Taking Some Action

Yes folks, as many of you will know, our Kickstarter is temporarily in limbo. Fear not we’ll be back online soon and hammering you all for the epic final days of the campaign. Till then kick back and enjoy the in-life-support entertianment, we have plenty of o2. Elite Dangerous BattleCards – back on Kickstarter soon – https://kck.st/2My0jib….#elitedangerous #gaming #battlecards #cardgame #boardgames #kickstarter #cardgames #cardgamesbh #cardgamesinspace #twoplayergame #boardgames #Where2Game #tabletop #tabletopgames #cardgame #boardgamegeek #gamerlife #gamenight #deckbuilding #gamestagram #scifiart #gamedev #indiedev #stretchgoals

Posted by Elite: Dangerous Battle Cards on Tuesday, 31 July 2018

 

Elite Dangerous Battle Cards has now been suspended from Kickstarter for just over three months and still no substantiated claim has been made in regard to any copyright infringement.

Spidermind Games recently updated EDRPG (Elite Dangerous Role Playing Game) backers on delays caused by this suspension, over on our sister site in the blog post The Troll is Starting to Bite

What we haven’t been able to do, with any surety, is update our ED Battle Cards Backers as to when they can expect the Kickstarter Campaign to resume. Whilst we still cannot be sure of a date or even if we will be back up and running, we are working towards a resolution which we hope will be acceptable to Kickstarter.

One fact that is undeniable, is that on the Kickstarter crowd funding platform there are hundreds of projects raising money through their campaigns. For the vast majority of these projects their campaign will progress through Kickstarter never experiencing any suspension . One of the reasons for this lack of any suspension and their smooth journey through the kickstarter process is that they have not been hit with a substantiated copyright infringement claim. Well, neither have we, so why are we any different?

Our lawyers have written to the complainants law firm, which is named on the original claim, and have been flatly ignored. Many of you will know that at the beginning of any legal dispute, both parties appoint lawyers and those lawyers get in touch with each other and not only swap contact details but also the particulars of the case. In this instance the complainant would send to us the particulars of their claim and the details of what remedy they seek (i.e. what they want us to do about it). We have received nothing.

On this basis what has currently happened is that an internet troll has chosen a project on Kickstarter, made a baseless claim about copyright infringement without backing the claim up and then sat back, laughing, as Kickstarter suspend the project concerned. Some would argue that this is Kickstarters best policy as they are not arbitrators and by suspending a campaign both parties can be given time to sort out the claim and either remove the offending issue or pay the correct price for the use of it.

As a policy it should be there to protect peoples copyright and allow a swift resolution when issues arise. What it shouldn’t be is so easily open to abuse and exploitation. Three months into a suspension and no contact of any sort with this claimant leaves our project dead in space, facing a significant financial loss with seemingly nothing anyone can do about it. That is, of course, unless kickstarter reinstate us. If they were to do that then we may well be able to make back the losses we are facing, produce the game we have always wanted to produce and maybe even see it in the shops just like EDRPG is.

Not reinstating us sends a clear message to anyone with a gripe against a Kickstarter project, a competitor or anyone who just wants some lols, that all they need do is send a quick email to Kickstarter, make a baseless claim about owning some copyright and sit back as that project is removed. It has happened to us so what is to say it won’t happen again? On this basis it seems clear to us that Kickstarter have no choice but to reinstate us having given the claimant more than enough time to make their case.

The alternative is that the project ends and those potential losses we are facing become concrete and real. Were that to happen there are several parties that we would see as equal perpetrators in this attack on us. Our lawyers are writing to Kickstarter to ensure that they are happy to re-instate us and that this worst case scenario will not happen. It is now over to Kickstarter.

We shall keep you posted and let you have a response as soon as we get one.

Here’s hoping for some good news in the next few days.

Jon & Oliver

Spidermind Games