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Kickstarter updates terms: 'The creator must complete the project'

Marow

Member
I don't really see this changing anything except sounding prettier. Couldn't projects be subject to legal action before too?
 

JaseC

gave away the keys to the kingdom.
I don't really see this changing anything except sounding prettier. Couldn't projects be subject to legal action before too?

Yeah, but this is the first time Kickstarter's actually addressed the elephant in the room directly, so it may go some distance to protecting against situations like this arising in the future (TL;DR: The campaign raised over $340k more than three years ago and the company never sent anybody anything).
 

liquidtmd

Banned
You don't need an audit trail, you need a Kickstarter that makes sense. If stretch goals are always in equal subsequent increases you know someone has no clue what they are doing. Giving a flat rate increase every tier for different things is a sham. Its never that clean.

A Kickstarter should lay out where every dollar is being spent with for their funded goal. If a 5k project is laying down that division in 500 dollar increments... They're out to get your money and have no clue. Breakdowns need to make sense and you'll never pay the same amount for 10 different elements.

Arbitrary increases that always hit a rather large rounding are red flags. Why does it cost 25k EXACTLY for tier X and 25k for tier Y? Why isn't it 22,250? Or 26,180?

A Kickstarter should never be backed if a first Kickstarter failed and a second one is promising the same thing at a lower price. Something is up. Promising X, Y and Z for 10k then failing and launching a sequel Kickstarter for X, Y and Z for 4k is another red flag. How can the exact same project cost so much less this time around? I want to see a KS with 18,362 as a goal with financials laid out, not 20k flat. Is asking for legit financials too much? Are my expectations too high?

Unless a KS has a brilliant financial plan laid out in its pitch, I won't back it UNLESS I know the person (<3 IndieGAF). You don't need an audit, you need to just read between the lines.

Edit: in addition, I've seen KS blatantly tell you they inflate pricing due to KS and Amazon cuts. You know what? Fuck your shit. That's yours to eat when you ask for coin. As someone who will be making my way to KS soon for a project I'm laying my shit down clean. No "food" costs. Just costs for software and Dev kits. I need to cut my teeth somewhere and I don't expect people to cover every corner of development, that's my burden to fill in the blanks.

Rant end.

I'm sorry it's probably early, in terms of accountability you're saying you don't need to be able to provide an audit trail but what you're after is some kind of breakdown of where the financials have gone / are going...like an audit would provide? Admittedly audits are mostly done looking over the project retrospectively but the planning facilities to accomodate audits are process driven and should be implemented from the offset.
 
Im all for this.

While I'm definitely not one of those people who's going to be up in arms and screaming for blood if the kickstarter I backed fails, I do think this update will hopefully inspire devs to take a long hard look at their project before bringing it to kickstarter or at least try and bring it to kickstarter with more than just concept art and promises.

I know it's not going to be the case with a lot of projects, but I feel any big money project should be done in a similar way to how larian handled divinity original sin, where the game was essentially built, but the kickstarter was used to provide more scope and polish over all.


On the other hand you could end up with the situation of developers who aren't truly confident in their project deciding to forgo kickstarter and instead do the at times slightly sketchier approach of using their own sites for donations (I'm looking at you "black isle" in name only)
 

SerTapTap

Member
A Kickstarter should lay out where every dollar is being spent with for their funded goal.

Edit: in addition, I've seen KS blatantly tell you they inflate pricing due to KS and Amazon cuts. You know what? Fuck your shit. That's yours to eat when you ask for coin. As someone who will be making my way to KS soon for a project I'm laying my shit down clean. No "food" costs. Just costs for software and Dev kits. I need to cut my teeth somewhere and I don't expect people to cover every corner of development, that's my burden to fill in the blanks.

Ummmmmmmmmmmmmmmmmmmm you realize the Kickstarter/rewards costs are not optional, right? And that the cash for kickstarter literally comes directly out of the Kickstarter amount? So...it would be grossly irresponsible to not list that. You can't list your costs without listing that.

Also, if someone had the spare money to "eat food" for 1+ years while working on a project (and the several thousand dollars of other annual expenses real meat people actually have) they wouldn't need kickstarter. You don't start a kickstarter to buy a $1000 devkit while you can comfortably pay $20k or whatever a year to keep yourself alive.

The majority of the cost of pretty much any game kickstarter is going to be labor. This is...how software works. It would be lovely if everyone was given infinite free food, shelter and no taxes and only had to pay for a visual studio license and some DS4s to test with, but that's not how it works.
 
I don't really see this changing anything except sounding prettier. Couldn't projects be subject to legal action before too?

It's to cover their own asses. If the lawyers are going after the projects, then Kickstarter is the next target.
 
It's to cover their own asses. If the lawyers are going after the projects, then Kickstarter is the next target.

This likely the case.

I don't see this affecting that much, with regards to kickstarted games. What/who defines completion? What's to stop a dev from just releasing their working prototype as a way to escape this legal issue and just say, "Hey, I know it doesn't live up to expectations. But this it the completed game. All future development is now an 'update' or a 'bug fix' and not ongoing game development."
 

Azih

Member
Wow that changes EVERYTHING. Oh I'm sorry I meant to say ABSOLUTELY NOTHING.

Same deal as before. Games are incredibly risky creative ventures. How they get funded is immaterial to that fact. If a Kickstarter fails you're going to have to pay for a lawyer to have a hope of getting your money back if the creators can't or won't do it.
 

RVinP

Unconfirmed Member
"If your project is successfully funded, Kickstarter will apply a 5% fee to the funds raised, and Amazon will apply credit card processing fees (about 3-5%)"
(Ref: https://www.kickstarter.com/help/fees for US)

Isn't Kickstarter also supposed to take the blame for a unfinished project/production?
Because Kickstarter and Amazon pockets some of the money?

Since Kickstarter has already isolated itself (via terms and conditions against creators), then the backlash on the creators of those failed Kickstarter project/productions also takes the blame of the unreceived 5% (Kickstarter costs) + 3-5% (Amazon cost) from the public eyes (since not a lot of the people who invest money realize the cuts from the entire kickstarter money pool).

Which I think is not correct..
 

Scoot2005

Banned
This is fucking awesome and hilarious and sad at the same time. The fact that this had to be included in the policy for using kickstarter is sad.
 
This is fucking awesome and hilarious and sad at the same time. The fact that this had to be included in the policy for using kickstarter is sad.

It really isn't when you consider what kickstarter actually is. There are no guarentess and there won't be any.
 

chaosaeon

Member
I always like more transparency in things like this. If it's how it sounds, I wish it'd been implemented sooner, there's a few kickstarters I'd really have liked to know what the heck happened along the way or where the money went.
 

bernardobri

Steve, the dog with no powers that we let hang out with us all for some reason
I'm surprised that people still consider that donating money to a project in Kickstarter and getting an item in return is the same than being an active investor in the project (It's not. Get it together.)
 
All it does is safeguard KS from any legal action.

You shouldn't be expecting anything on KS to be finished. You are investing in an idea, not a finished product.
 
Kickstarter can't enforce this new rule so it's pretty meaningless. And what are jilted backers going to do about it? Spend time and money on suing a creator who is probably already bankrupt?

This. Kickstarter needs to be more forward thinking and see that it cannot enforce this in any way, shape, form, or fashion.
 

TheSeks

Blinded by the luminous glory that is David Bowie's physical manifestation.
Should've been there day one when Double Fine lit a fuse on Kickstarter-games and the like.

This is a total ass-covering move by Kickstarter after that lawsuit. Still, it's at least a good move in regards to holding backers accountable. Think you're going to take the money and run now? NOT ANYMORE.
 

strafer

member
DICE should adopt this policy.

iceburn.gif
 
Kickstarter can write all they want about TOS. But good luck having them enforce it. Shit like that Susan Wilson fiasco pretty much soured me on Kickstarter.
 
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