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Real Name NKD   
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Nickname NKD
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Signed On Aug 3, 2007, 17:05
Total Comments 3075 (Veteran)
User ID 43041
 
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News Comments > Evening Crowdfunding Roundup
15. Re: Evening Crowdfunding Roundup May 3, 2014, 03:49 NKD
 
WaltC wrote on May 3, 2014, 01:44:
Sure, backing a Kickstarter isn't *exactly* like "gaming" at a casino or buying a lottery ticket--it's not exactly the same thing at all. But in the case of backing a Kickstarter, just like in the case of gambling, your money legally guarantees you *nothing*, and it simply doesn't matter what it was that you understood the particular Kickstarter project to be giving you *in return* for your money. In that case, you understood wrong. The fine print says it all. Learning how to read is the first step towards a long and happy life, imo...;)

I hope you're not a lawyer because this is factually incorrect, at least in the US. It does not comport with US law, Kickstarter's TOU, or even their FAQ.

From Kickstarter FAQ:

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.) This information can serve as a basis for legal recourse if a creator doesn't fulfill their promises. 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.

There is no "fine print" that states you have no recourse if delivery of rewards is not made. In fact, Kickstarter's "fine print" only protects Kickstarter from liability. It does not protect the project creator in any way, shape, or form. When backing a project, if your funds are accepted you are entitled to what is listed as a reward. If the project creator has not made good faith efforts to deliver that product, they may be guilty of fraud, but that's involved proving intent to defraud and laws vary from state to state and internationally.

The reason this is a civil suit is because it's trivial to prove that money was given by a large number of individuals, and none received a product. Intent to defraud isn't necessary, only failure to deliver on what was promised. You were right about one thing, this is being pursued because it's a guaranteed win. The guy most likely will not even show up to court and will just eat a default judgement because he has no significant funds or assets left to lose.

Saying "I will give you this in exchange for X amount of dollars" in a way that can be proven is as legitimate a civil contract as one 50 pages long written by ten lawyers. Saying otherwise is incorrect. And as to the claims of trying to grab political capital, there is little or none to be had in the political climate of Washington right now with penny ante issues like this one, at least not in terms of votes. At best it'll beef up the resume of the Assistant AG working the lawsuit.

This comment was edited on May 3, 2014, 03:58.
 
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News Comments > CCP's Project Legion Announced
6. Re: CCP's Project Legion Announced May 3, 2014, 01:32 NKD
 
CCP has a severe case of attention deficit.  
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News Comments > Evening Crowdfunding Roundup
10. Re: Evening Crowdfunding Roundup May 3, 2014, 00:04 NKD
 
Panickd wrote on May 2, 2014, 22:34:
Seems somewhat strange. How hard could it have been to have weird ass playing cards printed up?

And what, exactly, will this end up costing the Washington taxpayer? More than the $25,000 that was taken? Oh yes, it's an election year. Silly me. I thought this was about the consumers getting fleeced.

The suit is brought by the office of the Attorney General, who is appointed by Gov. Jay Inslee, who isn't up for re-election until 2016. Also, as a resident of WA, I can assure you no one gives a fuck about crowdfunding fraud and it's not really a hot button issue that's going to sway voters 2 years from now.

Whatever the motivation here, just ignoring this kind of activity because it's not profitable to go after it is a pretty fucking stupid position to hold.

I'm a WA state taxpayer, and the portion of my taxes that goes to the Attorney General's office is supposed to be used for stuff like this, so more power to them.
 
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News Comments > ZeniMax vs. Oculus and Carmack on VR Tech
44. Re: ZeniMax vs. Oculus and Carmack on VR Tech May 2, 2014, 02:02 NKD
 
Facebook isn't going to be as easy to bully as Mojang, you litigious cunts.  
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News Comments > Defiance Going F2P
7. Re: Defiance Going F2P May 2, 2014, 01:56 NKD
 
LittleMe wrote on May 1, 2014, 23:33:
Umbragen wrote on May 1, 2014, 21:08:

The game MUST be better than the TV show, it's simply impossible for it to be otherwise.

IMO, it is. I found it to be a rather fun casual fling from time to time.


Plus, let's be honest here, having any real sci-fi on TV (aliens and the like) is a big improvement over the recent TV situation where the only sci-fi has been spy-fi and other genres with just a dash of science fiction thrown in.

Who knows, maybe soon there will be another TV show set on a space ship.
 
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News Comments > Wolfenstein Gameplay Trailer
23. Re: Wolfenstein Gameplay Trailer Apr 29, 2014, 23:37 NKD
 
Might be worth a shot. Will wait and see as is my usual motto. Trailers don't really tell you much.  
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News Comments > Watch Dogs Season Pass Details
23. Re: Watch Dogs Season Pass Details Apr 29, 2014, 18:32 NKD
 
Most of these seasons passes are fairly decent deals in terms of content for money. But best to wait and see.  
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News Comments > Star Citizen "Coming Together"
42. Re: Star Citizen Apr 26, 2014, 22:15 NKD
 
Star Citizen threads might as well just have comments disabled at this point.  
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News Comments > Obsidian: New Kickstarter Hopefully This Year
12. Re: Obsidian: New Kickstarter Hopefully This Year Apr 26, 2014, 03:06 NKD
 
Cutter wrote on Apr 26, 2014, 01:10:
No man, not gonna' freak. I simply choose not to back those who can easily fund their own projects and feel others should do the same. Plenty of people doing crowdfunding who actually really need the money. I find this very sleazy.


If they could "easily fund their own projects" Obsidian probably wouldn't be stuck perpetually releasing buggy unfinished games on the timetable dictated by their publisher. Obsidian has been bitchslapped time and time again by the traditional publisher-developer relationship. If there's any company that should be looking at crowdsourcing, it's Obsidian.

You're one of the stupidest piles of dogshit walking this earth Cutter. You bitch time and time again about triple-A developers shipping underwhelming titles and asking full price. Whine whine whine. That's all you fucking do. But then you immediately turn around and bitch some more when some of the best existing talent in the industry wants to experiment with shedding the traditional publisher model.

Quote from Feargus: "OH I'M SORRY, WE'RE NOT ALLOWED TO TRY SOMETHING NEW BECAUSE CUTTER DOESN'T APPROVE OF THE FACT THAT OUR STUDIO ISN'T BASED IN HIS MOTHER'S BASEMENT.

WE'VE HAD JOBS THAT DIDNT INVOLVE DELIVERING PIZZA SO WE'RE FOREVER BANNED FROM CHANGING OUR BUSINESS MODEL!"

What the fuck do you want them to do nimrod? Just stop making games? Resign themselves to be forever the bitch of some publisher like Sega and release some sequels to Alpha Protocol that never receive a single patch or bugfix?

jdreyer wrote on Apr 26, 2014, 03:04:
No, actually separate independent projects IS EXACTLY WHAT KICKSTARTER IS FOR. It's not to provide loans to start up companies. And it's immaterial if those projects are done by the same studio. PoE is by design, a nostalgic non-mass market product that will sell okay, but won't make them millions and millions of dollars over their cost.

That's exactly fucking right. Kickstarter is for getting a project launched. It may not even make that much of a profit. This is why we can't have anything nice. People finally start making some niche titles again, and everyone just shifts gears and bitches that the niche titles aren't profitable enough to indefinitely sustain more projects.

Holy fucking shit do these people even read what they post? You can't have it both ways. You can't have these smaller budget games tailored to a niche audience and expect the traditional business model to take off from there.

Is that what we really want? You want to Kickstart some company so they can just get in bed with some other publisher for the next fucking project?

This comment was edited on Apr 26, 2014, 03:12.
 
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News Comments > Into the Black
3. Re: Into the Black Apr 25, 2014, 23:09 NKD
 
Most of the EU is poo anyway. Old Republic era kind of interesting, Thrawn trilogy good, beyond that...  
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News Comments > Minecraft Realms Launches in North America
6. Re: Minecraft Realms Launches in North America Apr 24, 2014, 21:58 NKD
 
This is geared more towards kids and their parents looking for a simple no-hassle vanilla server for just a few people. Anyone with a bit of tech savvy is probably going to want to look elsewhere for something that'll let them run a few mods or more people.  
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News Comments > Just Cause 3 Domain Registered
1. Re: Just Cause 3 Domain Registered Apr 24, 2014, 18:00 NKD
 
Looking forward to breaking out the magical regenerating parachutes and even more magical grappling hook again.  
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News Comments > SOE on H1Z1 vs DayZ
18. Re: SOE on H1Z1 vs DayZ Apr 21, 2014, 05:04 NKD
 
Acleacius wrote on Apr 21, 2014, 01:26:
soe and smedly WAS the previous publisher who pulled funding, because Vanguard's release would directly hit EQ2 in the wallet. This is why the game was forced out early. McQuaid had no choice it was release late alpha, or lose any chance of the game ever being released.

False. Vanguard was originally to be published by Microsoft. That wasn't working out, so four years into development, Sigil bought Microsoft's stake in the project out and turned to their old pals at SOE to help get the project out the door. This is where it all falls on McQuaid. He didn't show up the last six months of development, and failed to secure additional funding to get the game finished. So they pushed it out the door. After it flopped, SOE bought out Sigil and kept on some of the team.

I'm not claiming McQuaid didn't have problems, neither is McQuaid but soe's jealously was what caused this debacle. When it became obvious Vanguard wouldn't be able to recover, soe stepped in to by a CLEARLY superior IP to EQ2 for the rights to the world.

What was SOE "jealous" of? If they thought it was a threat, why didn't they just let it die instead of doing McQuaid a favor? It was a stinker of a game that had been in development for 5 years and still wasn't ready to ship. From every story I've heard, the only reason SOE picked it up is because Smedley and McQuaid are friends and he couldn't say no to his buddy.

Smedley is the ***on who created the idiotic F2P system in EQ2 first, where even if you paid the full $15 a month you still didn't have FULL access to the game. Not only that it was smedley who cause McQuaid and team to leave soe, because EQ2 was going in the wrong direction. So smedley cause EQ2 to be weak, lost some of the best mmog developers, created the most failed F2P, killed Vanguard and he's still making millions a year destroying soe's mmo gaming division.

Yeah, Smedley lost some great MMO developers there. What are they doing now? Oh yeah, they are largely still at SOE. McQuaid's right hand man on Vanguard, Jeff Butler, is Creative Director on EverQuest Next and several other Sigil guys are still on at SOE. And McQuaid can't even get anyone to back his current project.

As far as the "most failed F2P" I'm not sure what the fuck you're on about. Their F2P model is the only reason they can afford to keep older MMOs like EQ and EQ2 running long after the subscriber count has diminished.

You can try to paint Smedley as an idiot or incompetent or whatever, but SOE is a profitable business with several projects in development, so your entire barely intelligible rant should just be reduced to "I don't like John Smedley's decisions on a personal level so I'm going to be a fucking moron about it instead of just saying that."

 
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News Comments > Steam Top 10
11. Re: Steam Top 10 Apr 21, 2014, 00:36 NKD
 
SpectralMeat wrote on Apr 20, 2014, 20:27:
People are still crazy about DayZ.
Watch Doge seem to be doing pretty well in sales too, hope it won't disappoint.

Asshole! It's MY job to make the Watch Doge references on this site! I'll sue!!

Watch Doge
 
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News Comments > SOE on H1Z1 vs DayZ
14. Re: SOE on H1Z1 vs DayZ Apr 20, 2014, 22:55 NKD
 
Cutter wrote on Apr 20, 2014, 16:28:
Ozmodan wrote on Apr 20, 2014, 15:16:
Smedley has totally flipped his lid on this game. It is going NOWHERE! What a complete waste of development staff. I have always known him to be an idiot, but now we see he is way beyond that and in fact a complete imbecile!

How challenging is killing zombies? It gets boring as hell fast!. So all they have left is pvp and there FAR BETTER pvp games out there than this one will ever be.


Yeah, I'll still never understand why he wasn't terminated with extreme prejudice after Vanguard. SOE really needs to get rid of him.


Vanguard? The game they rescued on the cheap when the previous publisher backed out and ran profitably for 7 years? The reason Smedley is there probably has something to do with the fact that he's been with the company from the beginning, is popular there, and SOE is a profitable division.

Vanguard was a stinker in terms of where McQuaid and friends thought it would go, but it wasn't a financial loser for SOE.
 
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News Comments > PC Final Fantasy III Revealed
9. Re: PC Final Fantasy III Revealed Apr 18, 2014, 13:31 NKD
 
Dead Man Walking wrote on Apr 18, 2014, 13:09:
I just bought and been playing the android version of FF6. Very well done port even with the odd control scheme. I recommend it if you have a droid device and love the series.

Shame about the art style though. They sapped all the character out of it...

But eh, PC users always have the option of playing the US or JP versions of the SNES, PS1 (ick), or GBA editions of the game.
 
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News Comments > Deus Ex: Human Revolution - Director's Cut for OS X
7. Re: Deus Ex: Human Revolution - Director's Cut for OS X Apr 15, 2014, 20:24 NKD
 
Director's Cut is amazing. I think I had to pay like $5 for it as an owner of the original game and expansion. Well worth the trivial asking price to have a streamlined definitive version of the game with new boss battles and the expansion built in. To say nothing of the minor bugfixes and performance improvements throughout.

More value than I've ever gotten out of a $5 DLC I'm pretty sure...
 
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News Comments > Pantheon Development to "Slow Down"
2. Re: Pantheon Development to Apr 15, 2014, 19:44 NKD
 
Brad just doesn't have a base of gamers who trust him. You're only as good as what you've done lately and he's only shipped two titles. One was 15 years ago, and was pretty successful, but it peaked after he left. The second was 7 or 8 years ago and failed because he was gone for the last 6 months of development.

He says he was out trying to scrape together funding, other insiders say he was snorting a lot of coke. We'll probably never know which is true, and it might be a bit of both.

On top of that he was trying to create something in a crowded market. It's not like Star Citizen where they are basically the only heroin dealer in town after 10 years without a needle.

The sad truth of Kickstarter and crowd funding in general is that you're not going to get big money unless you've got a lot of early backers who support you either because they are delusional fanboys or because they know full well they are probably wasting their time and money but care enough about the project to back it anyway.

Those guys make the critical mass you need. Fifty updates to your Kickstarter page and some concept art is not going to win you anything. You need word of mouth hype from fanboys.
 
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News Comments > World of Darkness Cancelled
19. Re: World of Darkness Cancelled Apr 14, 2014, 21:52 NKD
 
That sucks. I was hoping CCP would move beyond EVE some day, but I guess they will live and die based on how long EVE lasts. Probably a long while at this rate, since it has no competitors in being a massive economic empire simulator.

But still, it would be nice to see CCP try their hand at something else. And I love the World of Darkness setting. Unfortunately I don't think we'll see any more game titles other than the pen & paper variety in that setting for a very long time.

We almost didn't get the last one.
 
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News Comments > Watch Dogs PC Graphics
24. Re: Watch Dogs PC Graphics Apr 12, 2014, 16:05 NKD
 
xXBatmanXx wrote on Apr 12, 2014, 14:36:
nin wrote on Apr 12, 2014, 13:17:
xXBatmanXx wrote on Apr 12, 2014, 13:14:
Redmask wrote on Apr 12, 2014, 08:29:
1badmf wrote on Apr 12, 2014, 00:51:
haha pretty sure bats was just trolling the star citizen haters.

Well the joke is on me then I guess, well done

Not really trolling. How come a game that was supposed to be done 6+ months ago isn't playable at PAX today!? The game is supposed to ship in less than 30 days. WTF!? Why wouldn't you have people playing the game?

Its a scam. Game is going to blow.

OK, Cutter!


What, you guys don't have issue with a game that should be "gold" (ships in a month) that isn't playable at a gaming convention?

Not really unusual. Most games are not playable at conventions. Hell, many come out when convention season isn't even going. But what does it matter anyway? Wait until full game is released, read reviews from reviewers I trust, buy accordingly.

People at a convention waiting in line for 2 hours to play something are probably pretty fucking invested already and aren't going to give you a good unbiased opinion.
 
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3075 Comments. 154 pages. Viewing page 11.
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