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KickStarter, supporters of Occulus Rift. Demanding Refund

#11SabramPosted 3/26/2014 5:00:13 PM
Well, if it comes down to it, there might be a case down the line for it.

The Oculus Rift was promised to be a VR gaming device. Since it has not seen public release yet, it is still a concept. Oculus collected money on that concept.

If Facebook turns it into something that isnt a gaming device, then that constitutes fraud, since then people will have given money for something that didnt come to exist, and Oculus collected under false pretenses.

It will have to wait to be seen though what happens. It's likely facebook will put their crappy microtransaction riddled browser games on the thing and say "Look, it is a gaming device" to avoid that problem
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#12KillerTrufflePosted 3/26/2014 5:03:50 PM
KabtheMentat posted...
KillerTruffle posted...
Basically, people saying they backed Oculus, not Facebook, selling out was insulting, why should we donate if you're just going to sell to a big company, I don't want my VR branded with Facebook, etc.

Seems like the *only* potential argument - and it's a longshot - that might hold any water at all is that they don't want a Facebook-branded product. I can see people upset about getting something very different than they paid for, but then that is a potential risk with Kickstarter already, so chances are slim to none they'll see any refund unless Oculus/Facebook is feeling exceedingly generous.


They're not getting **** back. It's considered a donation.

Which gets me to thinking about the other massive Kickstarter thing, Star Citizen. IMO looks like a cool game and very promising, but there's no way it's going to live up to the massive hypes that's around it and a lot of Kickstarter people are going to be pissed off at the final product.

That's if the damn thing ever gets finished.


I've intentionally avoided looking at much of the details about that specifically so I *don't* get sucked up in any overblown hype. That way, hopefully the final product will be very enjoyable without me feeling let down somehow.
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#13KabtheMentatPosted 3/26/2014 5:06:45 PM
Sabram posted...
Well, if it comes down to it, there might be a case down the line for it.

The Oculus Rift was promised to be a VR gaming device. Since it has not seen public release yet, it is still a concept. Oculus collected money on that concept.

If Facebook turns it into something that isnt a gaming device, then that constitutes fraud, since then people will have given money for something that didnt come to exist, and Oculus collected under false pretenses.

It will have to wait to be seen though what happens. It's likely facebook will put their crappy microtransaction riddled browser games on the thing and say "Look, it is a gaming device" to avoid that problem


Except it's not an actual investment. It's a donation.

This means I could go on Kickstarter, get something started, and never deliver on that promise and there's not a whole lot anyone can do about it.

This is why I don't support stuff on Kickstarter, or even Early Access crap on Steam. Even though there's a few games I'd love to support. I'm not someone to piss money away on a promise, particularly a promise with nothing to back it up. I mean at least if I give some money to a friend and they promise to do something in return and eventually don't, I can always put their head through a window. Might not get what I was promised, but it would make me feel better. There's nothing with Kickstarter that I could do that with.
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#14SilentHawk29Posted 3/26/2014 5:20:41 PM
The project creators are legally obligated to follow through with the original design.

https://www.kickstarter.com/blog/accountability-on-kickstarter

Is a creator legally obligated to fulfill the promises of their project?

Yes. Kickstarter's Terms of Use require creators to fulfill all rewards of their project or refund any backer whose reward they do not or cannot fulfill. (This is what creators see before they launch.) We crafted these terms to create a legal requirement for creators to follow through on their projects, and to give backers a recourse if they don't. We hope that backers will consider using this provision only in cases where they feel that a creator has not made a good faith effort to complete the project and fulfill.

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#15KabtheMentatPosted 3/26/2014 5:28:30 PM
Good luck enforcing that.
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Yeeaah...Somebody must've killed Darryl. Cuz that's what the guy had said.
#16Genericgamer667Posted 3/26/2014 5:32:09 PM
SilentHawk29 posted...
The project creators are legally obligated to follow through with the original design.

https://www.kickstarter.com/blog/accountability-on-kickstarter

Is a creator legally obligated to fulfill the promises of their project?

Yes. Kickstarter's Terms of Use require creators to fulfill all rewards of their project or refund any backer whose reward they do not or cannot fulfill. (This is what creators see before they launch.) We crafted these terms to create a legal requirement for creators to follow through on their projects, and to give backers a recourse if they don't. We hope that backers will consider using this provision only in cases where they feel that a creator has not made a good faith effort to complete the project and fulfill.





do you really think Kickstarter is gonna try to fight Facebook? Especially since that's where alot of the attention for their projects comes from?
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#17AmphaxPosted 3/26/2014 5:32:13 PM
Ch3wy posted...
They're not entitled to a refund, but I certainly see why they would want one. Nobody would have donated to a kickstarter that was made by Facebook.


This.

I would think that Facebook would just give back the money. It can't mean that much to them and it would be PR. It's $250k right? Heck, it'd probably cost Facebook more to pay the lawyers that'll have to deal with the (inevitable) class action lawsuit that'd happen otherwise.
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#18SilentHawk29Posted 3/26/2014 5:34:05 PM
Genericgamer667 posted...
do you really think Kickstarter is gonna try to fight Facebook? Especially since that's where alot of the attention for their projects comes from?


It's not up to Kickstarter, it's up to the individual backers who feel they've been wronged.
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#19LoshadtPosted 3/26/2014 5:35:51 PM
neroAngelo posted...
Because they're entitled cry babies.


You don't know what entitled means, stop trying to use it.

In any case, I can see where they're coming from. I'd be pissed too if the project I invested in got sold to the highest bidder. I hope they get refunded.
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#20Surprise_CactusPosted 3/26/2014 5:39:01 PM
I'm pretty sure Oculus already fulfilled their kickstarter pledges. The kickstarter packages were for the dev kits or stuff like posters and shirts, all of which were most likely fulfilled a long time ago.

These people are absolute morons.
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