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User information for Cutter Knox

Real Name Cutter Knox   
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Nickname Cutter
Email Concealed by request
ICQ None given.
Description Rockin' dude!
Homepage http://
Signed On Jul 7, 2006, 00:07
Total Comments 21871 (Jedi)
User ID 25394
 
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News Comments > More Derek Smart vs. Star Citizen
86. Re: More Derek Smart vs. Star Citizen Aug 24, 2015, 17:46 Cutter
 
Creston wrote on Aug 24, 2015, 17:18:
Don't you need to demonstrate some kind of damages done to you in order to start a private lawsuit? You can't just start a lawsuit and say "I demand that company so and so, in which I have zero dollars worth of financial stakes, answer all my questions!"

That's why they gave him a refund, so they wouldn't have any obligations to him.

Weird. In any case, if this goes forward, look forward to a large chunk of that 86 million going to lawyer fees.

No, the breach is the damage. When you promise a chick, 'Just the tip, baby.' And she winds up pregnant, you're responsible. And the only reason they refunded him is because he start complaining...after the breach. Again, that's like telling the judge, 'Well I didn't mean to knock her up, Judge, so I really shouldn't be responsible.' The court doesn't care what your intentions are, only what you promised and failed to deliver.
 
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News Comments > More Derek Smart vs. Star Citizen
85. Re: More Derek Smart vs. Star Citizen Aug 24, 2015, 17:43 Cutter
 
Atomic wrote on Aug 24, 2015, 17:23:
Cutter wrote on Aug 24, 2015, 15:47:
That my friend, is a contract. And if you breach it, you should be found liable and pay for it.

Where is the contract here? I didn't realize kickstarting money was considered a contract. (I've never bothered with it, so really don't know the answer).

ANY time two parties agree to provide a promise for a product and/or service for money, that's a contract by law. Even oral contracts are enforceable.

Oral Promises Enforceable in Texas

“An oral contract is as good as the paper it is written on”—this is simply not true. In fact, a Texas jury awarded $11 billion dollars in damages to Pennzoil when Texaco interfered with an oral contract for the sale of Getty Oil to Pennzoil, one of the largest jury verdicts in U.S. history. While it is true that some contracts must be in writing, such as the sale of real estate, Texas courts will enforce many oral promises. To understand the concept of an oral contract, we first need to know the elements of a valid contract.

According to Texas law, a contract is a promise(s) with legal consequences that are formed when an offer is made, the offer is accepted and valuable consideration (money, services, etc.) is exchanged for the promise(s). In determining the existence of an oral contract, Texas courts look to the communications between the parties and to the acts and circumstances surrounding those communications. Furthermore, a breach of an oral contract occurs when (1) there is a valid contract, (2) a plaintiff performs its obligation, (3) the defendant breaches his obligation and (4) the plaintiff sustains damages from the breach.

Oral promises can have disastrous consequences. An example is seen in a case decided by the Houston Court of Appeals in 2012. In that case, the trial court awarded an employee $42,500.00 in damages for breach of an oral contract promising her an end-of-year bonus. The court of appeals affirmed the trial court’s ruling. That court stated that there was sufficient evidence of an oral contract when the vice-president of operations for a family-run business told an employee that she would receive a bonus for work performed during the previous calendar year. The employer argued that it told the employee she “might” receive a bonus. However, the court found that a reasonable jury could find that an oral contract was formed from the evidence presented at trial. The result: The employer was on the hook for $42,500.00 due to the employee.

From oil giants to small business owners, Texas courts have no problem enforcing oral promises if they meet the requirements of a valid contract. The above case is a cautionary tale to employers, as well as employees in certain circumstances, to choose their words wisely when making oral promises. The enforcement of an oral promise ultimately turns on the communications between the parties and to the acts and circumstances surrounding those communications.

And that's true of everywhere else. I was simply using that illustration for the damages awarded over a simple oral contract.

 
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News Comments > More Derek Smart vs. Star Citizen
69. Re: More Derek Smart vs. Star Citizen Aug 24, 2015, 15:47 Cutter
 
SpectralMeat wrote on Aug 24, 2015, 12:21:
Even if the contractor refunds all your money?

Well yeah. It doesn't change the fact that they failed to meet their obligation. In most real world cases that puts an undue burden on the other party. Let me give you a real world example.

Some acquaintances of mine have a young son with MS. They contracted a landscaping company to rip out their front steps so they could extend their porch and have a ramp built for his wheelchair. Almost a year has gone by with nothing being, meanwhile the poor kid is getting worse and it's making it more and more difficult for them. So they had to get another contractor to do the work immediately and sue the other assholes to get their money back.

So they went through the process of doing the research and getting several quotes and picking one of them and giving them a deposit. That's all time and money wasted. Then they had to go through that whole process yet again as well start legal proceedings against Jerk Company A.

This sort of shit happens every day. Multiples times every day. Walk into any courthouse anywhere and see all the people waiting for small claims and civil court. This isn't a rare thing. And it's the reason we have very specific contract and consumer protection laws. And it's the reason that Attorney Generals everywhere are finally getting on board with dealing with crowdfunding. It doesn't matter what you call it, it's still an agreement between two parties where money changes hands for an agreed upon product and/or service. That my friend, is a contract. And if you breach it, you should be found liable and pay for it.
 
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News Comments > Morning Safety Dance
7. Re: Morning Safety Dance Aug 24, 2015, 12:24 Cutter
 
eRe4s3r wrote on Aug 24, 2015, 11:06:
Cutter wrote on Aug 24, 2015, 10:29:
Who the hell would work in such an Orwellian environment? Are you an employee or property?

And privacy is a thing, Just because I leave my door open or the windows unblinded that's not an invitation for anyone to walk in or start looking through the windows in earnest. The reason we need privacy laws is precisely because some people don't understand that it's a thing and need to be made to understand that.

You have to create barriers to protect your privacy (blinds for example ,p). Just by doing nothing to protect your own privacy you cede more and more of it until you left with no privacy.... So privacy is not a "thing" that you can grab and carry. It is a process that you have to constantly maintain by action and that you lose more and more by mere non-action.

Aside that I agree with you

No, because there's a differnce between someone walking by looking in your window and a peeping Tom standing out there with binoculars looking in. That's why we created laws against voyeurism and it's considered an invasion of privacy. Otherwise we'd all have to live in virtual prisons with 20 ft high walls around our property. It's a very tangible thing. Same as why the cops can't - aren't supposed to at any rate - shake you down for no reason. Privacy ain't nothin' but a thang! Beatnik
 
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News Comments > More Derek Smart vs. Star Citizen
29. Re: More Derek Smart vs. Star Citizen Aug 24, 2015, 12:20 Cutter
 
SpectralMeat wrote on Aug 24, 2015, 11:47:
Derek says: "Finally, in this legal action that I have now initiated, note that I haven’t asked for anything that benefits me in any, way, shape or form. This is not, and never was, about me nor my game."
So regardless of him not being financially invested in this project anymore, Derek and his lawyer(s) doing this because........ reasons

That sounds pretty ridiculous.

No, because they had already failed to meet the requirements of the agreement they initially agreed upon. It's like your contractor telling you it'll take a year to reno your house and a year later you haven't seen any real work being done. Contracts exist for myriad reasons. This being a prime example of that.
 
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News Comments > Out of the Blue
3. Re: Out of the Blue Aug 24, 2015, 12:17 Cutter
 
It's kind of sad that message in a bottle wasn't an SOS to the world.
 
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News Comments > More Derek Smart vs. Star Citizen
9. Re: More Derek Smart vs. Star Citizen Aug 24, 2015, 10:34 Cutter
 
Shineyguy wrote on Aug 24, 2015, 10:12:
"And through that, we’re going to subpoena and depose every single key person"

Because that's what they need; another delay to development.

No, what they need is accountability and that's what Dirk is trying to force here. God help me but I agree with the man for once. I fear the End Times are here.
 
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News Comments > Mad Max Commercial
3. Re: Mad Max Commercial Aug 24, 2015, 10:30 Cutter
 
Maxis has gone mad?
 
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News Comments > Morning Safety Dance
2. Re: Morning Safety Dance Aug 24, 2015, 10:29 Cutter
 
Who the hell would work in such an Orwellian environment? Are you an employee or property?

And privacy is a thing, Just because I leave my door open or the windows unblinded that's not an invitation for anyone to walk in or start looking through the windows in earnest. The reason we need privacy laws is precisely because some people don't understand that it's a thing and need to be made to understand that.
 
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News Comments > Morning Metaverse
2. Re: Morning Metaverse Aug 24, 2015, 10:18 Cutter
 
Pigeon wrote on Aug 24, 2015, 09:54:
It's just a pointless product for tech hipsters; that's all that needs to be said about the Dash Button.

That and he doesn't even touch on the environmental impact. It's a lot more expensive environmentally as well using those stupid buttons. How lazy do you have to be that you can't just pick that stuff up when you're out shopping anyway?
 
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News Comments > Steam Top 10
29. Re: Steam Top 10 Aug 23, 2015, 22:21 Cutter
 
.Drifter wrote on Aug 23, 2015, 20:42:
ARK. Bought it based on hype of some friends, and it being a top seller. Played it, thought it was actually pretty decent, they seem to patch it multiple times a day even, but . . . while I was able to get it to run decently, my biggest issues is spawning in front of stuff that kills me. Start a game, there's a T-Rex, and I'm dead. I respawn, oh hello mr. t-rex . . . dead again. Rinse/repeat.

That's because it's an alpha and you didn't know that the island is divided in difficulty areas. South is low level and north high. East and west are mid. Start somewhere in the south. That's where you'll find low level dinos and beacons. As you move out exploring don't be afraid to build beds on platforms all over for a rapid transit system around the island.
 
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News Comments > Out of the Blue
4. Re: Out of the Blue Aug 23, 2015, 16:11 Cutter
 
A) Christian Slater is the flavour.

B) I don't want Patrick Stewart to make me laugh. I watch him for the gravitas.
 
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News Comments > Sunday Tech Bits
3. Re: Sunday Tech Bits Aug 23, 2015, 16:08 Cutter
 
Trashy wrote on Aug 23, 2015, 14:09:
Pshh.. It still can't legally drink yet.

It's been able to drink for 1 or 2 years already in most normal countries.
 
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News Comments > On Sale
5. Re: On Sale Aug 23, 2015, 16:06 Cutter
 
Keith wrote on Aug 23, 2015, 15:32:
I used a 33% off last week to pre-order Star Wars Battlefields. Pretty much a must buy. Hope it doesn't suck.

Must buy for you maybe.
 
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News Comments > Sunday Crowdfunding Roundup
3. Re: Sunday Crowdfunding Roundup Aug 23, 2015, 16:05 Cutter
 
These campaigns for cell phone games...and PC, always make me laugh. 'Well we want to make a cell phone game but no one will give us dime one so maybe PC player will if we port it to PC.'
 
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News Comments > Steam Top 10
3. Re: Steam Top 10 Aug 23, 2015, 16:03 Cutter
 
3GB 7980, 8GB RAM, 3.4Ghz Quadcore AMD, 250GB Adata SSD and the game runs pretty well on that for an unoptimized alpha.
 
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News Comments > Out of the Blue
21. Re: Out of the Blue Aug 23, 2015, 12:14 Cutter
 
shihonage wrote on Aug 23, 2015, 07:17:
1badmf wrote on Aug 23, 2015, 07:10:
as someone's who politically apathetic

they're almost to spanish inquisition levels of head-in-the-sand anti-reason fear-mongering, intolerance, greed and hypocrisy.

Nothing to see here, just another Daily Show fan trying to pass himself as an unbiased observer.

Uh huh, you just keep trying to rationalize away your extremism there, Scooter. I'm sure you'll actually believe it someday. After all, repeat the lie long enough....

 
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News Comments > Saturday Legal Briefs
3. Re: Saturday Legal Briefs Aug 22, 2015, 21:03 Cutter
 
And the stupidity of Copyright continues unabated.
 
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News Comments > Sword Coast Legends Head Start Plans
10. Re: Sword Coast Legends Head Start Plans Aug 22, 2015, 20:58 Cutter
 
eRe4s3r wrote on Aug 22, 2015, 19:19:
KS wrote on Aug 22, 2015, 18:47:
"The necromancer...with the heart of gold!"

"When I use infernal magics to yank souls back from the great beyond and bind them to dead bodies against their will and enslave them to my commands, I feel real, real bad about it!"

So .. an emomancer?

Omg that is so awesome! Now THAT is a game I'd dearly love to see!

Coming Halloween 2016...EMOMANCER!!!

'Emonamcer: He's not a fucking Goth, ok?'
 
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News Comments > Out of the Blue
5. Re: Out of the Blue Aug 22, 2015, 17:07 Cutter
 
At a later news conference in Arras, Norman, who spoke alternately in French and English, was asked why he sprung into action.

"Either you sit down and you die, or you get up and you die. It was as simple as that," he told reporters. "We've seen enough of these attacks to know that they will kill everyone."

Fuckin' A, bubba! Those motherfuckers are going to top you whether you fight back or not so you may as die on your feet if that's how it has to go down. If these heroes - and finally we can use that word correctly for once - didn't act we'd be reading about a large body count today. I think this is why its more imperative than ever than countries empower their citizens to carry and conceal. People have a natural born right to defend themselves and their friends and family.

 
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21871 Comments. 1094 pages. Viewing page 6.
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