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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.
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.
[...] 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.