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

SBFordSBFord Former Associate EditorMember LegendaryPosts: 33,129
edited August 2015 in News & Features Discussion

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

In the latest salvo fired across the bow of the Roberts Space Industries ship, Derek Smart has hired the legal firm of De La Pena & Holiday LLP that has sent a letter demanding, among other things, immediate refunds to all parties requesting them regardless of Terms of Service restriction, a forensic accounting of the fund-raising activities of RSI along with a completion date for Star Citizen. All these are demanded via the letter "to avoid legal action" on behalf of Derek Smart.

Read the full story here



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Comments

  • jesteralwaysjesteralways Member RarePosts: 2,560
    edited August 2015
    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.

    Boobs are LIFE, Boobs are LOVE, Boobs are JUSTICE, Boobs are mankind's HOPES and DREAMS. People who complain about boobs have lost their humanity.

  • tawesstawess Member EpicPosts: 4,227
    I think Buffy Summers said it best.. "Well.. I'm not exactly quaking in my stylish yet affordable boots" But seeing how he is no longer a customer of RSI a class-action suite is all he can do as far as i understand it.. But i am fairly sure that he is not dumb enough to do this unless he has some kind of legal leg to stand on. With that said he is quickly losing his entertainment value... But it will have to do for now.

    This have been a good conversation

  • trisoxtrisox Member UncommonPosts: 51
    Losing faith in humanity once more. How can a single individual be sooooo concerened about one single game or company without having financial interest in it? Simply not possible.
  • mazutmazut Member UncommonPosts: 988
    Development money sinking into lawyers pockets... nothing else is coming from all that... such a waste
  • jesteralwaysjesteralways Member RarePosts: 2,560
    trisox said:
    Losing faith in humanity once more. How can a single individual be sooooo concerened about one single game or company without having financial interest in it? Simply not possible.
    Is it a surprise after what he did with Alganon Online?

    Boobs are LIFE, Boobs are LOVE, Boobs are JUSTICE, Boobs are mankind's HOPES and DREAMS. People who complain about boobs have lost their humanity.

  • GolbezTheLionGolbezTheLion Member UncommonPosts: 347
    edited August 2015
    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.
  • DistopiaDistopia Member EpicPosts: 21,183
    Yet another person fighting against personal responsibility...

    For every minute you are angry , you lose 60 seconds of happiness."-Emerson


  • jesteralwaysjesteralways Member RarePosts: 2,560
    GolbezTheLion said:
    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.
    I don't think they will even bother, unless derek "moron" smart goes ahead and files lawsuit.

    Boobs are LIFE, Boobs are LOVE, Boobs are JUSTICE, Boobs are mankind's HOPES and DREAMS. People who complain about boobs have lost their humanity.

  • SirBalinSirBalin Member UncommonPosts: 1,300
    System said:
    imageSmart Enlists Legal Team, Threatens Class-Action Lawsuit | Star Citizen | MMORPG.com

    In the latest salvo fired across the bow of the Roberts Space Industries ship, Derek Smart has hired the legal firm of De La Pena & Holiday LLP that has sent a letter demanding, among other things, immediate refunds to all parties requesting them regardless of Terms of Service restriction, a forensic accounting of the fund-raising activities of RSI along with a completion date for Star Citizen. All these are demanded via the letter "to avoid legal action" on behalf of Derek Smart.

    Read the full story here

    So, I'll be the first to say that SC has been a joke and handled like a joke, but you can't blame them as people keep buying their bs.  Now that said, I don't see where they've done anything illegal and I'm pretty sure they openly said anyone wanting a refund, can have it?  I know I saw that after Smart's last rave?  So...wtf, there's no need for lawyers...who isn't getting their money back that is trying?

    Incognito
    www.incognito-gaming.us
    "You're either with us or against us"

  • CrazKanukCrazKanuk Member EpicPosts: 6,130
    jesteralways said:
    trisox said:
    Losing faith in humanity once more. How can a single individual be sooooo concerened about one single game or company without having financial interest in it? Simply not possible.
    Is it a surprise after what he did with Alganon Online?
    YUP!!!! This is Derek Smart's MO. Basically cause a big stink and then take over. In reality, he LOVES SC. He is so absolutely jealous of what Chris Roberts has done that he wants to own it, and this is how he goes about it. Just ask the founder of Quest Online LLC. Hiring Derek Smart as a consultant? Worst.... decision.... evar!!!!! 

    Crazkanuk

    ----------------
    Azarelos - 90 Hunter - Emerald
    Durnzig - 90 Paladin - Emerald
    Demonicron - 90 Death Knight - Emerald Dream - US
    Tankinpain - 90 Monk - Azjol-Nerub - US
    Brindell - 90 Warrior - Emerald Dream - US
    ----------------

  • jesteralwaysjesteralways Member RarePosts: 2,560
    CrazKanuk said:
    jesteralways said:
    trisox said:
    Losing faith in humanity once more. How can a single individual be sooooo concerened about one single game or company without having financial interest in it? Simply not possible.
    Is it a surprise after what he did with Alganon Online?
    YUP!!!! This is Derek Smart's MO. Basically cause a big stink and then take over. In reality, he LOVES SC. He is so absolutely jealous of what Chris Roberts has done that he wants to own it, and this is how he goes about it. Just ask the founder of Quest Online LLC. Hiring Derek Smart as a consultant? Worst.... decision.... evar!!!!! 
    No doubt about it man, this guy is a con man of highest level.

    Boobs are LIFE, Boobs are LOVE, Boobs are JUSTICE, Boobs are mankind's HOPES and DREAMS. People who complain about boobs have lost their humanity.

  • RavingRabbidRavingRabbid Member UncommonPosts: 1,168

    I wouldn't be surprised if a judge throws this lawsuit out.

     Sadly the 1st time I heard of Derek Smart was a few years back when he was o this website going after one of the forum posters. I don't remember the specifics but I believe it was over the game Alganon. Left a bad 1st impression with me if it was over criticism of a game then he should have been above it. Also seeing some other news and information on him doesn't exactly leave a great impression.

    All my opinions are just that..opinions. If you like my opinions..coolness.If you dont like my opinion....I really dont care.
    Playing: ESO, WOT, Smite, and Marvel Heroes

  • barasawabarasawa Member UncommonPosts: 618
    tawess said:
    ... But i am fairly sure that he is not dumb enough to do this unless he has some kind of legal leg to stand on. With that said he is quickly losing his entertainment value... But it will have to do for now.
    This is D.S. we're talking about. If you take a look at his past actions, you'd know that he'd jump off a cliff without a parachute if he thought it might get what he wants. Also, one of the first things to remember is that despite wrapping his demands in words that sound like he's fighting for downtrodden customers, he's not. He's after something else, and that's just his tool to use for it. Of course this is all just my opinion and prediction, but I'd say it's fairly well founded on his history.

    Lost my mind, now trying to lose yours...

  • ThoemseThoemse Member UncommonPosts: 457
    That dude is so irritating!
  • klash2defklash2def Member EpicPosts: 1,949
    edited August 2015
    okay now this dude is starting to look desperate.. even if he had some validity the way he is going about it seems to stem from jealousy and desperation. maybe he think he can get cr out and slide himself in?  fanboy behavior tbh
    "Beliefs don't change facts. Facts, if you're reasonable, should change your beliefs."


    "The Society that separates its scholars from its warriors will have its thinking done by cowards and its fighting by fools."



     
    Currently: Games Audio Engineer, you didn't hear what I heard, you heard what I wanted you to hear. 


  • Superman0XSuperman0X Member RarePosts: 2,292
    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.
  • DeathengerDeathenger Member UncommonPosts: 880
    At the very least he has some defamation money coming his way. Guaranteed

    Maybe this should be a lesson for future developers that use kick starter that it is unwise to string people along and break promises.
     
  • Octagon7711Octagon7711 Member LegendaryPosts: 9,004
    I'm taking it for granted that there is a statement posted for the investors with financial accountability and a timeline that gets updated regularly.  

    "We all do the best we can based on life experience, point of view, and our ability to believe in ourselves." - Naropa      "We don't see things as they are, we see them as we are."  SR Covey

  • DistopiaDistopia Member EpicPosts: 21,183
    Superman0X 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...

    For every minute you are angry , you lose 60 seconds of happiness."-Emerson


  • Superman0XSuperman0X Member RarePosts: 2,292
    Distopia said:
    Superman0X 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.
  • DeathengerDeathenger Member UncommonPosts: 880
    I just read Smart's newest addition to his blog on the matter. It's very lengthy and he backs everything he says up with links and such. 

    RSI/Roberts/StarCitizen has big time trouble coming. Anybody that can read thru that article and believe otherwise would have to be the most blind fanboi ever.
     
  • toomuch4212toomuch4212 Member UncommonPosts: 82
    All it would do would delay the game longer and take up fuding for legal fees. Crowdfunding lawyers. Thanks Obama. I mean, Thanks Smart.
  • nyxiumnyxium Member UncommonPosts: 1,345
    Popcorn munching intensifying
  • bcbullybcbully Member EpicPosts: 11,843
    shits getting real.
  • ThourneThourne Member RarePosts: 757
    It's just a letter from a lawyer. It isn't like they went to a court to actually file a lawsuit for anything, nor are they likely to.
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