiding something?

hopefully it was booch that got his money back

also im loling at how hard d-smart is lubing up his pole of justice to hate gently caress CIG. its glorious and i'm happy to be witnessing it.

MVP
Nov 1, 2012

by Lowtax

Romes128 posted:

hopefully it was booch that got his money back

also im loling at how hard d-smart is lubing up his pole of justice to hate gently caress CIG. its glorious and i'm happy to be witnessing it.

lol if you think this will hurt Star Citizen.

Romes128
Dec 28, 2008


Fun Shoe

MVP posted:

lol if you think this will hurt Star Citizen.

maybe, maybe not

but plenty of cultists will cry for days about it and i wanna see those sweet tears flow.

grimcreaper
Jan 7, 2012

Moola posted:

is this cut scenes from a porn???

That is, literally and unironically, the ONLY way her acting would be remotely excusable. i watch porn for the story :grin:

Sadly, shes not even very attractive. Looks like a skeleton.

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KakerMix
Apr 8, 2004

8.2 M.P.G.
:byetankie:

MVP posted:

lol if you think this will hurt Star Citizen.

It's already started, d smart showing up and smarting it up has caused CIG to gently caress themselves up. They be hurtin so much they made Croberts rant on company letterhead and Sandi cry at their company picnic

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