Long-time backers of the
Star Citizen project are no longer able to
secure refunds from Cloud Imperium Games, reports
Attack of the Fanboy. They note
a Reddit post from a customer who sued to get a refund and lost in small
claims court (thanks RedEye9). Word is that CIG is now enforcing a change to the
terms of service that was
made around a year ago that permits them to refuse refunds requested more than
14 days after a pledge, which this court decision upheld. CIG has now collected
almost $190 million in funding from over two million backers since 2011 for a
project originally planned for a 2014 release, which helps explain why some
have lost patience that this has evolved into two different games
still in the alpha stage of development. Refunds and other topics
are part of an
incredible new tweet storm from Derek Smart, as the outspoken skeptic of
this crowdfunded space game offers analysis and criticism of various aspects of
the situation. Here's most of the
Reddit post discussing the court decision:
In mediation, CIG/RSI
would not agree to refund the portion of my account not covered by the
arbitration agreement.
Though lawyers aren't permitted, CIG/RSI lawyers drafted and submitted
statements that were permitted.
The judge declined to hear anything about the conscionability or lack of
consideration in the TOS.
Despite the top sentence on the TOS, CIG/RSI successfully argued that the
arbitration clause should be applied to transactions even before the clause
existed.
CIG/RSI repeatedly argued that there is a playable game and that funds have been
earned, but the judge did not rule that either.
Following application of arbitration clause to transactions outside covered
dates, court orders matter to arbitration, case is dismissed without
prejudice.