Well, after going dark for so long he has popped up to do another D20 Entertainment PSA. According to the newest video he went overbudget, but he is still working on both KoDT:LAS and Traveller. We just need to be patient.
Still no word on if he even has the KoDT:LAS footage and not even the slightest peep regarding the Deck Dice and Pencil Dice (x2) fiascoes.
Once again Ken "Whit" Whitman dips back into the same old tired well of "I'm working hard, please be patient." Something tells me the potential heat from several State Attorney Generals after him for what has to be, I'm assuming, several felonies, is the real reason behind this video.
I'll give Ken "Whit" Whitman that he sounds sincere, but at this point I think he's eroded any good will he had and even if he is sincere it is too little, too late.
2016.04.16 Now Ken "Whit" Whitman has disabled watching this video outside of YouTube, which is no big whoop, since here is a link. We already have a copy we can post under the doctrine of Fair Use. In case Ken "Whit" Whitman thinks he can try to get all lawery on us, here is a snippet of the law, as explained by Cornell University Law School (emphasis is ours):
17 U.S. Code § 107 - Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
(Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2546; Pub. L. 101–650, title VI, § 607, Dec. 1, 1990, 104 Stat. 5132; Pub. L. 102–492, Oct. 24, 1992, 106 Stat. 3145.)
So with that....let's see how this works out, shall we...
The fact that he sent this video out as a Pencil Dice update and then neglected to even HINT at those projects existing is... very Ken.
ReplyDeleteOh, Kenny. Where have we heard this before?
ReplyDelete---
3/12, 3:37am
Sufflatus Lorem
Tell your backers what you're telling me!
3/12, 3:37am
Ken Whitman
No, because I have the KODT footage done
I am a few weeks away from having Traveller done
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Another 'it'll be done soon' promise from Ken Whitman.
Also, didn't Kenny say that he couldn't talk about this because his 'sekret bakursz' told him not to?
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3/12, 5:03am
Ken Whitman
Because I have been councels not to post IF i want their help
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Sorry, kenny. You burn't amy possibility of getting people's sympathy a long,. long time ago. This is your dishwashing liquid - you soak in it.
Also - it's been over 30 days, and not a word from Kenny about suing me.
What? Kenny hasn't followed up on his threats/promises?
Imagine that.
A failed project and reputation like this, the only way to fix this is to go into "debt restructuring" and working with someone who can vet and give clear actions and progress. Thats definitely not what this video is.
ReplyDeleteOh my....
ReplyDeleteNah. Debt restructuring is only something you do when you owe money to people who are empowered to ruin your credit rating if you don't pay them.
ReplyDeleteAside from his reputation, Ken gets away from this with basically no penalty. At least, until any legal action starts to actually pick up steam, if that ever happens.
The Fair Use Doctrine doesn't keep you OUT of Court - it's just something that you can take TO Court to explain yourself.
ReplyDeleteThat being said, the biggest defense is that Ken has failed to produce anything of Marketable Value, so there is no actionable loss ;)
This video was incredibly sad and painfulto watch. What's with the glasses, though? Do they make him more sympathetic or wise. I remember a similar mea culpa just before GenCon (Ken Sez 7-28-2016):
ReplyDelete"As far as anyone missing books, uh this is what we're doing for right now. We are not selling any product on our website. We have discontinued selling until we get everyone caught up......by the end of August we will get everything taken care of."
Theme music from "Days of Our Lives" would make this video complete.
ReplyDeleteThe video is a nice try but given how many people have offered to completely finish the project for him for free and it is still not done says this is just smoke.
ReplyDelete