tag:blogger.com,1999:blog-8602167808094222357.post3875965326870283508..comments2023-10-28T12:54:37.739-05:00Comments on Not Another Dime: 2016.07.03 NAD Gets a Half-Assed Call Out By Ken "Whit" WhitmanChristopher Stogdillhttp://www.blogger.com/profile/07831712020518883173noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-8602167808094222357.post-30998035593294435862016-07-10T11:18:32.847-05:002016-07-10T11:18:32.847-05:00KWW is pissing up a rope with his legal threats (u...KWW is pissing up a rope with his legal threats (unless you live in Georgia). What he threatens is called SLAPP - Strategic Lawsuit Against Public Participation. Basically, abusing the legal process in order to quell speech. There are a number of states that have strong Anti-SLAPP statutes for individuals (Georgia isn't one of them; Texas... he doesn't want to mess with Texas!)<br /><br />Next there are two legal requirements called Jurisdiction and Venue: Venue is where the offense is alleged to have occurred and Jurisdiction is whether the court in question has the legal right to hear the case. My Texas VPN is the endpoint of my online presence as far as legal process is concerned (unless you can dig deeper and find out otherwise) - so any 'online offense' that I engage in will occur in that Venue - Dallas, TX. Now, Georgia Laws have no authority in Texas - two different States, two different sets of laws. As I would be the one accused (Defendant), the Law is very clear that the Venue would be where the alleged offense originated - in this case Dallas, TX.<br /><br />Now for the question of Jurisdiction: Does a Georgia Court have authority over a (virtual) citizen of Texas, (virtually) in Texas, engaging in activity that is lawful in Texas? Short answer: No. Unless you can prove that I am actually in Georgia committing the alleged offenses, then Georgia has no Jurisdiction. In order to resolve this question of Law then, KWW would have to go to Federal Court - as they are the ones that interpret disputes of Law between the States. The Georgia Statute that KWW keeps brandishing is not reflected in Federal Law, so he would have to come up with some other Cause of Action to bring through the Federal Court System (which would have both Jurisdiction and Venue in this hypothetical case).<br /><br />Even if it makes it that far, KWW now has to prove Libel - the printing of defamatory material without basis in fact for the sole purpose of besmirching a persons reputation. That's a tough sell even in the best of cases. But this does open up the opportunity for DISCOVERY - the legal process of gathering evidence against your opponent. Failure to comply with Discovery requests can be interpreted as Contempt of Court and Subversion of the Legal Process - and I am sure that there are things that KWW does NOT want aired during the Discovery Process. Basically, all the questions that have been put forward to KWW by his Backers and by the participants and owners of this Blog: KWW would be compelled to answer them in a timely fashion. That would be part of the Defense Preparation to demonstrate Truth (the absolute Defense to Libel), and it would open up the possibility of Direct, Actionable Evidence being uncovered that could potentially result in specific Fraud Allegations against KWW being proven.<br /><br />TLDR Version: KWW wants to avoid Court more than a Vampire wants to avoid Holy Ground.<br /><br />(Note: Before engaging in activity dependent upon the views expressed here, that could land you in Court, consul with your own, trusted, Attorney or Legal Representative.)TravellerWasAHorsehttps://www.blogger.com/profile/17473286780949361996noreply@blogger.comtag:blogger.com,1999:blog-8602167808094222357.post-40099731529537124202016-07-09T22:14:40.204-05:002016-07-09T22:14:40.204-05:00Oh yeah. I think all the backers have gotten a ra...Oh yeah. I think all the backers have gotten a raw deal that's for sure.Anonymoushttps://www.blogger.com/profile/00283355544167322256noreply@blogger.comtag:blogger.com,1999:blog-8602167808094222357.post-92064885361894110892016-07-07T11:29:16.791-05:002016-07-07T11:29:16.791-05:00In my account, I meant the actually somewhat finis...In my account, I meant the actually somewhat finished work which included the intro (and theme music) and the parts made by the third party CGI artists (Beowulf against green planet, Beowulf against blue planet, end credits animation and Beowulf firing ventral laser turret. I did get the raw footage download. In my opinion, the raw footage was not fit to be posted on youtube as a home-made fan film. I was pretty bummed but he kept feeding us the same clip as a preview of how awesome the finished work would be. True, the download of raw footage was about 20 minutes, but we were promised so much more.Taya Brownstonehttps://www.blogger.com/profile/12511705062402901044noreply@blogger.comtag:blogger.com,1999:blog-8602167808094222357.post-77639287872308854652016-07-05T22:05:42.398-05:002016-07-05T22:05:42.398-05:00Actually I saw a bit more than 1:30 of Spinward Tr...Actually I saw a bit more than 1:30 of Spinward Traveler at GenCon 2015. It was probably about 15 or 20 minutes but I was not very impressed. The friend I went with who had actually backed it, really did not like it.Anonymoushttps://www.blogger.com/profile/00283355544167322256noreply@blogger.comtag:blogger.com,1999:blog-8602167808094222357.post-26443760240894997482016-07-04T10:04:21.575-05:002016-07-04T10:04:21.575-05:00I don't believe Ken Whitman ever did any work ...I don't believe Ken Whitman ever did any work on Traveller after he collected our money. He just kept showing the same 1:30 minutes of introductory footage (and irritating, tinny theme music) done by others. During the campaign, there was a little bit of communication with backers, but after reaching the basic goal, he started selling the "stretch goals." (as in "We can make this a really good show that will be taken by TV producers") <br />The few resin ships that were delivered were of extremely low quality (broken, covered with flashing) and yet he was still selling more ships for $50-$150.00 each. I don't know if he used KODT cameras or what all, but he sure didn't work on the project. I blame myself for not knowing this. That's his "business model," I guess.Taya Brownstonehttps://www.blogger.com/profile/12511705062402901044noreply@blogger.comtag:blogger.com,1999:blog-8602167808094222357.post-9751226250180542732016-07-03T14:49:37.485-05:002016-07-03T14:49:37.485-05:00Just to add - Ken made no secret of the fact that ...Just to add - Ken made no secret of the fact that he had purchased all the camera/computer equipment (including dollies, lights, scores of memory cards, etc) while at the shoot. Any number of crew/cast members can vouch for that. In fact whenever he pulled out a new piece of equipment he made it a point to say that *I* made it possible for him to purchase it. (meaning by allowing him to do the kickstarter).<br /><br />Also when it was suggested to Ken he sell the equipment purchased with Kickstarter funds in order to refund backers or (gasp) actually use it to finish fulfillments, Ken told me personally via PM, "Jolly that equipment is long gone. I had to pawn it". <br /><br />Which of course isn't true - pictures of him using the same equipment has turned up time and time again on his film related projects.<br /><br />The plain truth of the matter is all that equipment was purchased with KODTLAS funding. The curious thing is that equipment was used on Traveller and the C&C film projects. So you would THINK those projects would have substantially less production costs and would have greatly benefited. (i.e. he wold have actually FINISHED them).<br /><br />But the reality there are people who (last i heard) have still not been paid. The effects guy, the composer for KODTLAS, the guy who did the card art for Dice Deck. Not to mention a former AD who is owed a few k. And those guys are only the ones I know about.<br /><br />When it comes to Ken's integrity just remember. This is the guy who claimed all Hard cover books has shipped to backes for months while backers kept posting they hadn't received their books and were ignored. And what happened? We learned Ken sold those books (which were already paid for by backers) to a couple of online retailers (pocketing the cash). He has never given an explanation for that. And why would he? What could he possibly say? You want proof of the type of guy, Ken is there's your example.<br /><br />The cherry on top is this guy now thinks HE'S the victim. He's called backers' "whiners". And he laws down threat of of lawsuit suppressive fire like someone using a sawed off shotgun.<br /><br />All during the months where backer were complaining one of Ken's favorite come backs was, "Sorry my business model doesn't work for you."<br /><br />No Ken, it doesn't.jollyblackburnhttps://www.blogger.com/profile/10842567571943910730noreply@blogger.com