Howdy, Stranger!

It looks like you're new here. If you want to get involved, click one of these buttons!

Smart Enlists Legal Team, Threatens Class-Action Lawsuit | Star Citizen | MMORPG.com

1356789

Comments

  • MadFrenchieMadFrenchie Member LegendaryPosts: 8,505
    edited August 2015
    Regardless of how this suit goes, there's an eerie feeling I get now when I think of Star Citizen..  And this fiasco will contribute to the situation no matter how it ends..


    The hype, the anticipation, the anxiety, and the publicity surrounding Star Citizen leaves Roberts in a (damn near) no-win situation.  He literally has to deliver arguably the greatest game ever released, or the internet is going to make memes and jokes out of his entire endeavor.  They've just taken so much money and created so much hype; this entire event is only adding fuel to a potential fire.

    He has to revolutionize gaming or damn near go down as a fraud.

    image
  • ThourneThourne Member RarePosts: 757
    Regardless of how this suit goes, there's an eerie feeling I get now when I think of Star Citizen..  And this fiasco will contribute to the situation no matter how it ends..


    The hype, the anticipation, the anxiety, and the publicity surrounding Star Citizen leaves Roberts in a (damn near) no-win situation.  He literally has to deliver arguably the greatest game ever released, or the internet is going to make memes and jokes out of his entire endeavor.  They've just taken so much money and created so much hype; this entire event is only adding fuel to a potential fire.

    He has to revolutionize gaming or damn near go down as a fraud.
    To be perfectly honest I don't actually think most people give 1 f**k about what is going on with this. 

    It is like an echo chamber on this and a few other sites with few actual unique posters, not to mention that most of the people who actually have funded this probably don't even get any news from outside sites other than RSI.

    I am an early backer, and just as with any other game I have no problem just waiting for it to be done. When it is done I'll judge it.

  • MadFrenchieMadFrenchie Member LegendaryPosts: 8,505
    Thourne said:
    Regardless of how this suit goes, there's an eerie feeling I get now when I think of Star Citizen..  And this fiasco will contribute to the situation no matter how it ends..


    The hype, the anticipation, the anxiety, and the publicity surrounding Star Citizen leaves Roberts in a (damn near) no-win situation.  He literally has to deliver arguably the greatest game ever released, or the internet is going to make memes and jokes out of his entire endeavor.  They've just taken so much money and created so much hype; this entire event is only adding fuel to a potential fire.

    He has to revolutionize gaming or damn near go down as a fraud.
    To be perfectly honest I don't actually think most people give 1 f**k about what is going on with this. 

    It is like an echo chamber on this and a few other sites with few actual unique posters, not to mention that most of the people who actually have funded this probably don't even get any news from outside sites other than RSI.

    I am an early backer, and just as with any other game I have no problem just waiting for it to be done. When it is done I'll judge it.

    This instance will just be ammunition for the cannons if the game is anything less than revolutionary.

    Selling aircraft for hundreds of dollars, all the press they get for the amount of money they've received from crowdfunding..  Just look at the hate any given MMORPG gets upon release that isn't taking hundreds and thousands of dollars from players over the course of years..  Games like ESO.  Even if the game is not awful, but it just wasn't what was initially anticipated..  People flip out, people all over the web complain and doomcall.  Now, imagine that, except those folks who aren't satisfied (may) have contributed as much as a grand or more to the development of the game...  Now, imagine that there's so many of these folks that (in total), they can claim to have personally and collectively contributed millions to the games development..  Now, imagine the salty on a instant-massive-heart-attack-inducing-scale.

    image
  • laseritlaserit Member LegendaryPosts: 7,591
    Thourne said:
    Regardless of how this suit goes, there's an eerie feeling I get now when I think of Star Citizen..  And this fiasco will contribute to the situation no matter how it ends..


    The hype, the anticipation, the anxiety, and the publicity surrounding Star Citizen leaves Roberts in a (damn near) no-win situation.  He literally has to deliver arguably the greatest game ever released, or the internet is going to make memes and jokes out of his entire endeavor.  They've just taken so much money and created so much hype; this entire event is only adding fuel to a potential fire.

    He has to revolutionize gaming or damn near go down as a fraud.
    To be perfectly honest I don't actually think most people give 1 f**k about what is going on with this. 

    It is like an echo chamber on this and a few other sites with few actual unique posters, not to mention that most of the people who actually have funded this probably don't even get any news from outside sites other than RSI.

    I am an early backer, and just as with any other game I have no problem just waiting for it to be done. When it is done I'll judge it.

    This instance will just be ammunition for the cannons if the game is anything less than revolutionary.

    Selling aircraft for hundreds of dollars, all the press they get for the amount of money they've received from crowdfunding..  Just look at the hate any given MMORPG gets upon release that isn't taking hundreds and thousands of dollars from players over the course of years..  Games like ESO.  Even if the game is not awful, but it just wasn't what was initially anticipated..  People flip out, people all over the web complain and doomcall.  Now, imagine that, except those folks who aren't satisfied (may) have contributed as much as a grand or more to the development of the game...  Now, imagine that there's so many of these folks that (in total), they can claim to have personally and collectively contributed millions to the games development..  Now, imagine the salty on a instant-massive-heart-attack-inducing-scale.

    You'll just have to come to terms that: It's not really such a big deal to most of the video game buying population.

    And no... I don't have any data to back this up ;)


    "Be water my friend" - Bruce Lee

  • Slapshot1188Slapshot1188 Member LegendaryPosts: 17,653
    Shouldn't Derek Smart be focused on creating his own, working and functional game?

    All time classic  MY NEW FAVORITE POST!  (Keep laying those bricks)

    "I should point out that no other company has shipped out a beta on a disc before this." - Official Mortal Online Lead Community Moderator

    Proudly wearing the Harbinger badge since Dec 23, 2017. 

    Coined the phrase "Role-Playing a Development Team" January 2018

    "Oddly Slap is the main reason I stay in these forums." - Mystichaze April 9th 2018

  • MadFrenchieMadFrenchie Member LegendaryPosts: 8,505
    laserit said:
    Thourne said:
    Regardless of how this suit goes, there's an eerie feeling I get now when I think of Star Citizen..  And this fiasco will contribute to the situation no matter how it ends..


    The hype, the anticipation, the anxiety, and the publicity surrounding Star Citizen leaves Roberts in a (damn near) no-win situation.  He literally has to deliver arguably the greatest game ever released, or the internet is going to make memes and jokes out of his entire endeavor.  They've just taken so much money and created so much hype; this entire event is only adding fuel to a potential fire.

    He has to revolutionize gaming or damn near go down as a fraud.
    To be perfectly honest I don't actually think most people give 1 f**k about what is going on with this. 

    It is like an echo chamber on this and a few other sites with few actual unique posters, not to mention that most of the people who actually have funded this probably don't even get any news from outside sites other than RSI.

    I am an early backer, and just as with any other game I have no problem just waiting for it to be done. When it is done I'll judge it.

    This instance will just be ammunition for the cannons if the game is anything less than revolutionary.

    Selling aircraft for hundreds of dollars, all the press they get for the amount of money they've received from crowdfunding..  Just look at the hate any given MMORPG gets upon release that isn't taking hundreds and thousands of dollars from players over the course of years..  Games like ESO.  Even if the game is not awful, but it just wasn't what was initially anticipated..  People flip out, people all over the web complain and doomcall.  Now, imagine that, except those folks who aren't satisfied (may) have contributed as much as a grand or more to the development of the game...  Now, imagine that there's so many of these folks that (in total), they can claim to have personally and collectively contributed millions to the games development..  Now, imagine the salty on a instant-massive-heart-attack-inducing-scale.

    You'll just have to come to terms that: It's not really such a big deal to most of the video game buying population.

    And no... I don't have any data to back this up ;)


    Anecdotal evidence, to me, seems to indicate that anything less than the perfect game will cause a shitstorm of epic proportions.  One can look to the reactions of other crowdfunded games that didn't deliver everything they promised and then some, then just multiply by the cash taken in for SC compared to those titles.

    As for how much this event will play into the whole thing (if/when it happens)?  I'm not sure, but I highly doubt it will be forgotten for long if the outrage starts.

    That said, don't get me wrong, I have no vested interest either way.  I just see all this coverage, the record amount of money taken directly from gamers, and the evolution of the project...  And I see the butthurt potential building to unseen levels.

    image
  • MargraveMargrave Member RarePosts: 1,371
    The more this happens, the more I'm determined I will NEVER play ANYTHING that this Smart idiot is a part of. He joins the ranks of Brad McQuaid, and John Smedley. Now there are three. A trifecta of 'never play anything of theirs' names.
  • HorusraHorusra Member EpicPosts: 4,411
    Shouldn't Derek Smart be focused on creating his own, working and functional game?

    Don't you know...if you can not create your job is just to destroy.
  • azarhalazarhal Member RarePosts: 1,402
    He isn't a baker anymore (he was refunded), can he even start a class action lawsuit on the behalf of the bakers who haven't asked for it?

    This is going exactly where I though it was going to go though, Derek is going to try to sink the game via lawsuits so the company run out of money and can't complete it anymore. So freaking pathetic.
  • HatefullHatefull Member EpicPosts: 2,503
    Chris Roberts pioneered an entire genre of gaming, developed a series of games that went on to make PC gaming history, and is widely considered to be a god among mere mortals within the industry.

    Derek Smart has never accomplished anything noteworthy in the gaming industry. His worklist is entirely comprised of mediocre games and his "reputation" stems from his history of trolling and acting like a general douchebag whenever he feels it suits him.

    Sometimes it is best not to bite off more than you can chew, and we all know Derek has a very big mouth that loves to run off whenever the chance presents itself, but this latest desperate attempt to try and remain even somewhat relevant is just sad and pathetic.

    RSI's legal team will shit all over this clown.
    ^  This, yes.  Derek should just change his name to The Moron, it's far more fitting and is very descriptive of everything he has accomplished.

    If you want a new idea, go read an old book.

    In order to be insulted, I must first value your opinion.

  • WolfClawsWolfClaws Member UncommonPosts: 638
    edited August 2015
    As ridiculous as this sounds... I am going to laugh my ass off if Smart wins... as it will set precedent.

     "You've instead attempted to ban Derek Smart and others that have expressed concerns over the game's development and who have sought accountability from You. You have instead canceled his account and others, presumably to silence dissent."


     I cannot count the number of times I have seen this happen in AAA games, and if Smart wins.... The ENTIRE gaming industry will feel this pain. What a moron to have such a hard on against Star Citizen..... just leave it be and make your own damn game. Just revamp what you tried to put out 20 years ago with today's technology.... just like Chris Roberts!
  • muppetpilotmuppetpilot Member UncommonPosts: 171
    The amount of moaning and arguing and posturing going on over a game that is nowhere near release just never ceases to amaze me.  Considering the state of today's game industry, it is even possible that SC will never release.  Or, it could be a big hit.  Bottom line is, nobody knows, and yet there are countless forum pages devoted to arguments/threats/general idiocy concerning something that nobody has ever played......Lol.

    That being said: haven't they offered refunds to basically anyone who wants one?  And they probably should, since this thing has been in the works for years.....I mean I look at Grim Dawn, and I see some similarities, except for the fact that you can actually play GD.  Still, though, haven't the SC folks given money back to whomever has asked for it?  AFAIK, they have not given anyone any grief over that.  So, why would Smart even do this?  Wasn't there some big article about how they refunded all of his backer money?  What kind of skin can he possibly have in the game?  Yeah he may have a point, but if he got a refund, why bother?

    I'm sorry but all of this is just beyond ridiculous, the game doesn't even exist, at least not in playable terms, why doesn't Smart just go develop some other game and the SC backers just wait for the game's actual release to sing its praises, omfg

    "Why would I want to loose a religion upon my people? Religions wreck from within - Empires and individuals alike! It's all the same." - God Emperor of Dune

  • RPGMASTERGAMERRPGMASTERGAMER Member UncommonPosts: 516
    sorry my english realy bad but plz read my dad a advocate and he got about 30 people working for him ( well know place ) in my country, he looked at it and read everything because i asked him and he told me derek ''smart'' can do harm to the kickstarter game and use various legal law, if smart got a good firm they can do alot because the game failed at some legal part and kickstarter game are something new where good firm can break and change the view of some law ( depent where they start it ) so yes it can be very negative to the game star citizen if the firm he hired are not bad and honesly im following the game since many year, and it would be nice to know why the game got such a big delay and where all the money got placed, also allow a refund for people who ask for it would be mandatatory to me honestly. we will see how it end, but dont think right away he cant do anything with it legaly vs star citizen
  • WahrHeitWahrHeit Member UncommonPosts: 57
  • thunderclesthundercles Member UncommonPosts: 510
    azarhal said:
    He isn't a baker anymore (he was refunded), can he even start a class action lawsuit on the behalf of the bakers who haven't asked for it?

    This is going exactly where I though it was going to go though, Derek is going to try to sink the game via lawsuits so the company run out of money and can't complete it anymore. So freaking pathetic.
    He can, class actions have people who are called class represantives that give testimony about the case. Derek can just get people to be class represantives to give statements.
  • SavageHorizonSavageHorizon Member EpicPosts: 3,480
    Deasant said:
     If they do not want to/ can not do this, then there really is an issue, and the lawsuit will go forward.
    Key part being if they cannot provide refunds. If they cannot, then this suit will start the end of RSI and SC.

    If they still have cash, and can provide refunds when asked even though they do not legally have to, this suit is a non-issue.

    And we should stop giving Derek Smart a platform on this site. Seeing as I can't even speak out about games that I have actually purchased and played without being censored and banned on this site! That's far more than can be said about D Smart who gets to rant about a game no one has played and he has been refunded for.And who are you to dictate how this site is run? If you don't like it then leave, it aint rocket science. If anything it's all you bed buddies of CR that have obbsesed about Mr Smart over the last month, blame yourselves.




  • RealizerRealizer Member RarePosts: 724
      It's quite sad to see this still going, obviously Smart is grasping at what little he can. He can try and persuade people with his run around articles where he post "links" of relevance (laughable). This is a man who is jealous in every sense of the word that non of his tiny bugged to death space sims, ever made any where near $65 million dollars. Let alone that number before a launch, he's mad he didn't have the prestige or the idea in the first place.

      So here he is trying to derail SC anyway he can, he's hoping now that Roberts will just settle out of court, this way Smart can get a nice little chunk of that crowdfunded pie he craves so bad. I hope Roberts doesn't give him a dime, maybe that motivation will allow him to figure things out and use his gift of gab for possibly developing something worth playing, instead of being a courtroom bandit. 
  • Superman0XSuperman0X Member RarePosts: 2,292
    azarhal said:
    He isn't a baker anymore (he was refunded), can he even start a class action lawsuit on the behalf of the bakers who haven't asked for it?

    This is going exactly where I though it was going to go though, Derek is going to try to sink the game via lawsuits so the company run out of money and can't complete it anymore. So freaking pathetic.
    He has stated (in the legal complaint provided) that he did not receive either the refund or the items promised. If this is correct, then he is still a backer, who has not gotten anything, and can start a lawsuit to get something. 
  • bcbullybcbully Member EpicPosts: 11,843
    I'd call it less a shot across the bow and more a volley of torpedoes headed straight at the ship. Do nothing and you get hit.
    Someone has been playing World of Warships  ;)
  • bcbullybcbully Member EpicPosts: 11,843

    Reklaw said:
    The facts are as follows. In or about October, 2012, You launched a crowd-funding campaign to raise money from consumers purportedly to produce the Star Citizen video game. In connection with the crowd-funding campaign, You represented that You would deliver the game the consumers expected. Where Derek Smart is concerned, You promised a reward of a finished game for PC with top-of-the-line RSI Constellation spaceship ready to fly + 10,000 Galactic Credits + Exclusive access to the Alpha and Beta + Spaceship shaped USB stick with the game and all digital elements + CD of game soundtrack + Fold-up glossy full color map of the game universe + Set of 5 Ship blueprints + 3-inch physical model of your in-game ship +Hardcover copy of 'The Making of Star Citizen' including loads of behind the scenes images and info, prelim concept art, development stories + Silver Citizens Card. Derek Smart continues to await these deliverables, having only received the Silver Citizens Card to date. Further, You represented that You would provide regular updates about the progress of the game, and that You would "show and tell" each milestone. You represented that the consumers' voices would be heard. And that You would treat consumers with "the respect [they] deserve" rather than spending money on public relations. Thereafter, You raised over $2,000,000.00 on Kickstarter alone. Instead of producing the game or providing the reward deliverables to consumers, however, You instead resumed the funding campaign on Your Roberts Space Industries website, while significantly increasing the scope of the game, engaging in various expenditures – including public relations and various worldwide media events, personal expenditures - which are not attributed to the game’s material development. https://dl.dropboxusercontent.com/u/4497650/dsmart_demand_letter_to_rsi-final.pdf

    Maybe I am not reading it right....but weren't those items meant as rewards for when the game would be finished and released?
    I have seen/read that stretch goals gave out rewards of ingame items, but apart from the exclusive alpha/beta acces in above copy-paste everything else just seems release day items/rewards......


    Overall intrested in how it will work out for DS, he must really feel confident to pursue this for his 250$ into SC. Though do agree with certain things as the game has too little to show , reading the stretch goals page: https://robertsspaceindustries.com/funding-goals there should be allot of gameplay already but isn't made public? as in actually gameplay video's and most what is might aswell be small tech demo's.




    Wow they promised all of that..Lots of physical stuff.
  • The user and all related content has been deleted.

    image

    Somebody, somewhere has better skills as you have, more experience as you have, is smarter than you, has more friends as you do and can stay online longer. Just pray he's not out to get you.
  • AethaerynAethaeryn Member RarePosts: 3,150
    I bet there are a few people out there that got carried away and have buyers remorse.  If they can get refunds that will put a ding in RSI but I don't think it would be crippling.

    Wa min God! Se æx on min heafod is!

  • RolanStormRolanStorm Member UncommonPosts: 198
    edited August 2015
    Actually bastard reaping off backers by aiming at StarCitizen. Thing is - while I can't be sure, but that's just common sense - the money that Roberts will pay lawyers to resolve the issue will be taken from crowdfunding pool.
  • JasticusJasticus Member CommonPosts: 4
    Distopia said:
    Distopia said:
    Derek Smart is claiming that they promised to refund his money, but then did not. It this is an accurate claim, it is a very legitimate reason for a lawsuit. If he can show that this is a pattern, then it is a very legitimate reason for a class action suit. The simple defense is to provide anyone promised a refund their money, and show this to the courts. If they do not want to/ can not do this, then there really is an issue, and the lawsuit will go forward.
    I thought he himself said they gave him his money back, as that was in his own words... their answer to his original accusations/demands. Hell it was a major news story all over gaming sites at the time...
    He is making a legal claim otherwise (as stated in the documents served). He is now stating that they promised to refund him, but did not. I am sure that as a legal basis, it has to be verifiable either way. I would expect RSI to clear this up pretty quick.
    Yeah just read it myself, their (RSI) statements on the matter are every where on the net (We refunded DS)... so if what he says is true, that will not look good.
    It is important to remember, that this is the only actual issue here. Derek has made the following claims:

    1. You took my money.
    2. You didnt deliver as promised.
    3. You didnt give my money back.

    If they can show that #3 was done (money refunded), then #2 is a mute point (unless he can prove gross fraud, which would require internal documents showing the intent to mislead). The whole bulk of the letter, and the public drama is about #2, which is only ever an issue, if they refuse #3.
    PCGamer ran an article about Mr. Smart's post about his refund - linking to his blog where he clearly states he was getting one. https://dl.dropboxusercontent.com/u/4497650/star-citizen-refund.jpg and https://dl.dropboxusercontent.com/u/4497650/star-citizen-refund-rsi.jpg are what he offered to the public. Now he claims he didn't get a refund. They claim to have sent him a check sometime around the 15th of July. He could claim that he 'never got a refund', but knowing Mr. Smart and his track record, he would likely just sit on the check and never deposit/cash it just so he can cause more trouble and claim that he 'never got a refund'. Trolling 101.
  • WizardryWizardry Member LegendaryPosts: 19,332
    Yes let's see how this one ends for him. As to what i have read, RSI have several different law farms working for them on 3 different countries, let's see how derek "moron" smart competes against them.
    Would that not be proof funded money is NOT going where it is suppose to be going?How much legal protection do you need if your on the up and up?

    We SHOULD already realize they were and likely still are operating out of at least 3 different areas to which Chris i am sure was flying around via expensive jets.Instead of building the ships within he outsourced but i guess that has positives and negatives either way.
    I am sure Chris's family makes 3-5x what he would pay anyone else in the same positions.

    I am sure there is a lot bigger laundry list of money spent/wasted that is not going to the game.

    Does Derek have a snowball's chance,not even 1%,maybe 0.5%.Now this is perhaps why CSI got rid of Derek he is no longer a customer ,they were covering their tracks.You cannot bring about a lawsuit that does not involve yourself unless it is on behalf of a customer or breaks government law.

    If there were ANY laws to be broken they would have started with Kickstarter as they basically have almost no guidelines and no responsibility to customers.I call funder's customers because they would likely have given 50+% less if they did not receive something in return.
    Make no mistake about it,separating ships into a crowd funding package does not matter,they are SELLING the game,ships and crowd funding has nothing without the game they are a WHOLE entity.

    Never forget 3 mile Island and never trust a government official or company spokesman.

Sign In or Register to comment.