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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?"

31 of 243 comments (clear)

  1. Investors? Really? by OzJimbob · · Score: 5, Insightful

    Heh, it's not even "customers" they're denying a download to - if you follow the nomenclature of Kickstarter, then it's *investors*! Evidence, if you needed it, that you're not really an investor when you get involved in Kickstarter, you're just paying a premium to pre-order something, and praying you won't get screwed over.

    --
    -"I still believe in revolution; I just don't capitalize it anymore." - srini!
    1. Re:Investors? Really? by grmoc · · Score: 5, Informative

      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)

    2. Re:Investors? Really? by Anonymous Coward · · Score: 5, Insightful

      I'm sure that whatever accounting methods they're using will show that the movie never earned profit.

    3. Re:Investors? Really? by Jane+Q.+Public · · Score: 4, Informative

      "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.

    4. Re:Investors? Really? by EvilSS · · Score: 4, Informative

      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.
    5. Re:Investors? Really? by grmoc · · Score: 5, Informative

      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.

    6. Re:Investors? Really? by Anubis+IV · · Score: 5, Informative

      [...] 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.

    7. Re:Investors? Really? by arth1 · · Score: 4, Informative

      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 Backerâ(TM)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.

      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.

    8. Re:Investors? Really? by Anubis+IV · · Score: 5, Insightful

      No, they're not. Read again. An offer isn't good enough. They have to refund any Backer whose reward they do not fulfill.

      Sure. You're being pedantic, but yes, you're correct. Even so, they don't have a magic 8 ball with which to tell who's upset. The best they can do is make refunds available to anyone asking, since as far as they knew, they fulfilled the reward already. After all, the campaign stated the film would be distributed via Flixster to backers within a few day's of the film's theatrical release. What actually happened? Codes were provided to backers to access the video via Flixster within a few day's of the film's release, exactly as promised.

      The problems began because some users were either incapable of using Flixster (e.g. geographic restrictions, difficulty in redeeming the code, etc.) or were unwilling to accept Flixster as a valid fulfillment of the reward (e.g. DRM, streaming instead of download, etc.). Regardless, a quick scan through the comments on the Kickstarter page demonstrate that WB is doing everything they can to make things right by everyone, providing backers with compensation if they purchase it via an alternative service such as iTunes or Amazon, and refunding backers who would prefer to simply wash their hands of the whole ordeal. They're even discouraging backers from instructing others to not ask for a refund because it might harm the chances of a sequel, telling everyone that it's perfectly fine and that it's most important that no one feels like they weren't taken care of.

      WB still sucks for using that service, but as far as I can tell, this is a case of the Internet making a mountain out of a molehill. There's WAY more outrage here than is reasonable, given what's been going on, unless there's something that I'm missing, which is entirely possible.

  2. Return the money AND the risk premium by Anonymous Coward · · Score: 4, Interesting

    So, according to movie industry math, Warner Bros ought to pay every backer $350?

    1. Re:Return the money AND the risk premium by Sponge+Bath · · Score: 4, Funny

      So, according to movie industry math, Warner Bros ought to pay every backer $350?

      They will pay in the fabulous new wbcoin crypto currency. Just as soon as they get some kickstarter money to develop it. Contribute now!

    2. Re:Return the money AND the risk premium by ArcadeMan · · Score: 5, Funny

      If you were to really use MPAA math, Warner Bros ought to pay every backer 3.5 million dollars.

  3. Download by ZombieBraintrust · · Score: 5, Informative

    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.

    1. Re:Download by ZombieBraintrust · · Score: 4, Informative

      UltraViolet downloads, better known as the Common File Format, are not available as of Jan 1, 2013. Streaming providers who are UltraViolet ready are able to offer their own proprietary downloads. These downloaded copies are unable to be copied from one device to another, and are not cross-platform.

      more info

    2. Re:Download by EvilSS · · Score: 4, Interesting

      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.

      It's not even that Ultraviolet is buggy, but Flixster is buggy. This just highlights why UV is doomed if they don't fix their shit and drop this "You need an account here, and here, and here, and you need to link this account to that account, and this one to that one, and that one to that other one" BS. Then the poor saps that managed to do that were having issues with Flixster apps on different platforms. It's bad enough for the tech savvy, image trying to help your parent or no-so-technical sibling navigate that maze.

      --
      I browse on +1 so AC's need not respond, I won't see it.
    3. Re:Download by DarwinSurvivor · · Score: 4, Insightful

      Sure, if all you do is watch movies from beginning to end in your living room it works great. There are many things that do NOT work very well:

      Offline viewing such as on transit, airplanes, road trips, camping (children get very bored sometimes), etc

      Rewind. I should not have to wait 10 seconds for it to re-buffer in order to rewind 3 seconds because I missed an important piece of dialog that was important to the plot. I can't believe the player doesn't just cache the last minute of the video to make this seameless, this would use what, 10-20MB of extra ram?

      Forcing high-definition. Sometimes netflix just decides to play in low definiton no matter how fucking long you let it buffer. In fact, letting a movie buffer (download) ahead of time so I can watch it in glorious high-def after dinner would be a VERY nice feature.

      Marathon watching. At least once I've been half-way through a TV series when netflix decided to remove it from the line-up. Thanks alot for that one! This isn't even counting the rediculous number of movies trilogies where netflix only has movies 2 and 3 (seriously, WTF).

      Internation watching. Live in the US and visit Canada? Get ready to not be able to watch your shows until you get home because Canada is not worthy of 90% of netflix movies.

  4. Not true. by uCallHimDrJ0NES · · Score: 5, Interesting

    The Ultraviolet version is downloadable via the Flixster client, which plays back from your local machine. Backers were never promised a DRM-free download. Personally, I'll take a DRM download with no weird distracting artifacts over a watermarked DRM-free one. That said, DRM is evil and terrible and always sucks. However, it's not true that the Veronica Mars people broke their promises. That's a lie.

    --
    Cloudiot: A person who does not see offsite storage as a way to lose control over access to his or her own data.
    1. Re:Not true. by stevel · · Score: 5, Insightful

      I agree - I've downloaded the movie twice from Flixster. Anyone who thinks that a DRM-free download would be provided is dreaming. WB is offering to pay for downloads from other services such as Amazon and iTunes. The OP reads to me like a lame excuse to justify piracy.

      Yes, some number of KS backers are having trouble. I know at least one who hasn't received her code. But it reads to me as if WB is trying to do the right thing, on top of this unprecedented same-day digital release.

    2. Re:Not true. by AmiMoJo · · Score: 4, Insightful

      It didn't say "a DRM crippled digital copy", it just said "a digital copy". If there were going to be severe restrictions on what devices the file could be played on and under what circumstances they needed to state that up front.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  5. uh, you paid a studio and expect returns? by swschrad · · Score: 5, Insightful

    the same folks who cheat their producers and stars day in and day out for over a hundred years?

    my friends, I don't always sell a block of Bitcoin stock, but when I do, it's from a moving car...

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  6. not news by Tom · · Score: 5, Insightful

    What does this tell us about how movie studios view the world?

    That they're greedy bastards who will screw over absolutely everyone if they can make a quick buck. But then, we already knew that.

    --
    Assorted stuff I do sometimes: Lemuria.org
  7. Re:How to Falsify Evolution by xevioso · · Score: 4, Informative

    tl; dr; stupid, and off topic.

  8. Hollywood is pathetic by Anonymous Coward · · Score: 4, Insightful

    People don't want that bullshit UltraViolet cloud-based streaming service the studios seem to think will succeed if they keep pushing it and don't provide any other options - people want DRM-free files in a standard/popular format that can be played on any device in whatever video player they desire, without said files being held hostage by the studio.

    It seems that Hollywood is incapable of selling things in a format that people want. I know why of course - they want control. Honestly I'd prefer getting my movies legit if I knew I could get something at least equivalent to what I can get on The Pirate Bay (so at least 720p, in a DRM-free format, in a format/container that at least can be played on most video players instead of some proprietary one that is Windows only for example).

    Maybe I'm asking too much... no, wait, like hell I'm not. If cracker groups can release high-quality 1080p MKVs of movies with subtitles, chapter markers and audio-commentaries, so can the paid folks at the studios. But they don't, because for whatever reason they'd rather keep the status quo (which doesn't make much sense in our connected world anymore) than risk a bit less control for more income. Clearly I'm too ideological for this world.

  9. The shocking part... by Charliemopps · · Score: 4, Insightful

    The most shocking part is that people even bother with the legit methods at all anymore.

    Probably the few intelligent thing I've ever heard Bill Oriely say was in regards to piracy. It went something like "The music and movie industries have spent the last 30 years teaching our children the worst behavior imaginable. They've glorified violence, prostitution, and general hooliganry... and now they're surprised their customers aren't above pirating a song?"

    Artists hate the industry, the industries partners hate the industry, the industries customers hate the industry. Christians hate it, Liberals hate it, everyone on earth hates it. How long, exactly, do they expect to stay in business being held in such low regard as to be slightly better than Cigarette and Oil companies?

  10. Re:How stupid do you have to be, Hollywood? by EvilSS · · Score: 4, Informative

    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.
  11. Re:What is the issue? by Krishnoid · · Score: 4, Funny

    That sure sounds like receiving a "digital version" of the film to me.

    Correct. The studio just wasn't clear ahead of time which digit they planned to provide.

  12. Re:How to Falsify Evolution by Anonymous Coward · · Score: 5, Insightful

    Example; if someone said a watermelon is blue on the inside, but turns red when you cut it open, how could you prove them wrong? How could they prove they're right?

    You couldn't and they can't. There is no method available to confirm or disprove what was said about the watermelon.

    WHY does it turn red when you cut it open? Because it's exposed to oxygen in the air? Then cut one open in a vacuum. Or in an oxygen-free atmosphere. or maybe it turns red because of an interaction with the steel of the knife. So use a plastic knife. And so on. These are all testable.

    Same with evolution. Point out a fossil that doesn't fit, and win a prize. except you can't, so you don't.

  13. Re:How to Falsify Evolution by Mullen · · Score: 5, Insightful

    > Same with evolution. Point out a fossil that doesn't fit, and win a prize. except you can't, so you don't.

    I always say to people that don't believe in Evolution that if they can collect the data, then make it reproducible and can write a good paper explaining it all, then they can win a Noble Prize and completely and utterly change a major branch of science. Their name will go down in history one of greatest minds ever in the entire length of mankind.

    For some reason, none of these people ever take me up on my offer.

    --
    Linux O Muerte!
  14. Geek Rage!!! by whisper_jeff · · Score: 5, Insightful

    The Veronica Mars kickstarter promised "You will receive a digital version of the movie within a few days of the movieâ(TM)s theatrical debut..."

    A digital version. Last time I checked, while most people may dislike UltraViolet, it is a digital version.

    Now, I understand the servers got hammered and there were issues with the process and Warner Brothers offered a refund so people could buy the movie from a competing digital store but they fulfilled their promise or made efforts to rectify the situation when their servers failed under the load.

    Also, they made no promise of DRM free. Doing a search of the Veronica Mars Kickstarter page, I find exactly zero mentions of DRM so why you would think they owe you a DRM free movie is beyond me.

    You're clearly itching to pick a fight and begging to justify torrenting the movie rather than paying for it but, sorry, you haven't cited so much as one valid complaint. They offered a digital version of the movie and they delivered a digital version of the movie. Users that encountered issues were offered a refund so they could obtain the movie elsewhere since their servers weren't up to the task rather than WB just pocketing the money and saying "well, try again another time".

    I see absolutely nothing nefarious here.

    Much geek rage about nothing.

  15. Re:Eh. by gl4ss · · Score: 5, Insightful

    you're describing anarchy and not capitalism. capitalism expects contracts to be upheld.. without that it doesn't really work as capitalism but as whoever has the most power.

    in this case, it should be looked like that they sold a product and didn't deliver. merely returning the money at this point is not enough because they had the capital to work with all this time, as such they should return the capital + reasonable interest.

    or if you look from consumer rights side of things they should be thrown into jail for trying to sidestep consumer protection rules by pretending that they weren't selling a product but providing and "investment opportunity" or something akin to charity but with promised product delivery.. in all reality they were a fucking big company making a product and taking pre-orders for said product and then delivering something different.

    --
    world was created 5 seconds before this post as it is.
  16. Re:Eh. by serviscope_minor · · Score: 4, Insightful

    It's capitalism.

    That's crap. This isn't capitalism, it's insanity.

    Under what theory of capitalism would you have a product that people had *ALREADY* paid for and can trivially deliver but decide to give back the money and not deliver because of no rational fathomable reason?

    --
    SJW n. One who posts facts.