When Kickstarter Projects Go Missing
On Friday, we posted about Kickstarter's new rules of engagement, including some new rules under which some of the most popular Kickstarter projects to date might never have surfaced. But what about ones that make it to the site, then disappear? Wired takes a look at what happens to those Kickstarter projects that for one reason or another get yanked from the site. (DMCA complaints apparently are often that one reason.)
But it'll cost, ooh, I dunno, let's say $100,000 to do it.
systemd is Roko's Basilisk.
Call me a scrooge, but the idea of donating money to projects that will eventually charge you to purchase the product they produce seems ridiculous to me. On top of that, there is no guarantee that the project you donate to will see the light of day. Honestly, can someone tell me why this is such an appealing option?
Forgive me, but I'm pretty sure that if we didn't have the DMCA, the safe harbour provisions would be unnecessary. I don't think it can be called a "godsend" just because infrastructure providers are protected from being harassed.
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I'm actually more concerned about projects that never get _delivered._ Kickstarter puts some distance between themselves and "investors" based on just being a facilitator, but I'd be curious about the ratio of projects that never see light of day or--as I suspect is even more frequent--see it so late that the original Kickstarter pledge should be considered broken.
This specific example is interesting to me:
http://www.kickstarter.com/projects/airshipambassador/wollstonecraft
because I know the *author*, and believe that its persistent delays are symptomatic of his personality. I doubt it will ever see light of day, and the 90,000 dollars handed over has already been largely spent.
There's not much difference between this and showing a "simulation of a product" and yet one is banned while the other remains acceptable.
An obvious step would be to hold funds in escrow but that would seriously impact Kickstarter's minimalist business model and increase costs of funding...which might be a good thing.
Don't like it? Submit your own story. Vote for submitted stories. Contribute instead of being a fuming leech.
Wouldn't a project be removed before it reaches funding and thus no money is taken?
You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
And for that I get the game, soundtrack and art book in a jewel case. Shipping is free, and had I pledged more I could have gotten more stuff. Had the kickstarter failed to be founded, I would have paid nothing.
This particular project has a good chance of delivering, having already made a working demo of the game, so the $60 was not much different that preordering some limited edition of the next CoD game. Without kickstarter this game would never have been made, so in my eyes kickstarter have served a purpose that no other service I know of could have managed.
Naturally there's always a chance they will take their money and run, but the last $60 CoD game I bought was absolute garbage (despite stellar reviews), so there's always a bit of risk involved no matter how you spend your hard earned coin. It may not be a risk you are willing to take, but fortunately plenty of folks are, and thus project like Giana can see the light of day.
If a project is removed before it's completed, then there's no refund to issue; no money was sent.
After the project's funded, delisting it from Kickstarter would be kind of pointless.
'Deliver of offer refund' is one of KickStarter's tems of service for Creators. If you, as a Backer..
1. feel that the product has not been delivered and there's no hope of it being delivered.
2. want a refund (as opposed to just writing it off as a donation / loss)
3. are unable to get a refund from the Creator
Then:
A. Talk to your credit card issuer. Explain the situation - have them void the charge. It's then Amazon's problem to square out with KickStarter. This may not be an option available to you.
B. Talk to a lawyer. Basic contract law is likely to apply - but, again, talk to a lawyer. If you or your lawyer would need assistance, go google Hanfree and Neil Singh.
I do very much implore you to consider whether you want to go down that road. There's quite a few projects I backed who have not (yet) delivered, some going for a year now. But most of the Creators tend to be communicative and explain what the speed bumps are and what the timeline looks like. Others I pledged such a small amount that it's simply not worth it for me to bother with it. ( In the Hanfree case, the Backer is a lawyer and sued out of principle because it wasn't just his $$, but a combined total of $$,$$$ apparently being lost that rubbed him the wrong way. )
I don't know if they would be unnecessary. The situation would fall back to standard copyright fare. You'd then have to consider whether sites such as YouTube can be held accountable ("contributory" or "vicarious" liability) for the claimed material being available through their service.
I'd imagine those sites that cite compliance with the DMCA do feel it's a godsend given that there's very little burden on them.
I'm sure it doesn't feel like a godsend for the next mother making a video of their child dancing to some music and getting hit with a DMCA complaint.
The rights holders - I'm not sure, they seem to have a love/hate relationship with it.
I'm not a lawyer, and certainly not a U.S. lawyer, though - you'd have to check with one to figure out if the DMCA on the whole has been a positive or a negative influence on copyright / free dissemination of information.
I don't think they've ever put out the numbers on that, but since there have been something like 30,000 to 40,000 Kickstarters in the last few years, I'd say the failure rate is pretty low or else it would have a shit reputation and nobody would use it anymore.
Only a few kickstarters that I've backed are older than a year and all of those have paid off. Two for albums and one for Diaspora... Erm. Well, "paid off" is pretty questionable, there, actually -- at it at least fulfilled what it was going to do (launch the product and distribute the code).
Most of the other stuff I have backed only in the past year, so while some are fulfilling every couple of weeks or so, others are a long time off from reaching their estimated deadlines (and I assume most will miss those deadlines, which is fine as long as it's kept reasonable). In the more recent ones, I've received another album I backed. I've received a few games that have completed and launched. I've received access to participate in the creative and testing processes of many of the games not yet released (though I don't really care to do that). I was even able to arrange lunch for my younger brother with John Romero and Will Wright.
Out of the 200 kickstarters I've backed, about 40% (85) succeeded funding. About 10 were canceled (either by kickstarter or the project itself). Of the 40% that succeeded, about 12% (10+) have fulfilled their promises. The others remain as works in progress -- most offering fairly regular updates via Kickstarter or through the forums on their own site. In the next six months, most of these should start reaching their delivery dates and we'll see how things really pan out. I expect some outright failures and I have to take that into account when I chip in my support.
There's only so much that Kickstarter can be expected to do. However, I do think they should perform more vetting. Especially if they want to continue to grow and remain relevant. Their entire revenue is built on maintaining a place of trust. If that means they need to do more than get a credit card number and tax identification number from someone before they post their project, then that's what they'll need to do. Not because of legal concerns -- but due to the need to maintain themselves as a place the community feels comfortable with.
Rather than financial return. There may be some financial aspect to it as well, you figure "I can get the game for $20 now rather than $50 when it comes out," but it is largely creative.
The projects I've backed on Kickstarter (all video games) have been because I want to see the game made. They are games that are otherwise not likely to be made. They are games I want to see though. So my money help allow them to exist, I get creative return on my investment.
Now is there risk? Of course, as with all investments. There is a risk people won't deliver. Most of the games I've back I'm pretty confident will deliver, they have small game studios behind them. However there's a couple of smaller ones. There is a risk they won't be able to deliver.
Also there's a risk that if they do deliver, you won't like what they do. I'm quite sure I'm going to dislike at least one of the games I've backed. Bound to happen, I've bought plenty of commercial games I didn't like. Again, it is a risk I have to be willing to take.
That's what people need to understand. Yes there's a risk with KS. You just have to decide if you are ok with that risk. Why do it? Well to get something you otherwise might not be able to.
In terms of games Wasteland 2 would be a pretty famous example. I really want that, I love that kind of game. The creator, Brian Fargo, already tried to get a publisher to back it. Guy is a game industry veteran, he knows the deal. However nobody was interested. Well, I (and others) backed it on KS because we want to see it. If we didn't back it, it wasn't going to happen.
It allows for more niche things to get funded. A publisher may say "Well this looks like something very few people would buy, so we won't fund it, even with a low budget." People on Kickstarter say "I don't give a shit, I'm not getting financial returns, I want it that's all that matters." So more niche products can get some funding.
Also when a project is backed 100% by people with no financial stake, it allows things to be done differently. For example all the games I've backed have pledged a no-DRM version (and the one that has launched has delivered a no-DRM version). They don't have to worry about it since there isn't a publisher to make happy, or a bank loan to pay. The backers got their game, they have nothing more they owe anyone.
So it isn't The One True Way(tm), or how everything will be done in the future or something like that. But it is cool for some things. You just have to be ok with risk. You have to accept that yes, there's a risk when you back a project. As with ANY investment, don't go in for more than you are willing to lose, and understand your potential gains are creative, not financial.
there's also a lot of bad movie critics
in general, there's a lot of mindless useless negativity in the world, and especially on the internet
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it