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KickStarter, supporters of Occulus Rift. Demanding Refund

#91phy2jshPosted 3/27/2014 8:17:51 AM
I have no idea of the legality (and I suspect no one else on here does either), but morally I think this is a pretty dubious move.

Providing a donation is an emotive and trust-based act; it is not a commercial investment. If I felt strongly enough to donate to a cancer charity, and then they suddenly decided they were going to give all the donated money to the local donkey sanctuary, instead, I would be pretty pissed off. Not a brilliant analogy, but I think I would feel similar to this if I had donated to Oculus.

I don't think I would be angry with Facebook in this scenario, though. They are doing what I would expect a large, irresponsible company to do. I would be angry with the people who have developed and sold the tech. I don't know the details of how it was funded, but if it all came from donations then they have basically manipulated people into providing them a risk-free opportunity to make a shed load of money. If they couldn't sell it, big deal, they weren't funding it anyway; if they did sell it, happy days, they have made a huge amount of money through other people's donations and taking no risk of their own. It seems to me, there should be something in the Kickstarter terms that stops companies from doing this!
#92blax34dmPosted 3/27/2014 8:21:54 AM
Seems like a lawsuit could be appropriate to be honest. Any other bate and switch done by a group that has taken on donations is quickly met with a lawsuit, so hey why not?
#93Worknofun370Posted 3/27/2014 8:25:43 AM
blax34dm posted...
Seems like a lawsuit could be appropriate to be honest. Any other bate and switch done by a group that has taken on donations is quickly met with a lawsuit, so hey why not?


Because it would cost a lot of money and fail miserably. That's probably a pretty good reason as to why not.
#94Worknofun370Posted 3/27/2014 8:28:49 AM(edited)
SilentHawk29 posted...
They didn't just get $250k in funding. The kickstarter got them $2.5 million, 100 times what they were asking for. On top of that, they received another $75 million in funding afterwards from Andreessen Horowitz. They had the funds, they just sold out. If anyone has a right to complain, it's definitely that firm.


If a firm invested 75M in a company designing a single product, and didn't get any equity out of the deal they can only blame themselves for being idiotic investors. Otherwise they got a nice slice of that 2B deal, and likely aren't complaining right now.
#95blax34dmPosted 3/27/2014 8:47:36 AM
Worknofun370 posted...
blax34dm posted...
Seems like a lawsuit could be appropriate to be honest. Any other bate and switch done by a group that has taken on donations is quickly met with a lawsuit, so hey why not?


Because it would cost a lot of money and fail miserably. That's probably a pretty good reason as to why not.


Cost who lol? Called a class action, look it up using the googles. These kids.
#96R i c kPosted 3/27/2014 9:09:54 AM
SilentHawk29 posted...
This isn't true. The amount you pledge isn't deducted until the project succeeds. All you're doing when pledging is agreeing that money will be deducted if the project succeeds after the time limit is up.

That's basically what I said except you're arguing on the semantics about when the backer is charged which wasn't the point of my post.
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#97Worknofun370Posted 3/27/2014 9:10:57 AM
blax34dm posted...
Worknofun370 posted...
blax34dm posted...
Seems like a lawsuit could be appropriate to be honest. Any other bate and switch done by a group that has taken on donations is quickly met with a lawsuit, so hey why not?


Because it would cost a lot of money and fail miserably. That's probably a pretty good reason as to why not.


Cost who lol? Called a class action, look it up using the googles. These kids.


Do you think class action lawsuits don't cost someone any money, or that they just come out of thin air with nobody behind it?
#98blax34dmPosted 3/27/2014 9:18:44 AM
Worknofun370 posted...
blax34dm posted...
Worknofun370 posted...
blax34dm posted...
Seems like a lawsuit could be appropriate to be honest. Any other bate and switch done by a group that has taken on donations is quickly met with a lawsuit, so hey why not?


Because it would cost a lot of money and fail miserably. That's probably a pretty good reason as to why not.


Cost who lol? Called a class action, look it up using the googles. These kids.


Do you think class action lawsuits don't cost someone any money, or that they just come out of thin air with nobody behind it?


How they work is the firm handling the case will cover the costs and accept most of the earnings, which would be substantial given how many people would be involved. Seems pretty open and shut, reach an agreement and settle kind of case.
#99Worknofun370Posted 3/27/2014 9:22:24 AM
blax34dm posted...

How they work is the firm handling the case will cover the costs and accept most of the earnings


Then why would you respond to my comment, which was clearly why someone wouldn't take up the case, with an idiotic "Cost who lol?",

which would be substantial given how many people would be involved. Seems pretty open and shut, reach an agreement and settle kind of case.


It would fail miserably. However, if you're so confident it would be open and shut agreement, then why aren't you calling firms trying to find one to take up the cause with you and get a piece of that "substantial" earnings?
#100blax34dmPosted 3/27/2014 9:34:16 AM(edited)
Worknofun370 posted...
blax34dm posted...

How they work is the firm handling the case will cover the costs and accept most of the earnings


Then why would you respond to my comment, which was clearly why someone wouldn't take up the case, with an idiotic "Cost who lol?",

which would be substantial given how many people would be involved. Seems pretty open and shut, reach an agreement and settle kind of case.


It would fail miserably. However, if you're so confident it would be open and shut agreement, then why aren't you calling firms trying to find one to take up the cause with you and get a piece of that "substantial" earnings?


Because I assumed what you meant wasn't that it would cost a law firm money, and thus a firm wouldn't take a case because it would cost money. I gave you the benefit of the doubt that you wouldn't say something that incredibly stupid, since obviously every firm handling a suit takes on the investment nature of it- that's kinda like, the entire point? I guess I was wrong though.

And because I don't have any standing in the matter, I didn't donate to the KS. But anyways this is a waste of my time to talk law on GF lol. You might be surprised to look up some info on successful cases that woulda seemed doomed though. If anything a company that used private donations to turn a profit rather than the intended product is pretty decent in the courtroom.