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Kickstarted Veronica Mars Promised Digital Download; Pirate Bay Delivers
ConfusedVorlon writes with word that Warner Bros backed out on their promise of digital downloads for backers of the Veronica Mars film "Backers were promised 'You will receive a digital version of the movie within a few days of the movie's theatrical debut.' Warner Bros are providing a non-downloadable ultra-violet coupon (although Veronica Mars is available for download through other stores). The download is already available on the Pirate Bay. The download is even available on commercial stores. The users have already passed over their $35+. But rather than meet the demand for a DRM-free download, Warner Bros would prefer to return the original pledge to backers who complain.
What does this tell us about how movie studios view the world? There can't be a better indication of willingness to pay than 'they have already paid' — are these the pirates WB fears?"
What does this tell us about how movie studios view the world? There can't be a better indication of willingness to pay than 'they have already paid' — are these the pirates WB fears?"
Kickstarter doesn't do investing. It is a pre-purchase...
I challenge you to find the word "invest" in the below (hint, it isn't there, nor is it *anywhere* on the Kickstarter page)
From Kickstarter:
Pledge $35 or more
22997 backers
You will receive a digital version of the movie within a few days of the movie’s theatrical debut, plus the T-shirt, plus the pdf of the shooting script. Naturally, you will also receive regular updates and behind-the-scenes scoop throughout the fundraising and movie making process. Available to US, Canada, Australia/New Zealand, Mexico, Brazil, and Select EU countries (Now including Norway and Switzerland! See Project Description for full list)
UltraViolet (UV) is a free, cloud-based, digital rights library that allows users of digital home entertainment content to stream and download purchased content to multiple platforms and devices.
according to the link UltraViolet provides downloads. The issue was that UltraViolet is buggy. It provides downloads in theory. I think there was some region restriction also with the service. That didn't work with KickStarters international reach.
tl; dr; stupid, and off topic.
"They ARE investors.. The whole point of Kickstarter is for people with a good idea to solicit capital from interested investors. If the original terms of the agreement are not honored, perhaps the original investors can sue for their percentage of ownership of the entire profits of the operation."
Yes, BUT...
They are "investors", in the sense they are investing money in the product, but they aren't "investors" in the usual sense of investing in something in order to make a profit later. You are "investing" for a fixed reward that has little or nothing to do with the product's eventual success.
Kickstarter doesn't do investing. It is a pre-purchase...
It's neither. It's funding. You are providing funding to the owners of the project to get the project off the ground. You may get rewards in return but they are not a pre-purchase, pre-order or any such thing (and Kickstarter is very clear about that, if people bother to read what the fuck they agree to when they sign up). This confusion was the catalyst for their policy changes on physical projects a while back. As you said they are also very clear it is not an "investment". That comes with a whole world of regulatory pain (and would essentially make the whole concept impossible).
I browse on +1 so AC's need not respond, I won't see it.
took the money to finish the show and nowI refunding it? Is there's interest on this money since they didn't deliver the original deal? Im sure anyone else who lent them the money for the rest of the project probably got extra income as percentage of thir loan.
They are refunding $10 (their cost of the UV download, their words, not mine) or you can go buy it on Amazon, iTunes, whatever and they will cover the cost (or they were saying that last I heard). The money is coming from the marketing budget that WB provided, not the production budget that the Kickstarter money went to.
I browse on +1 so AC's need not respond, I won't see it.
The Kickstarter used the phrase 'Digital Version' in some places and 'Digital Download' in others. I see no mention of DRM-free, so all they have to do is hand out Amazon credit to those who complain about the streaming solution. But no, they'd rather pay out a bunch of money than give people something that matches what they paid for. I'm thinking everyone who has a piece of this (the production company, any stars that get a piece of the action) ought to probably demand an accounting to make sure Hollywood didn't charge them for the returned cash...
They were (I assume still are?) offering to reimburse the $20 if you submit a receipt from another streaming service, or you can take $10 in cash (the amount they say is the portion that went to cover the cost of the Flixter/UV version). So they are giving them the option to get the film in a version that works for them, just you have to pay then get a refund from WB.
I browse on +1 so AC's need not respond, I won't see it.
No, they are NOT investors.
If they were investors,they'd be in trouble with the FTC, which hasn't yet setup regulations allowing such.
People who use Kickstarter are pre-purchasing whatever it is they're being sold. That can act as income for a company, and thus a funding source, but that does not make people who purchase things via Kickstarter investors.
One of these days, we will be able to invest in this manner, but not yet.
Except for that, as someone else already pointed out, the studio didn't promise DRM free and delivered what they said they would.
Sorry if you bitches have a problem with the truth. But then, we already knew that.
[...] perhaps the original investors can sue for their percentage of ownership of the entire profits of the operation.
Unlikely, given that this is in Kickstarter's Terms of Use:
Kickstarter does not offer refunds. A Project Creator is not required to grant a Backer’s request for a refund unless the Project Creator is unable or unwilling to fulfill the reward.
Project Creators are required to fulfill all rewards of their successful fundraising campaigns or refund any Backer whose reward they do not or cannot fulfill.
Project Creators may cancel or refund a Backer’s pledge at any time and for any reason, and if they do so, are not required to fulfill the reward.
So, basically, offering a refund is in line with the original terms of the agreement, meaning that backers have no grounds on which to sue, since WB is technically upholding their end of the contract. And regarding something else you said:
They ARE investors.
They may be "investors" in the colloquial sense of the word, but they have no claim to ownership, since the Guidelines make it quite clear that:
Creators cannot offer equity or financial incentives (ownership, share of profits, repayment/loans, cash-value equivalents, etc).
So, long story short, WB sucks, but the backers have no recourse except to name-and-shame WB if WB is offering them a refund in place of the promised reward. They have no claim to ownership or a share of the profits that the film makes.
No, they're not. Read again. An offer isn't good enough. They have to refund any Backer whose reward they do not fulfill.
That means refunding every single backer, and not just those who go through the hassle of asking where their promised download is, and keep the rest of the money.
I'd like for Kickstarter to take them to court over this. But of course that won't happen, because Warner has deeper pockets, and that's all that matters here in the US.
So, WB was using the backers' money and let them assume the risk if the project fails. But if the project makes a profit WB gets it and not the backers. And you're saying the backers knew and agreed to assume all the risk and take none of the profit right from the start . Somehow, I don't think AC is the idiot here.
I'm not the only one who thinks the fans were ripped off.
Worst part is, you guys aren't even getting the promised rewards, i.e. the digital download.