The Star Citizen member Kickstarter loses his lawsuit for a $ 4,500 refund

Star Citizen's Kickstarter raised more than $ 2.1 million in 2012. Ken Lord, who was eager to play the successor to Wing Commander, a space combat simulation of designer Chris Roberts. development leader of Star Citizen. It was more than five years ago. Today, not only Star Citizen is still in development (its Kickstarter delivery date originally suggested a release late 2014), but it has become a radically different game. Lord did not like the direction the game was taking and was disappointed to see him stay unfinished for so long, so he tried to recover his Kickstarter commitment.

As Lord said Motherboard he first sent a series of messages to developer Roberts Space Industries (RSI) requesting a refund. It was denied on the grounds that it was outside the 14-day deadline for Kickstarter repayments, which is a common hurdle for lenders seeking a refund but also another lessor ] Then he sent a five-page letter to RSI explaining his case, asking for a refund again, and promising a lawsuit if he was ignored. According to Lord, due to multiple sclerosis, a condition that affects the nerves and muscle control, he will not be physically able to play the first-person shooter segments added to the Squadron 42 campaign.

" My hands are shaking badly, "said Lord to Motherboard. "I have tremors … They recently confirmed that you have to do the first-person shooter thing to get through Squadron 42. I can not do that, I can not do that, so my money is stuck in a game that I can "

Nevertheless, Lord's letter was ignored, so he carried RSI in front of the small claims court The court dismissed the case, citing an arbitration clause in the terms of service of the game that protects RSI against such lawsuits.

The clause reads: "If you and RSI are unable to resolve a dispute through informal negotiations, you or RSI may choose that the dispute (except disputes specifically excluded below) be resolved definitively and exclusively by binding arbitration. Any choice of arbitration by one party will be final and binding on the other .. YOU UNDERSTAND AND AGREE THAT YOU HEREBY WAIVE THE RIGHT TO FOLLOW THE COURT AND HAVE A TRIAL OF JURY. "

Notably, these terms have been updated four times in the last six years, and this clause was not in the terms of service in 2012 when Lord supported Star Citizen's Kickstarter. added in 2013. In addition, the top line of the current draft Terms of Service clearly states: "These Terms of Use (TOS) do not affect transactions made prior to its date of entry into force. the transactions are governed by the terms of service in force on the date of these transactions. "

So Why Was Lord's Trial Rejected?" In a post on Reddit Lord stated that "despite the highest sentence on TOS, CIG / RSI argued with success that the arbitration clause should be applied to transactions even before the clause existed. "

According to RSI, only a portion of the $ 4,500 that Lord promised to Star Citizen was promised under the old conditions Lord said Kotaku that his undertaking consisted of several installments over a period of years, as RSI stated in a statement to Kotaku, "a large majority" of his latest promises fell under the terms of service. updated. "His commitments with money in addition to his previous promises have forced him to accept the new terms of service," said RSI

The terms of service of Star Citizen have changed dramatically over the years. . For example, under Commercial Terms, the original project of 2012 says (it is up to us to emphasize the changes between the versions):

"CIG agrees to use its commercial efforts in good faith to Deliver to you but you acknowledge and agree that delivery on that date does not constitute a promise from CIG as unforeseen events may extend the development and / or production time. unredeemed deposit will not be refundable until and unless CIG has delivered the pledge items and / or the Game within 12 months after the date of delivery."

Compare that to the 2015 project which, under Fundraising & Pledges, reads as follows:

"RSI agrees to use his bona fide business efforts to deliver to you ] the Game no later than the estimated delivery date communicated to you on the website However, you acknowledge and agree that the delivery on that date is not a firm promise and may be extended by RSI as unforeseen events As a result, you agree that any unearned portion of your pledge will not be refundable until RSI has delivered the relevant pledge and / or Game. in the eighteen (18) months after the estimated delivery date. "

Now, look at the 2016 bill which also says that the commitments are tied to the terms of the service in force at the time of the promise:

"RSI agrees to use its bona fide business efforts to deliver the pledged items and the Game no later than the estimated delivery date communicated to you on the Website. However, you acknowledge and agree that delivery is not a firm promise and may be extended by RSI since unforeseen events may extend the development and / or production time. As a result, you agree that any unearned portion of your pledge will not be refundable until and unless RSI has ceased development and has not delivered the corresponding pledge. (Commitments made under the previous Terms of Service continue to be governed by the corresponding clause of the Terms of Service or the Trade Terms, as the case may be, which were in e [19659002] Finally, look at this same paragraph as it appears in the current draft, which was last updated on January 25, 2018: