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Post by mindless on Mar 2, 2015 19:36:28 GMT
I've just noticed a recent post in the godus kickstarter comments, where a user called Avalanche is advising people that have requested refunds, and have had those requests rejected. That they can use the chargeback scheme to reclaim their money.
Anyone on these boards considering doing something like this? if so let us know how you get on.
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sjoerd93
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Post by sjoerd93 on Mar 2, 2015 21:55:51 GMT
I think that's very unlikely. He never said that he knew that before the kickstarter. That he missed the delivery date is not a strong point for a refund. This just happens with Kickstarter projects. To be brutally honest, I think that people complaining about missing that date are just whining and miss the point of Kickstarter. Kickstarter is NOT a store, and you should not take the promises by heart. You're investing in (not buying) a project that is in very early (sometimes before) development. One thing about investments is that they can go either way. If it does not turn out like you hoped, you should take your losses. That's part of investing. Don't like it? Then wait until it releases. (That does NOT excuse anyone for not delivering on hard promises. But keep in mind that some things don't turn out like you want them to. Some features won't make it, and deadlines will be missed 99% of the time. For example, Godus is not excused for their fixation on mobile design. However, the engine that they use for Godus would support Linux 'soon'. Right now, it seems like Marmalade won't support Linux at all. 22Cans did not know that, so Linux is inevitably delayed and perhaps off the table. The fact that Linux is delayed is completely sensible. (I think they should make an effort into porting it, but I understand that they wait until Godus is (nearly) finished, as they intended to do. (Right now it may be off the table completely, but that's another story)) In fact, looking at a year after funding, only a third of Kickstarter games fully delivered. Looking at games that do deliver something videogame-ish. Only half of the projects deliver partly (like part of the game, or a mobile app that highlights a minigame). The other half of projects leave the backers waiting without anything. Source: evilasahobby.com/2014/01/18/kickstander-only-around-a-third-of-kickstarted-video-game-projects-fully-deliver-to-their-backers/Granted, Godus missed the deadline by FAR. All I'm saying is that missing the deadline is not the point here. Most kickstarters miss their deadlines. I backed three projects in total (including Godus), and all three have missed their deadline by over six months (one is the matchstick so I'm still waiting for that one). I don't care about the deadlines. For example, Broken Age (from DoubleFine) missed their deadline by years as well. However, the end result is incredible if you ask me. I really enjoyed part 1, and I'm looking forward for part 2 (which is expected pretty soon). I don't care about that, that's one of the risks of funding unfinished projects. What I'm more pissed at, is the fact that 22Cans said that you'd need two keys if you want mobile and PC access. Or the fact that they said that it's going to be a PC-first game inspired by the likes of Populous and B&W. Or that there may not be a Linux version. Or the fact that they explicitly said that they wouldn't go for a publisher, and then went either way with one for mobile. Or the fact that they said that mobile wouldn't influence PC-design, while Godus is basically a mobile port with some tweaks atm. I still have hopes for this project. It ain't over until you give up, and as long as they're still working on it I will not even try to file a claim. I still feel that there are passionate people working on this project, who have good ideas for the PC game (mainly Konrad and Fabs). If these people are granted the ability to actually work on the game, without restrictions and such regarding monetization. (Talking about design that is not focused on monetization. I understand that the costs of implementation play an important role) Then this still can be a 'proper' title. Sorry for the long-winded post. tl;dr: Missing deadlines is a weak reason for refunds. 22Cans made some inexcusable decisions, but I won't file a complaint until they officially have given up, there are still good people working on the project who may steer the game into the right direction.
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Lord Ba'al
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Post by Lord Ba'al on Mar 2, 2015 21:58:20 GMT
You might want to check out this thread on our very own board.
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heggers
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Post by heggers on Mar 2, 2015 22:39:15 GMT
My two pennies on this matter. I think you need to be VERY careful if you want to try going to the the chargeback route. I don't think its as cut and dry as it seems. Chargeback can actually be a kind of fraud as well (ironic I know given the circumstances). Depending on how this fellow's application goes, 22Cans might be about to be in a world of financial and PR hurt
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Post by hardly on Mar 3, 2015 0:54:53 GMT
I wouldn't recommend anyone go down this route but I do think a good argument can be made that peter made statements recklessly during the kickstarter. His famous quote about promising anything during the Kickstarter suggests he may have made reckless promises to ensure it was funded.
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Post by militairensneuvelen on Mar 3, 2015 8:57:22 GMT
I think that's very unlikely. He never said that he knew that before the kickstarter. That he missed the delivery date is not a strong point for a refund. This just happens with Kickstarter projects. To be brutally honest, I think that people complaining about missing that date are just whining and miss the point of Kickstarter. Kickstarter is NOT a store, and you should not take the promises by heart. You're investing in (not buying) a project that is in very early (sometimes before) development. One thing about investments is that they can go either way. If it does not turn out like you hoped, you should take your losses. That's part of investing. Don't like it? Then wait until it releases. (That does NOT excuse anyone for not delivering on hard promises. But keep in mind that some things don't turn out like you want them to. Some features won't make it, and deadlines will be missed 99% of the time. For example, Godus is not excused for their fixation on mobile design. However, the engine that they use for Godus would support Linux 'soon'. Right now, it seems like Marmalade won't support Linux at all. 22Cans did not know that, so Linux is inevitably delayed and perhaps off the table. The fact that Linux is delayed is completely sensible. (I think they should make an effort into porting it, but I understand that they wait until Godus is (nearly) finished, as they intended to do. (Right now it may be off the table completely, but that's another story)) In fact, looking at a year after funding, only a third of Kickstarter games fully delivered. Looking at games that do deliver something videogame-ish. Only half of the projects deliver partly (like part of the game, or a mobile app that highlights a minigame). The other half of projects leave the backers waiting without anything. Source: evilasahobby.com/2014/01/18/kickstander-only-around-a-third-of-kickstarted-video-game-projects-fully-deliver-to-their-backers/Granted, Godus missed the deadline by FAR. All I'm saying is that missing the deadline is not the point here. Most kickstarters miss their deadlines. I backed three projects in total (including Godus), and all three have missed their deadline by over six months (one is the matchstick so I'm still waiting for that one). I don't care about the deadlines. For example, Broken Age (from DoubleFine) missed their deadline by years as well. However, the end result is incredible if you ask me. I really enjoyed part 1, and I'm looking forward for part 2 (which is expected pretty soon). I don't care about that, that's one of the risks of funding unfinished projects. What I'm more pissed at, is the fact that 22Cans said that you'd need two keys if you want mobile and PC access. Or the fact that they said that it's going to be a PC-first game inspired by the likes of Populous and B&W. Or that there may not be a Linux version. Or the fact that they explicitly said that they wouldn't go for a publisher, and then went either way with one for mobile. Or the fact that they said that mobile wouldn't influence PC-design, while Godus is basically a mobile port with some tweaks atm. I still have hopes for this project. It ain't over until you give up, and as long as they're still working on it I will not even try to file a claim. I still feel that there are passionate people working on this project, who have good ideas for the PC game (mainly Konrad and Fabs). If these people are granted the ability to actually work on the game, without restrictions and such regarding monetization. (Talking about design that is not focused on monetization. I understand that the costs of implementation play an important role) Then this still can be a 'proper' title. Sorry for the long-winded post. tl;dr: Missing deadlines is a weak reason for refunds. 22Cans made some inexcusable decisions, but I won't file a complaint until they officially have given up, there are still good people working on the project who may steer the game into the right direction. Sjoerd, it's not about time or deadlines. It's about features which are obviously never going to make into the game. Knowing some important feature won't make it is just not the same as not making a deadline. It's "non delivery" (you still assume ALL the promised features will be in the game, the deadline just hasn't been reached yet).
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sjoerd93
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Post by sjoerd93 on Mar 3, 2015 12:13:35 GMT
I know it's not about time or deadlines. I was mainly reacting on this part of the post: "But I feel that even just saying the game would be done in 9 months, but now reiterating in the reply you received, that "the average development for video games can last for up to 4 years" ties in with what Peter Molyneux has said he's known for *years*: that the game had no chance at being made in 9 months." But what I'm saying is that this is a weak point. The fact that Godus takes way longer than what we were told is (in my opinion) not a valid reason for a refund. Almost all kickstarter games miss deadlines. This is simply one of the things you should expect when kickstarting a project, deadlines are going to be missed and some features won't make it. If you're talking about the article I quoted. The games that delivered 'partly' after a year of funding, may also not have delivered on those features later on. There's no information on that. Also, of course I don't assume all promised features will be in the game. I can almost gaurantee that the hubworld (as described in the original pitch) is not going to happen. Linux version? As a big FOSS fan, it pains me to say that I do not believe in this. Possession mode and first person world crafting? I don't think so. Does that make me furious with 22Cans? Not really. Hubworld as described is technically infeasible (they did not really expect it to be that difficult during the pitch, I won't be mad for bad judgement), Linux version is 'cancelled' because the engine they use never added the promised Linux support (case of force majeure), and possession mode was a stretch goal anyway; not a reason I backed this project. BUT, I do still have hopes that they can make Godus into a good game. I did not back for specific features, I backed for a good god game. (Which hasn't happened since B&W, for me) Especially when you're backing a Molyneux project, you should not expect everything is going to happen. Everything the man says should be taken with a grain of salt. (Whether he is lying, or a starry-eyed dreamer is another debate. But I think we can all safely say that his words should almost never be taken as a promise). I think the original Pitch is really illustrative, where Peter says he wants "10 gods vs 10 gods, no 20 gods vs 20 gods. Just imagine the mayhem" and then Tim Rance going "Eight!", "No we'll do eight", "Eight", "we could push beyond eight but that's tricky". Even at the original pitch, it was clear that Peter's goals were ambitious and reaching them would be a difficult task. The fact that they did not deliver (yet) on some features is something you could expect, and is absolutely no reason to sue them or demand refunds. Especially since they are still working on it. That being said... 22Cans did make some decisions that are inexcusable in my opinion. Mainly there mobile focus for the first two years. (Whether they are truly committed to PC now remains to be seen). The game turned into a freemium game, and that is a pretty disgraceful if you ask me. The thing I'm 'angry' about are not the lack of promised features, but the fact that this game is simply not a PC-game. I really don't care if design changes along the way, especially if some goals seem impossible. But they completely ignored their core audience, and made a mobile-focused freemium game. That combined with the fact that communications have been awful over the years (I do want to say that this has massively improved, so props to that), it is no surprise that community lost faith. If 22Cans can turn this game into a 'good' game, then I will be satisfied. Again, I don't care about kickstarter goals, design can change along the way, this happens all the time. But right now, this game is nothing but a faded shadow of what it ought to be. As long as they're still working on it, I still have hopes that they intend to actually make this a decent game.
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sjoerd93
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Post by sjoerd93 on Mar 3, 2015 12:26:05 GMT
The reason why I may be a bit pedantic about those deadlines, is because you (or OP) is talking about a formal complaint. The fact that Molyneux missed the deadlines by far, is simply not a big enough reason to file a claim. You can't sue a company (or demand a refund) because they don't meet their kickstarter deadlines, in that case you could sue pretty much all (gaming) companies on kickstarter.
If you want to force a refund, you should have concrete evidence that this whole thing was fraudulent from the beginning. And I'm sorry to say this, but there is no hard evidence on this. As far as formal evidence goes, 22Cans simply missed the deadlines and are still working on it. That 22Cans lied to us during the pitch is an assumption, there is no hard evidence for this. The only concrete thing is Peter saying 'Christ, we've only got 10 days to go and we've got to make £100,000, for f**k's sake, lets just say anything'. We can assume that the last two weeks of the kickstarter may be tainted by purposely overambitious promises, but that is all (and even that is still just an assumption). That Godus was going to be a full PC-focused game, was promised from day one.
There is absolutely no evidence that 22Cans wanted this to be a freemium mobile game from the start. I understand that people assume this, but it won't hold up in court. As far as technicality goes, 22Cans is simply massively behind on their deadlines. They're still visibly working on the project. Demanding a refund simply because you 'feel' that they won't be able to meet their goals is really tricky, and I suspect pointless. Especially if it's a kickstarter, where risks are always involved.
Demanding a refund because not all kickstarter goals will make it according to the current designer, is equally tricky. There is simply no formal evidence that some features were never meant to be in the game. Having a hunch that this is the case, is not a really strong argument for an official refund. (I understand why people want it. Just talking about technicallity here).
I'm not trying to excuse 22Cans from their actions. I'm just saying that there's little ground for this case to stand on.
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Post by Qetesh on Mar 3, 2015 12:45:09 GMT
If they want to apply,they should apply. It will at least send a clear message it is not okay to lie your backers in any way.
This is not about deadlines, this is about deception. If you were an Alpha backer, you would know, we were directly lied to several times about Godus being any type of F2p in the beginning. If you love it as is, then you like F2p. I don't and many others don't and I NEVER would have backed one. PM knew this, so he was not honest about the game and so he deceived us to get our money, blew us off half the time and insulted us.
I would say a refund should be a no brainer. I have been waiting, but all I still see is a watered down F2p. There is no excuse for that and PM deserves what ever happens if he does not stop taking Godus resources and using it on his new game while still failing to complete half of his KS promises.
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Post by hardly on Mar 3, 2015 17:11:04 GMT
In terms of the time delays it's not going to be simple in terms of when a delay is too long. If I say I'm going to produce something in five days and it takes six you can hardly ask for refund. The interesting thing with GODUS is its massively behind schedule (multiple times initial estimate) plus there is no ETA on completion. Would see that this is the basis for a refund?
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Post by hardly on Mar 3, 2015 17:14:37 GMT
I'm no lawyer but I think if a kickstarter backer took 22cans to court for a refund they would work.
In New Zealand we have a "Small Claims Tribunal" where you can take these types of consumer cases under $5000k and get a relatively cost free resolution ($50). Is there something similar in the UK you could use? It would really piss 22cans off if they started getting lots of small appeals to these types of bodies becuase they would have to defend each one in person and write responses.
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Post by rubgish on Mar 3, 2015 17:36:48 GMT
You are only going to get a refund in this kind of way if 22cans has broken any contractual obligations. Considering the following kickstarter terms and conds: - Project Creators are required to fulfill all rewards of their successful fundraising campaigns or refund any Backer whose reward they do not or cannot fulfill.
- Project Creators agree to make a good faith attempt to fulfill each reward by its Estimated Delivery Date.
I don't really think that legally you have a leg to stand on in terms of refunds. So long as 22cans continues to state that all rewards* will be fulfilled eventually, they aren't doing anything legally wrong. *note this is specific to rewards. The actual text about the game itself isn't contractually binding in the slightest. Unless you can prove that they deliberately lied to obtain money (which you realistically can't), then you aren't getting anywhere. Essentially the most important lesson to learn here is that if you are going to back something on kickstarter, make sure it's money you don't need and won't be too upset if you get nothing from it.
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Post by Deleted on Mar 3, 2015 17:54:14 GMT
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Post by mindless on Mar 3, 2015 18:08:50 GMT
You are only going to get a refund in this kind of way if 22cans has broken any contractual obligations. Considering the following kickstarter terms and conds: - Project Creators are required to fulfill all rewards of their successful fundraising campaigns or refund any Backer whose reward they do not or cannot fulfill.
The linux stretch goal is something that was promised, and has not been delivered. And can not be delivered until the marmalade middle ware software is coded to support it. With no known date for when (or even if) this is to occur, you have ample right to claim a refund on that issue alone.
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Post by hardly on Mar 3, 2015 20:08:47 GMT
I don't think peter would agree that his nine months comment in that interview was an estimate of when GODUS will be feature complete. It could be if they push it out the door on technicalities but it seems impossible Hubworld would be done by then and the game tested to the point it can be declared 1.0.
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Post by Deleted on Mar 3, 2015 20:23:19 GMT
I don't think peter would agree that his nine months comment in that interview was an estimate of when GODUS will be feature complete. It could be if they push it out the door on technicalities but it seems impossible Hubworld would be done by then and the game tested to the point it can be declared 1.0. Of course he wouldn't ...
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Post by muumipeikko on Mar 4, 2015 14:57:10 GMT
This old chestnut.
All the rewards/investor tiers, forget them. In English law the contract you agreed was simple. You GAVE them money, you didn't invest and you didn't buy anything, you gave them your money. In return for your generosity they agreed if the kickstarter was successful they would give you some things back. The problem is it's not like walking into cup cake shop and ordering 30 cup cakes for a birthday next month. This was much more a kin to you giving your friend a few £100 to start a cup cake business and her saying, When we are successful, you're going to get free cup cakes for life.
Your other problem is their are 4 parties in this, your bank/credit card, kickstarter, you and 22Cans. Now 22Can's is irrelevant to you claim because the problem is not this project but all projects in general. It's though crowdfunding could raise over $100 billion by 2025 which is great but we know a lot of projects fail. If we take a very small number 10% of funded projects fail, that means someone is left with a bill of $10 billion/year. We assume the failures don't have the money left to repay as they failed (even if x% like 22cans do that still leave a majority who don't), so either your bank, KS or you need to take the loss. Believe it or not, KS and your bank have no interest in taking this loss/risk and will work hard together to move it back to you who has already absolved them of all liability as part of the T&C at sign-up...
The reality is you probably lost £100 or less, Peter has totally screwed up the latter part of his career. Everyone he screwed bough into his vision blind based solely on his name. That isn't going to happen again. He could release the next angry birds and I still wouldn't download it.
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Post by Deleted on Mar 9, 2015 12:27:06 GMT
This old chestnut. The reality is you probably lost £100 or less, Peter has totally screwed up the latter part of his career. Everyone he screwed bough into his vision blind based solely on his name. That isn't going to happen again. He could release the next angry birds and I still wouldn't download it. I don't think that he screwed up the latter part of his career. And I don't think that he cares about you or me downloading his next mobile game. We had 17K Kickstarter Backers, i don't know how much SEA buyers Godus had but let's say there were 1 million people buying the game on SEA (i think it's an absurdly high estimation, but doesn't matter). Now put 1 Million PC Gamers that had a problem with him because of his overpromising in the past.
That's 2.017.000 People. But even if you take 10 million and assuming that all of them wouldn't download his games anymore - even then it's only a small fraction of the mobile market he is aiming with his games. Let "The Trail" be a success he will be the hero in gamedevelopment again, telling everybody how to make much money with visions and creativity. We will see him on every stage on every gamedev event/convention telling everybody how he managed to make this great success happen even with some stupid kickstarter backers not able to see what a good game looks like.
Everyone will say "Molyneux did it." 22cans is now the next King or Zynga. Nobody will care about a few 17K people he screwed a view years ago.
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Lord Ba'al
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Post by Lord Ba'al on Mar 9, 2015 19:40:15 GMT
This old chestnut. The reality is you probably lost £100 or less, Peter has totally screwed up the latter part of his career. Everyone he screwed bough into his vision blind based solely on his name. That isn't going to happen again. He could release the next angry birds and I still wouldn't download it. I don't think that he screwed up the latter part of his career. And I don't think that he cares about you or me downloading his next mobile game. We had 17K Kickstarter Backers, i don't know how much SEA buyers Godus had but let's say there were 1 million people buying the game on SEA (i think it's an absurdly high estimation, but doesn't matter). Now put 1 Million PC Gamers that had a problem with him because of his overpromising in the past.
That's 2.017.000 People. But even if you take 10 million and assuming that all of them wouldn't download his games anymore - even then it's only a small fraction of the mobile market he is aiming with his games. Let "The Trail" be a success he will be the hero in gamedevelopment again, telling everybody how to make much money with visions and creativity. We will see him on every stage on every gamedev event/convention telling everybody how he managed to make this great success happen even with some stupid kickstarter backers not able to see what a good game looks like.
Everyone will say "Molyneux did it." 22cans is now the next King or Zynga. Nobody will care about a few 17K people he screwed a view years ago.
We must persevere and keep trying to keep the record straight.
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Post by hardly on Mar 10, 2015 0:15:12 GMT
There is some logic to what you say Sundance, even if we include 10s Of millions of people based on the numbers who might have read the various articles this is still a fraction of the human population. If peters plan is to sell smart phone games, something I expect him to stick to from now on, I don't think the GODUS debacle will hinder him much in that regard.
However, peter tapped the PC audience for a reason, he had a name there and that got him resources he could not otherwise get. I would say a significant portion of the people who knew peter Molyneux and would buy a game based on name recognition have been burnt by GODUS. Equally many publishers would be warned by this debacle and therefore less likely to invest in a future project.
So in summary I think you are right, there is always another sucker, but I think peter will have a much harder time producing the trail without the PC support he enjoyed on GODUS. Having said that he is probably still diverting financial resources from mobile GODUS to fund the trail so my point may be irrelevant.
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