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Thread: Jon Anderson- new band w/Jean-Luc Ponty?

  1. #1126
    Quote Originally Posted by Steve F. View Post
    Wow. $110,000!

    That is a lot of dosh given up by a lot of folks. What are the legal ramifications, if any, of not delivering what is promised on a crowd funded project like this?

    I mean, I know what happens if someone gives us money for a CD and they don't receive it. Are people on Kickstarter who don't deliver able to just take the money and walk?
    This is fun reading, Steve: http://mashable.com/2014/03/06/kicks...c-burns-books/

    I've had passing experience with musicians who shall remain nameless, who copped similar attitudes when they were unable to deliver on pledges after an extended period of time (nothing that devolved into torching of merch though!).
    If you're actually reading this then chances are you already have my last album but if NOT and you're curious:
    https://battema.bandcamp.com/

    Also, Ephemeral Sun: it's a thing and we like making things that might be your thing: https://ephemeralsun.bandcamp.com

  2. #1127
    Studmuffin Scott Bails's Avatar
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    Quote Originally Posted by battema View Post
    Wow. That's one hell of a story. What an asshole.
    Music isn't about chops, or even about talent - it's about sound and the way that sound communicates to people. Mike Keneally

  3. #1128
    Quote Originally Posted by Scott Bails View Post
    Wow. That's one hell of a story. What an asshole.
    And that shit is legal? Isn't he a fraud?
    "The White Zone is for loading and unloading only. If you got to load or unload go to the White Zone!"

  4. #1129
    Member 2steves's Avatar
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    Quote Originally Posted by JKL2000 View Post
    Jon, stop saying "peeps!"!!
    maybe he's talking about thesepeeps__140422233738.jpg

  5. #1130
    Quote Originally Posted by ronmac View Post
    And that shit is legal? Isn't he a fraud?
    I doubt he (or she?) was fraudulent; just some character who saw KS as a great way to make money without having to worry about pesky things like business plans, actual execution, and the like. I have dealt with musicians who had similar attitudes; all sorts of "hey, support us and be a part of the music-making process" at the start of a pledge campaign, and then after time (and multiple deadlines) had passed, suddenly they're talking as if pledges are fascists/capitalists who are simply greedy and unrealistic to have ANY expectations at all.

    The main thing I took away from that story when I first read it, is that KS isn't like buying on Amazon; you aren't protected by any money-back guarantees or price matching or dispute arbitration. It's more like a spec deal. Even if the fundraising goal is met, there's no rock-solid guarantee that anything will actually come of it. And KS isn't going to police that. Like a few folks said, you can try and sue but that's more or a personal choice.

    Most of my fundraising support has gone well for me. I've got one right now that is a potential dud (the new Goblin campaign on PledgeMusic seems to be stalled), but even there, if it blows up then that's my bad for supporting a bad plan to start with.

    And sometimes folks can turn things around nicely, and have some fun with it: http://www.theverge.com/2014/10/1/68...k-danger-brown
    If you're actually reading this then chances are you already have my last album but if NOT and you're curious:
    https://battema.bandcamp.com/

    Also, Ephemeral Sun: it's a thing and we like making things that might be your thing: https://ephemeralsun.bandcamp.com

  6. #1131
    Studmuffin Scott Bails's Avatar
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    Quote Originally Posted by battema View Post
    I doubt he (or she?) was fraudulent; just some character who saw KS as a great way to make money without having to worry about pesky things like business plans, actual execution, and the like. I have dealt with musicians who had similar attitudes; all sorts of "hey, support us and be a part of the music-making process" at the start of a pledge campaign, and then after time (and multiple deadlines) had passed, suddenly they're talking as if pledges are fascists/capitalists who are simply greedy and unrealistic to have ANY expectations at all.
    Um....what part of that isn't fraudulent?
    Music isn't about chops, or even about talent - it's about sound and the way that sound communicates to people. Mike Keneally

  7. #1132
    If he's destroying merchandise that people paid for, instead of shipping it to them, how is that not fraudulent?
    "The White Zone is for loading and unloading only. If you got to load or unload go to the White Zone!"

  8. #1133
    Quote Originally Posted by Scott Bails View Post
    Um....what part of that isn't fraudulent?
    Well, there are folks on here who are a bit more legally-knowledgeable than I am...to me, fraud implies there was never any intention of fulfilling pledges, and the plan was simply to take the $$ and run. I see these folks as, frankly, idiots who talk big but have no idea how to realize this stuff (they think they do, until it actually comes times to execute). And then, instead of owning up to those mistakes, it becomes a giant defensive tirade against "the man" and "capitalism run amok" and all that nonsense. After all, all those high & mighty morals weren't exactly present when they were asking fans for coin.

    So don't get me wrong, I'm not defending these sorts of asshats. I see it less as fraud than gross negligent stupidity
    If you're actually reading this then chances are you already have my last album but if NOT and you're curious:
    https://battema.bandcamp.com/

    Also, Ephemeral Sun: it's a thing and we like making things that might be your thing: https://ephemeralsun.bandcamp.com

  9. #1134
    Quote Originally Posted by ronmac View Post
    If he's destroying merchandise that people paid for, instead of shipping it to them, how is that not fraudulent?
    Truth be told, that part I don't know where that falls in terms of legality. To me that was an insanely dumb move on his/her part, and would definitely give them little/no leverage were they to be sued.

    I read further...according to the organizer he/she (some articles indicate this was actually a woman) is effectively bankrupt and don't have the resources to even do shipping. And eventually, despite all the big bluster, they updated the campaign with a cryptic messages to pledgers that "anyone who still wants a book can have one" but with no instructions on how to get one.
    If you're actually reading this then chances are you already have my last album but if NOT and you're curious:
    https://battema.bandcamp.com/

    Also, Ephemeral Sun: it's a thing and we like making things that might be your thing: https://ephemeralsun.bandcamp.com

  10. #1135
    The agreements and contracts made through KS are legal and binding. If the guy said "Send me $$ and I'll send you a book" and you send him $ he owes you a book. The thing is, if he screws you you can't sue or go after KS. You have to sue the artist directly.

  11. #1136
    Studmuffin Scott Bails's Avatar
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    Quote Originally Posted by trurl View Post
    The agreements and contracts made through KS are legal and binding. If the guy said "Send me $$ and I'll send you a book" and you send him $ he owes you a book. The thing is, if he screws you you can't sue or go after KS. You have to sue the artist directly.
    And who's going to sue over a $50 book....
    Music isn't about chops, or even about talent - it's about sound and the way that sound communicates to people. Mike Keneally

  12. #1137
    Quote Originally Posted by Scott Bails View Post
    And who's going to sue over a $50 book....
    Yep, sadly true.
    If you're actually reading this then chances are you already have my last album but if NOT and you're curious:
    https://battema.bandcamp.com/

    Also, Ephemeral Sun: it's a thing and we like making things that might be your thing: https://ephemeralsun.bandcamp.com

  13. #1138
    Quote Originally Posted by Scott Bails View Post
    And who's going to sue over a $50 book....
    "The White Zone is for loading and unloading only. If you got to load or unload go to the White Zone!"

  14. #1139
    Member Steve F.'s Avatar
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    Quote Originally Posted by battema View Post
    idiots who talk big but have no idea how to realize this stuff (they think they do, until it actually comes times to execute). And then, instead of owning up to those mistakes, it becomes a giant defensive tirade against "the man" ....
    The succinct bit written above could also represent the encapsulated postings of a number of folks found right here....
    Steve F.

    www.waysidemusic.com
    www.cuneiformrecords.com

    - - - - - - - - - - - - - - -

    “Remember, if it doesn't say "Cuneiform," it's not prog!” - THE Jed Levin

    Any time any one speaks to me about any musical project, the one absolute given is "it will not make big money". [tip of the hat to HK]

    "Death to false 'support the scene' prog!"

    please add 'imo' wherever you like, to avoid offending those easily offended.

  15. #1140
    Quote Originally Posted by Scott Bails View Post
    And who's going to sue over a $50 book....
    You could go class action, maybe...

  16. #1141
    Quote Originally Posted by Steve F. View Post
    The succinct bit written above could also represent the encapsulated postings of a number of folks found right here....
    Cheers
    If you're actually reading this then chances are you already have my last album but if NOT and you're curious:
    https://battema.bandcamp.com/

    Also, Ephemeral Sun: it's a thing and we like making things that might be your thing: https://ephemeralsun.bandcamp.com

  17. #1142
    Quote Originally Posted by Scott Bails View Post
    And who's going to sue over a $50 book....
    In the UK, we have the small claims court system. Very easy to do.

    Henry
    Where Are They Now? Yes news: http://www.bondegezou.co.uk/wh_now.htm
    Blogdegezou, the accompanying blog: http://bondegezou.blogspot.com/

  18. #1143
    This is why my Kickstarter lady that i have raised £40,000 for chose "not to go it alone" as she herself said she would have totally underestimated on studio time, engineers, mixing and good quality session guys etc, as well as the cost of shipping and actually "fulfilling" the Pledges, its not just about raising the money to "make the album" --its all the other costs and actually fulfilling the pledges. I think it can be a license to pluck a figure out of thin air in some cases.

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