Chronicles of Elyria Lawsuit Files Complaint | MMORPG.com

System · February 2021

Chronicles of Elyria Lawsuit Files Complaint | MMORPG.com

In the latest update in the ongoing Chronicles of Elyria lawsuit, a complaint has now been filed with the District Court.

Read the full story here

Wizardry · February 2021

This just sounds like lol BS,they are hoping that Jeremy can't afford to fight these claims and just give up.

Breach of contract...lmao WHAT contract?
Consumer remedy act lmao ,there is NO consumer when giving donations

Unfair competition..i have not the foggiest clue how they could even come up with this.UNFAIR as in trying to thwart fair business from other studios in WHAT way?If this had ANY weight at all then ALL of the charities in existence could be sued for trying to get people to give them money instead of other charities.

EVERY single business in existence words their selling point in a way to promote their product,why would we expect it to be anything else?

Declatory bla bla...So they simply want a document to use as FACT to where BOTH parties stand which to me is to use in any future lawsuit as FACT.

It still sounds to me as it did from day 1,a BS lawsuit that will not win.I feel what the yare really after is a NOOB law firm that is looking for better answers on how to approach or fight this sort of ordeal in the future.

Wizardry · February 2021

This is in reality breaking new ground and all parties both prosecutors and defendants will be looking for actual answers so i guess i can't blame a greedy slimy lawfirm for trying to get a heads up as one of the first to tackle this FUTURE money grab.

Will this bring about change in how crowd funding operates,i doubt it,we have a ways to go and perhaps need some judges that have actually gamed and understand the whole landscape instead of 80 year old judges in gowns.

Iselin · February 2021

It'll be Xsolla left holding the bag not SBS. They're stuck with their own refunds are fine before the game is completed language.

SBS's pathetic attempt to now characterize the game as still in development despite having clearly said that it was over actually has no bearing on the Xsolla refund clause because the game had not been delivered when the refund claims were made.

Their only chance is if they somehow get the court to agree that the SBS no refunds policy supersedes the Xsolla language.

Slapshot1188 · February 2021

Wizardry said:

This just sounds like lol BS,they are hoping that Jeremy can't afford to fight these claims and just give up.

Breach of contract...lmao WHAT contract?

Consumer remedy act lmao ,there is NO consumer when giving donations

Unfair competition..i have not the foggiest clue how they could even come up with this.UNFAIR as in trying to thwart fair business from other studios in WHAT way?If this had ANY weight at all then ALL of the charities in existence could be sued for trying to get people to give them money instead of other charities.

EVERY single business in existence words their selling point in a way to promote their product,why would we expect it to be anything else?

Declatory bla bla...So they simply want a document to use as FACT to where BOTH parties stand which to me is to use in any future lawsuit as FACT.

It still sounds to me as it did from day 1,a BS lawsuit that will not win.I feel what the yare really after is a NOOB law firm that is looking for better answers on how to approach or fight this sort of ordeal in the future.

Here is a hint for you since you seemingly didn't read the lawsuit...
SBS said that the TOS of 3rd party companies over ruled their own
Xsolla's TOS said you could get refunds for pre-orders and non-delivered product

This has nothing do to with "ALL of the charities in existence"

Slapshot1188 · February 2021

Iselin said:

It'll be Xsolla left holding the bag not SBS. They're stuck with their own refunds are fine before the game is completed language.

SBS's pathetic attempt to now characterize the game as still in development despite having clearly said that it was over actually has no bearing on the Xsolla refund clause because the game had not been delivered when the refund claims were made.

Their only chance is if they somehow get the court to agree that the SBS no refunds policy supersedes the Xsolla language.

Well I think it's 100% clear that the Xsolla one rules because that is specifically written in the SBS one. But where I think they will try to weasel out is by saying SBS delivered something.

I think that will fail as well because even if they somehow claim that SBS delivered a form of CoE via their silly Discord chats and "Links of Elyria" events... the bulk of sales were for specific products. For instance: A boat, or Carriage... and none of that stuff was delivered via a Discord event...

vegetableoil · February 2021

Slapshot1188 said:

Iselin said:

It'll be Xsolla left holding the bag not SBS. They're stuck with their own refunds are fine before the game is completed language.

SBS's pathetic attempt to now characterize the game as still in development despite having clearly said that it was over actually has no bearing on the Xsolla refund clause because the game had not been delivered when the refund claims were made.

Their only chance is if they somehow get the court to agree that the SBS no refunds policy supersedes the Xsolla language.

Well I think it's 100% clear that the Xsolla one rules because that is specifically written in the SBS one. But where I think they will try to weasel out is by saying SBS delivered something.

I think that will fail as well because even if they somehow claim that SBS delivered a form of CoE via their silly Discord chats and "Links of Elyria" events... the bulk of sales were for specific products. For instance: A boat, or Carriage... and none of that stuff was delivered via a Discord event...

their biggest problem is selling "lands" and "titles" they are not delivered, because the game doesn't exist. if it was just kickstarter then he can wiggle through failed "donation".

Slapshot1188 · February 2021

vegetableoil said:

Slapshot1188 said:

Iselin said:

It'll be Xsolla left holding the bag not SBS. They're stuck with their own refunds are fine before the game is completed language.

SBS's pathetic attempt to now characterize the game as still in development despite having clearly said that it was over actually has no bearing on the Xsolla refund clause because the game had not been delivered when the refund claims were made.

Their only chance is if they somehow get the court to agree that the SBS no refunds policy supersedes the Xsolla language.

Well I think it's 100% clear that the Xsolla one rules because that is specifically written in the SBS one. But where I think they will try to weasel out is by saying SBS delivered something.

I think that will fail as well because even if they somehow claim that SBS delivered a form of CoE via their silly Discord chats and "Links of Elyria" events... the bulk of sales were for specific products. For instance: A boat, or Carriage... and none of that stuff was delivered via a Discord event...

their biggest problem is selling "lands" and "titles" they are not delivered, because the game doesn't exist. if it was just kickstarter then he can wiggle through failed "donation".

Maybe. It will be interesting to see what path they take. That's for sure.

If it were me I think I would try to argue that CoE was bigger than just a pure piece of software and that those titles were delivered in a manner because they existed on the website and through the Discords via Roleplaying. Not saying that is a winning argument... but if I were defending the case I would ask the Plaintiff who spent $20k on the game... "Did anyone refer to you as a Baron, Count, Duke, King... or similar title on the forums or in any third party interface such as Discord?" "And if so, was that due to the title you purchased?"

Sandmanjw · February 2021

I think that the main question to be answered is will Xsolla have any responsibility or duties to be a party to this.

If they can argue that they just provided a service to COE and they can skip out...then no one will get anything other than the lawyers in the end.

Did not read the lawsuit...but that would be my strategy if i was Xsolla. I was hired to do a service, did the service, and was paid...any and all responsibilities for main product IE: COE is not on us.

cmacq · February 2021

I do agree with @Wizardy on one thing (which is very rare for me btw). This case does have the potential to set precedence. Are these kinds of schemes legal if ....... fill in the blanks. This guy getting away with 8 million bones doesn't seem right that's for sure.

Nilden · February 2021

con man

/ˈkän man/

noun

INFORMAL

noun: conman

a man who cheats or tricks someone by gaining their trust and persuading them to believe something that is not true.

Scot · February 2021

The biggest story of CF MMOs in 2021 is a lawsuit. Sigh.

Akulas · February 2021

Should just totally ignore this title and not comment or acknowledge it in any way. That's the best thing for it.

Gobstopper3D · February 2021

People are free to do what they want with their money. I just don't want to hear any complaining when they don't get what they were promised. There are far too many cautionary tales out there about crowdfunding. You probably have a better chance of striking it big in Vegas then crowdfunding a successful game.

cheyane · February 2021

Iselin said:

It'll be Xsolla left holding the bag not SBS. They're stuck with their own refunds are fine before the game is completed language.

SBS's pathetic attempt to now characterize the game as still in development despite having clearly said that it was over actually has no bearing on the Xsolla refund clause because the game had not been delivered when the refund claims were made.

Their only chance is if they somehow get the court to agree that the SBS no refunds policy supersedes the Xsolla language.

Won't Xsolla have any remedy against SBS ?

niceguy3978 · February 2021

cheyane said:

Iselin said:

It'll be Xsolla left holding the bag not SBS. They're stuck with their own refunds are fine before the game is completed language.

SBS's pathetic attempt to now characterize the game as still in development despite having clearly said that it was over actually has no bearing on the Xsolla refund clause because the game had not been delivered when the refund claims were made.

Their only chance is if they somehow get the court to agree that the SBS no refunds policy supersedes the Xsolla language.

Won't Xsolla have any remedy against SBS ?

Probably, but the reason why Xsolla would be the one holding the bag is that they are likely the only ones with money.

Slapshot1188 · February 2021

cheyane said:

Iselin said:

It'll be Xsolla left holding the bag not SBS. They're stuck with their own refunds are fine before the game is completed language.

SBS's pathetic attempt to now characterize the game as still in development despite having clearly said that it was over actually has no bearing on the Xsolla refund clause because the game had not been delivered when the refund claims were made.

Their only chance is if they somehow get the court to agree that the SBS no refunds policy supersedes the Xsolla language.

Won't Xsolla have any remedy against SBS ?

How do you kill that which is dead?

bwwianakiev · February 2021

I watched gameplay of this piece of garbage. Looked like it was being made for the PS2.

Linif · February 2021

Scot said:

The biggest story of CF MMOs in 2021 is a lawsuit. Sigh.

Personally, I'm surprised it has taken this long.

Utinni · February 2021

Don't crowdfunding systems have disclaimers to prevent things like this? Can't believe people are so emotionally invested in a game that doesn't exist to a point where they'll file lawsuits. Hope you don't burn yourself on that next taco bell burrito you order bro!

KnightFalz · February 2021

Lawsuits can claim just about anything. If the case is resolved in court rather than settled outside of it the outcome and how that affects crowdfunding going forward could be quite interesting.

LeFantome · February 2021

Wizardry said:

This just sounds like lol BS,they are hoping that Jeremy can't afford to fight these claims and just give up.

Breach of contract...lmao WHAT contract?

Consumer remedy act lmao ,there is NO consumer when giving donations

Unfair competition..i have not the foggiest clue how they could even come up with this.UNFAIR as in trying to thwart fair business from other studios in WHAT way?If this had ANY weight at all then ALL of the charities in existence could be sued for trying to get people to give them money instead of other charities.

EVERY single business in existence words their selling point in a way to promote their product,why would we expect it to be anything else?

Declatory bla bla...So they simply want a document to use as FACT to where BOTH parties stand which to me is to use in any future lawsuit as FACT.

It still sounds to me as it did from day 1,a BS lawsuit that will not win.I feel what the yare really after is a NOOB law firm that is looking for better answers on how to approach or fight this sort of ordeal in the future.

You didn't read the lawsuit at all. I would suggest you get up to date about that one.

QQMorePlease · February 2021

Slapshot1188 said:

Iselin said:

It'll be Xsolla left holding the bag not SBS. They're stuck with their own refunds are fine before the game is completed language.

SBS's pathetic attempt to now characterize the game as still in development despite having clearly said that it was over actually has no bearing on the Xsolla refund clause because the game had not been delivered when the refund claims were made.

Their only chance is if they somehow get the court to agree that the SBS no refunds policy supersedes the Xsolla language.

Well I think it's 100% clear that the Xsolla one rules because that is specifically written in the SBS one. But where I think they will try to weasel out is by saying SBS delivered something.

I think that will fail as well because even if they somehow claim that SBS delivered a form of CoE via their silly Discord chats and "Links of Elyria" events... the bulk of sales were for specific products. For instance: A boat, or Carriage... and none of that stuff was delivered via a Discord event...

It was delivered via Imagination! Thats gota count for something right?

Slapshot1188 · February 2021

Utinni said:

Don't crowdfunding systems have disclaimers to prevent things like this? Can't believe people are so emotionally invested in a game that doesn't exist to a point where they'll file lawsuits. Hope you don't burn yourself on that next taco bell burrito you order bro!

You might want to read the lawsuit so you actually understand.

Theocritus · February 2021

As long as consumers blindly hand over money, you will have problems like this.

HolyAvengerOne · February 2021

/popcorn

At least we're getting some entertainment value, somehow, out of this shitshow.

Please don't call it "game" though, there was never a "game" proper there. Talk about Jeromy, SBS, the community, etc. But "game"? Lol!

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Chronicles of Elyria Lawsuit Files Complaint | MMORPG.com

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