This past Friday, a backer lost his small claims court bid to force CIG to refund him.
In the thread below, I already addressed this issue, and what it means for other backers going forward.
He "lost" because he failed to make a case for why the court should hear his case. As a result, the judge simply enforced the arbitration condition in the TOS.
I track all TOS versions below:
As a result, the judge dismissed his complaint without prejudice - meaning that he could re-file if wanted to - or go to arbitration as per the TOS
CIG had pledged to deliver the game by Nov 2014.
However, by that date, they had increased the game scope and raised $65M
That's what they did with the 08-29-2013 release of the hangar module
Backers were now forced to arbitration.
CIG already knew they were incapable of shipping the games as promised, and by the time promised. So they started to create legal cover for themselves, by walking back protections they had already given to backers.
It's their money - we don't care.
If you backed the game before 08-29-2013, and NEVER accessed it again, according to the prevailing TOS, you still may not be entitled to a refund.
The only difference is that the latest version, tightens up the language used
See Section IV Fundraising & Pledges
That's all it does. Nothing to do with refunds.
There are VERY FEW backers who would qualify under that instance.
Let's look into that.
So if you backed the game with $500 in Oct 2012, and asked for a refund in 2018, how do you determine which portion of your money has been "earned"?
I told you it was hilarious.
Also don't forget that asking for a refund terminates your account, you lose all your assets etc.
So according to CIG, your $25K refund could be $10. And you still have NO GAME!!!
If you had previously backed the game, accessed it after the June 2016 TOS then NONE of this matters because they neither have to give you a refund of ANY kind, nor a game.
I wish I was joking.
So that's the culmination of all the TOS changes these past years.
Guess where we go from there?
During discovery, CIG will have to disclose how much money they raised, how much they spent - and on what.
And THAT is what is going to determine their claim to have "earned" the backer money.
So don't get confused by this backer small claims issue because it's immaterial to the bigger picture that determines whether or not a backer is entitled to a refund or even a game - of any kind.