The Kickstarter solution?

Printable View

05-13-2016, 04:46 AM
nvs

The Kickstarter solution?

At the time of the Peachy Kickstarter, the Kickstarter Terms of
Service (Anybody have a copy of those?) obligated users to
refund backers in case of failure. And KS has got nothing to do
with Peachy Inc., Peachy was only incorporated after the KS
campaign was over. So that possibly leaves a contractual
obligation for Rylan *and* David to refund KS backers.
Who could then, if they so wish, fund Peachy (Inc.) again.
Does somebody have any lawyer friends that could chime in as to
David's legal responsibility towards KS backers? (He's listed as
Co-founder and Investor on the Peachy KS page.)
05-13-2016, 09:42 AM
oninoshiko

Quote:

Originally Posted by nvs

At the time of the Peachy Kickstarter, the Kickstarter Terms of
Service (Anybody have a copy of those?) obligated users to
refund backers in case of failure. And KS has got nothing to do
with Peachy Inc., Peachy was only incorporated after the KS
campaign was over. So that possibly leaves a contractual
obligation for Rylan *and* David to refund KS backers.
Who could then, if they so wish, fund Peachy (Inc.) again.
Does somebody have any lawyer friends that could chime in as to
David's legal responsibility towards KS backers? (He's listed as
Co-founder and Investor on the Peachy KS page.)

The problem with that is you can't get blood from a turnip. The money is gone. Theoretically you might be able to sell off the house (or maybe other assets David has), but that's going to be pursuant to Canadian law and is going to take time, probably years. I think our best bet is what we are doing in the DIY it thread: he opened source the whole mess and we know the design works, so let's just make some of these printers ourselves.
05-13-2016, 07:11 PM
Very Equipped

Doesn't matter if there is no money, if this is true they need to sell the house at least and reimburse us. I only lost $125 but I know many people spent more, so I feel bad for them the most. We need to start a lawsuit on these grounds. Do you really like letting scammers take your money?

Quote:

Originally Posted by oninoshiko

The problem with that is you can't get blood from a turnip. The money is gone. Theoretically you might be able to sell off the house (or maybe other assets David has), but that's going to be pursuant to Canadian law and is going to take time, probably years. I think our best bet is what we are doing in the DIY it thread: he opened source the whole mess and we know the design works, so let's just make some of these printers ourselves.
05-14-2016, 12:24 AM
oninoshiko

I paid for research and development. I have the results of that in-hand. Your options are to take that and make something of it, or hire a lawyer for more money then you are out to try and recover a percentage of what you're out.

Should the embezzler be brought to the justice, yes. If canadian law permits confiscating the house, that will happen. It's quite possible that it doesn't. Selling the house is outside of Ryland's ability because he don't own it, until a court says otherwise Dave does. Any resolution on the money is going to take years, in the best case. The reality is, at my hourly rate, I've wasted more here in my time then I have invested in the project. I'm going to try to make something good out of the R&D. If you want to waste your time and money going after someone who doesn't control the house you want sold and doesn't have any money to give you, I guess that's your call.
05-14-2016, 02:32 AM
Very Equipped

Quote:

Originally Posted by oninoshiko

I paid for research and development. I have the results of that in-hand.

No, you paid for a printer which had already gone through R&D, and now being tweaked, to be shipped to you, parts and all, to be assembled by you. However, I think backers should be given the option to pay for shipping and get 1 of each part required for the printer to be shipped to us, from the stock that Ryland says he has. 90,000+ parts supposedly. So why shouldn't we be able to get those parts if we're willing to pay cheap shipping? Why should Ryland be allowed to now turn around and sell all those parts for a profit? Am I wrong?

This would probably make backers much happier than we are now.