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

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  • RolanStormRolanStorm Member UncommonPosts: 198
    CrazKanuk said:
    psiic said:
    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.
    I kinda hope there is something to the suit. I kind of think we need to have some established laws directly related to crowdfunding.
    Such as what? There are laws surrounding this. He's already indicated as such. The FTC is actually accepting complaints. Looks like they didn't find anything valid in Derek's request, so he's decided to take the law into his own hands. Don't think that Derek doesn't know his way around a courtroom, though.

    Unfortunately, Derek Smart isn't helping the case for justice against crowdfunding AT ALL!!! He's essentially launched a lawsuit against a crowdfunded game that is, arguably, in better shape than his own property. Also, his efforts are entirely focused on derailing Star Citizen, for some reason. IMO, his efforts are better spent on improving his own game, which is in shambles, and working on making Alganon Online passable as an MMORPG. Instead, he's throwing money at lawyers on a witch hunt. Oh, and THIS is who QOL backed to run their company? Eff me! <-- this is what I'm sure has come out of their mouths a thousands times over since he took over. 

    No, this suit isn't good for crowdfunding legislation. It will NOT set a good precedent and it will NOT "fix" crowdfunding (which is arguably not broken in the first place). I mean if you want to crusade against something, why not crusade against games which delivered nothing and have gone "dark". Star Citizen releases news updates on a weekly (maybe even daily) basis. It is certainly AS agile with their updates as LOD is and it's significantly higher quality. Don't believe me, though, just have a look at this AMAZING 8 year-old particle effects:
    http://store.steampowered.com/app/266620/

    How can they make it look so real?!?
    Wow. That's horribad. Also, reviews. On top of that - two factions? One planet? So original.

    Again - wow.
  • RolanStormRolanStorm Member UncommonPosts: 198
    Margrave said:
    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.
    I already said in another thread that we should sue Smart for his games. :) No one refunded me disaster BC3000AD was. ;)
  • H0urg1assH0urg1ass Member EpicPosts: 2,380
    If Derek has any legitimate reason to believe that these people are embezzling the KS funds, then why doesn't he simply produce the proof?

    He's making a mountain of unfounded claims and to be honest I'm surprised that they haven't filed a defamation suit against him at this point.  Unless they really are hiding something.  The tricky part about all of this, is that Derek could actually turn out to be right.  None of us know either way.  If he turns out to be right would he become the hero we needed, but not the hero we wanted?  Does that even make any sense?
  • RealizerRealizer Member RarePosts: 724
     The truth is though, these are just legal threats. Smart's lawyers don't want to really take this to a class action scenario, the point of it is just this, to get us talking about it. In turn Smart's lawyers will contact Roberts' lawyers and give them an ultimatum. It will say something along the lines of, if they don't settle outside of court with X amount of money, they will continue the charade; causing more publicity issues for Roberts. Smart's lawyers will attempt to bully Roberts into appeasing Smart, via either money, or other means. This happens all the time in other lines of business. It's no different than the person who sues the coffee shop, after they burn themselves for drinking it fast. Meaningless threats to try and gain a payout.

      Roberts having been around the block already has a multi country legal team on retainer, this isn't a waste of crowdfunding money either, every company needs lawyers for creative rights, and many other constant legal issues involved with making a game. I'm sure they are familiar with these bully tactics.
     
     The man obviously has delusions of grandeur, maybe he thinks if he somehow brings down Star Citizen people will flock to him looking for the next space sim game, and he can takeover. Obviously this will never happen, but I can't see another reason for his antics, aside the "some men just want to watch the world burn" situation.
  • LunarshadeLunarshade Member UncommonPosts: 25
    It seems if this Smart guy spent as much effort on the game development of his past failed attempts then maybe he would have been a success by now.
  • jesteralwaysjesteralways Member RarePosts: 2,560
    Wizardry said:
    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.
    How much legal protection a company needs? How about you ask your mentor(or are you him?) derek "moron" smart about it? He is the one threatening with lawsuit. Scammers like him is the reason a company, especially a multinational company like RSI needs strong legal protection.
    For rest of your bullshit, if you are so sure about them, bring us proof. If you can't then just STFU.

    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.

  • SlyLoKSlyLoK Member RarePosts: 2,698
    Distopia said:
    Distopia said:
    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.
    Believe me I get all of that, I was just affirming your original point. Point number 2 is hard to prove either way, until they walk away without completing a game. Or someone steps in and finds they have not put forth such effort.

    It really depends when he gave them money. Did he do it through their kickstarter? If so then they definitely havent delivered on it. If he gave them money through their website then he probably has no chance.
  • TheocritusTheocritus Member LegendaryPosts: 9,976
    Once people pay money their expectations change...The problem with kickstarter is you are paying money now for something that may not happen for a few years if at all.....
  • jesteralwaysjesteralways Member RarePosts: 2,560
    SlyLoK said:
    Distopia said:
    Distopia said:
    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.
    Believe me I get all of that, I was just affirming your original point. Point number 2 is hard to prove either way, until they walk away without completing a game. Or someone steps in and finds they have not put forth such effort.

    It really depends when he gave them money. Did he do it through their kickstarter? If so then they definitely havent delivered on it. If he gave them money through their website then he probably has no chance.
    The money was returned, derek "moron" smart made a huge post on his blog about it. He said that returning his money was a proof that RSI was not anywhere near developing the game and they don't want backers to ask questions thus the return of money. And now "moron" claiming he did not get his money back, so he will sue RSI, fucking loser.

    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.

  • jesteralwaysjesteralways Member RarePosts: 2,560
    Once people pay money their expectations change...The problem with kickstarter is you are paying money now for something that may not happen for a few years if at all.....
    They have already released several alpha modules, not the ones as promised and not at the time of december 2014 but they did release a few and game is being developed, they are ready to release more module soon. They also mentioned the reason for the delay, apparently some of the original feature of the game now seem lackluster to Roberts since they have been backed with more than 80 million $, he himself dismissed several modules that was developed as they were not satisfactory to him even though that is what he promised to do during kickstarter campaign. My friend backed only about 200$ but he is more than satisfied with what he sees and he is stoked for more to come, he even got mails from RSI for his input on the game development.

    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.

  • TealaTeala Member RarePosts: 7,627
    edited August 2015
    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.
    Oh please, Derek Smart [mod edit] has absolutely nothing to stand on regarding his little ranting and raving.  RSI owes him nothing and any judge in their right mind would laugh their ass off at Derek's nonsense.  So stop with the "has big time trouble coming" - it's never going to happen.  If I were Chris Roberts I'd totally ignore Derek and just keep making the game.  [mod edit]
    Post edited by Vaross on
  • ishistishist Member UncommonPosts: 213
    I think I'd like to sue Smart for trying to waste the money I pledged to Star Citizen on legal fees.

    In the beginning the Universe was created. This has made a lot of people very angry and been widely regarded as a bad move. - Douglas Adams

  • jesteralwaysjesteralways Member RarePosts: 2,560
    ishist said:
    I think I'd like to sue Smart for trying to waste the money I pledged to Star Citizen on legal fees.
    You can ask for refund, RSI is quite happy to refund people who are not happy with the game progress, nearly 1300 people got refunded(possibly more now).

    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.

  • ZandilZandil Member UncommonPosts: 252
    Now here is a worthwhile person for lizard squad to go after. 

    image
  • KefoKefo Member EpicPosts: 4,229
    If Derek turns out to be right then I will book time off work so I can constantly refresh the forums to see everyone explode in an orgy of anger and hate fueled posts.


    If Derek is wrong I will probably still take time off work to watch the forums explode in an orgy of anger and hate fueled posts but directed at Derek himself.

    Either way its free entertainment for me minus the cost of the food and booze of course!
  • tawesstawess Member EpicPosts: 4,227
    Zandil said:
    Now here is a worthwhile person for lizard squad to go after. 

    They only go after targets that stroke their own ego... As in produce headlines in traditional media. Smart is way to small of a guppy for them to go after. 


    This have been a good conversation

  • dorugudorugu Member UncommonPosts: 184
    so he no longer wants an "accountant" 2 go thru theyr books? :)
    didnt he demand they return all th funds? dunno ow he can demand tht or does he think hes representing evry1 tht helped fundin th game or perhaps tht if tht happens those funds will go 2 him instead? :)
  • badirontreebadirontree Member UncommonPosts: 42
    Ahahahhaha For what? he got his money back... Now he is just a forum warrior that is batshit crazy ...
  • SeelinnikoiSeelinnikoi Member RarePosts: 1,360
    edited August 2015
    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.
    Yup, Derek would not be wasting his time and resources if he did not know what he is talking about.
    I have read the article and I have to agree with Derek, this whole Star Citizen is the biggest scam in gaming I have ever seen.
    Forget the fact that some people might or might not like Derek's games, but what is at stake here is that plain out scamming coming from that RSI/CIG company that is making Star Citizen.
    The worst blind is the one that does not want to see.
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  • GdemamiGdemami Member EpicPosts: 12,342
    Yup, Derek would not be wasting his time and resources if he did not know what he is talking about.
    C'mon, the guy would do just anything to get attention... That is what this is all about.
  • OlgarkOlgark Member UncommonPosts: 342
    Really this is the best he can do? Ever seen a Derek Smart game?
    He just comes across as an angry and bitter little boy that needs to grow up.

    image

  • DistopiaDistopia Member EpicPosts: 21,183
    edited August 2015
    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.
    Yup, Derek would not be wasting his time and resources if he did not know what he is talking about.
    I have read the article and I have to agree with Derek, this whole Star Citizen is the biggest scam in gaming I have ever seen.
    Forget the fact that some people might or might not like Derek's games, but what is at stake here is that plain out scamming coming from that RSI/CIG company that is making Star Citizen.
    The worst blind is the one that does not want to see.
    Do you not understand what an accusation is (it must first be proven)... Secondly you obviously already made up your mind based on your opinion."this whole Star Citizen is the biggest scam in gaming I have ever seen.".. yet call others blind and not wanting to see... irony to the say the least...

    Anything could be true here... including DS being full of it..

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


  • hfztthfztt Member RarePosts: 1,401
    They actually said they refunded his money and want nothing more to do with this person as a customer. So just as you said, the moment that refund transaction to Mr. "Smarts" account is shown it'll get thrown out.
    If law just was that simple. You cant get off that easy.
  • IAmMMOIAmMMO Member UncommonPosts: 1,462
    edited August 2015
    This guy is running on full butt hurt pride, RSI should really hurry up and give this bundle of hurt pride back its money and be done with having anything to do with him. He's just using the legal system to act on his bitterness.
  • PhryPhry Member LegendaryPosts: 11,004
    Distopia said:
    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.
    Yup, Derek would not be wasting his time and resources if he did not know what he is talking about.
    I have read the article and I have to agree with Derek, this whole Star Citizen is the biggest scam in gaming I have ever seen.
    Forget the fact that some people might or might not like Derek's games, but what is at stake here is that plain out scamming coming from that RSI/CIG company that is making Star Citizen.
    The worst blind is the one that does not want to see.
    Do you not understand what an accusation is (it must first be proven)... Secondly you obviously already made up your mind based on your opinion."this whole Star Citizen is the biggest scam in gaming I have ever seen.".. yet call others blind and not wanting to see... irony to the say the least...

    Anything could be true here... including DS being full of it..

    Kind of agree, but the thing is, when lawyers get involved, it usually means there is blood in the water, they are just sharks at the end of the day, and they don't care much who the victim is, as long as they get to eat.

    Interesting times indeed.
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