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Not Another Dime! is dedicated to documenting the assorted, and sometimes wild, details of Mr. Ken Whitman's business dealings within the Role Playing Game (RPG) industry. This place is NOT intended to be a medium of discussion about Mr. Whitman, pro or con, but instead be a "jumping off" point to enable the reader to make their own informed decision about Mr. Whitman's history and business character.

Whenever possible, links to the original source material will be provided, but in many cases that information may have been deleted or secured behind restricted-access (like a private Facebook page) accounts.

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Tuesday, August 18, 2015

2015.08.18 Seems Kickstarter Should Shoulder Some of the Blame for Ken Whitman's Scams

2015.08.18 Seems Kickstarter Should Shoulder Some of the Blame for Ken Whitman's Scams
It is pretty clear from Kickstarter's Terms of Service (even their older TOS) that they accept little to no responsibility for projects that go the way of Ken Whitman.

Even with the general release from liability written into the TOS, I do have to wonder what Kickstarter's roles in Ken Whitman's Kickstarter scams really is?

Kickstarter isn't the lawless wild west here, they do allegedly have some checks and balances and even report to do so sort of screening of projects, but how did Ken Whitman get over on them, and through Kickstarter, us?

Can you run more than one project?
The Kickstarter FAQ is a wealth of information, as well as some puzzling questions....

"Can I run more than one project at once?

....We rarely permit running multiple projects at the same time, or launching a second project before fulfilling your first one."

So let me get this straight.....you rarely allow a second project to run before the 1st one is fulfilled, but you let Ken Whitman run an additional six before the 1st one (the seventh) fulfilled? Twice...twice(!) you let two Kickstarters run concurrently.

Kickstarter actually reviews projects?
Well I can understand, I guess....it isn't like Kickstarter actually reviews the projects before they launch.....

"Does Kickstarter review projects before launch?

....Yes we do........We will make sure the project is in line with our rules, and verify that it’s a project with a specific, finite goal — we do not investigate a creator’s ability to complete their project."

Spit-take
Wait a second....what?

So if you have rules regarding multiple Kickstarters and you review projects for adherence to those rules, but you still allow multiple projects from one creator to violate those rules....how can you NOT be somewhat liable for these project failures? Isn't this textbook negligence? Last I checked negligence and willful misconduct specifically negates any Terms of Service indemnification.

Now I'm not a lawyer, but this sounds a lot like grounds for a class-action lawsuit......

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