Arrogance of law breaking developers


#1

When Otherside Entertainment decided to sell their pre-orders on Kickstarter (yes Kickstarter is usually a store and pledges are usually pre-orders, go look at the history of court rulings worldwide before you speak) was it too much to expect them to obey the laws of the countries they’re choosing to do business in?
E.g. when you sell products in Australia (yes my little armchair lawyer wannabes, selling to Australians online counts as selling in Australia) you’re obliged to follow the Australian consumer protection laws. One of which is the requirement to respond to customers enquiring about refunds for defective products. Otherside has failed to do this for 8 months now. Does that seems reasonable to anyone? Or does it sound like yet another case of developer entitlement in this mess of an industry?


#2

Sorry to say, you obviously didn’t actually read Kickstarter’s policies.

The company is only required to offer refunds if they are unable to deliver, which is not the case here. The only other way would be a civil case where you can prove that they did not do so.

Without an actual lawyer, there really isn’t much you can argue here. Besides which, this is a community forum, not a direct way to communicate with the developers.


#3

I’ve never detected any sort of developer laughing all the way to the bank in this. It’s just been sad and baffling. I’ve experienced being hopeful and cheering on a developer eroding to sensing blatant arrogance and smuggery radiating from them, and if they were misunderstood, they did nothing but make it worse for everyone, and so I do think they deserve wrath with the intent to correct. I’m not sure what good can come from deriding OtherSide and trying to get up in their face, so to speak.


#4

Sorry to say buddy, but a store’s policies don’t override the law. In fact when you sell to Australian customers (and some other places around the world) it’s even against the law to SAY your policies override the law.
Like I said, go research how the law actually works before you do any armchair lawyering (hint: it’s not just how companies wish it would work). If that one sentence meant anything then courts all over the world wouldn’t have ruled that, in fact, when Kickstarter projects are run like a store (i.e. 99% of the time) they are a store.


#5

Uh, buddy? Right. I’m not going to look into how the law works in your country, because frankly I don’t care. Just pointing out that you’re in the wrong place to discuss this. Contact OSE directly, this is a peer forum.


#6

Well buddy, pretty sure (especially if you’re in the US) that a store’s policies don’t override YOUR law either. Maybe you should look into how YOUR courts may have ruled on the issue instead of wearing down your fingertips talking about something you don’t understand.
And “sorry to say, you obviously didn’t actually read” my original post where I’m criticising them due to their lack of response after I DID contact them directly, and I ask for my peers’ input.
Informed input actually.


#7

The informed aren’t going to post. Others may join in the complaining, and missing the key points of why this approach isn’t going to lead to gains.


#8

It’s possible we missed your email, but we do respond to all Kickstarter messages and support email tickets on a case-by-case basis. If you sent us a message 8 months ago, we may have missed it initially at launch or deferred to our publisher, who may not have had the chance to get back to you.

Please email us at support@otherside-e.com and we’ll review it.


#9

This post was flagged by the community and is temporarily hidden.


#10

One things’s for sure, trolling the forums is soooooo much more than anything out there right now!


#11

This post was flagged by the community and is temporarily hidden.


#12

sony australia refunded me after lots of emails.


#13

actually that won’t help a backer, sorry