Far West has been in layout for years. Just one more chapter to go...
City State of the Invincible Overlord has been in layout for years. If it weren't those nasty tables, it would be done...
Everything by #ConManKen was always "a few more edits", "pencils are shipping the end of the month" or "all my outstanding projects will be completed by the end of July, 2017" and yet...
That's the setup.
Here's the Kickstarter terms as they are today when it comes to completion:
Kickstarter provides a funding platform for creative projects. When a creator posts a project on Kickstarter, they’re inviting other people to form a contract with them. Anyone who backs a project is accepting the creator’s offer, and forming that contract.
Kickstarter is not a part of this contract (this is where Kickstarter washes their hands of any responsibility in ensuring the honesty of creators) — the contract is a direct legal agreement between creators and their backers. Here are the terms that govern that agreement:
When a project is successfully funded, the creator must complete the project and fulfill each reward. Once a creator has done so, they’ve satisfied their obligation to their backers.
Throughout the process, creators owe their backers a high standard of effort, honest communication (all three of the above examples lack such), and a dedication to bringing the project to life. At the same time, backers must understand that when they back a project, they’re helping to create something new — not ordering something that already exists. There may be changes or delays, and there’s a chance something could happen that prevents the creator from being able to finish the project as promised. (usually this is
If a creator is unable to complete their project and fulfill rewards, they’ve failed to live up to the basic obligations of this agreement. To right this, they must make every reasonable effort to find another way of bringing the project to the best possible conclusion for backers. A creator in this position has only remedied the situation and met their obligations to backers if:
they post an update that explains what work has been done, how funds were used, and what prevents them from finishing the project as planned; (this requires a breakdown of expenditures - "living expenses" is not a legitimate expense)
they work diligently and in good faith to bring the project to the best possible conclusion in a timeframe that’s communicated to backers;
they’re able to demonstrate that they’ve used funds appropriately and made every reasonable effort to complete the project as promised; (we know #ConManKen used pencil dice money for film making - he said so himself)
they’ve been honest, and have made no material misrepresentations in their communication to backers; and (look at the above examples - they are poster boys for "material misrepresentation of communications to backers)
they offer to return any remaining funds to backers who have not received their reward (in proportion to the amounts pledged), or else explain how those funds will be used to complete the project in some alternate form.
The creator is solely responsible for fulfilling the promises made in their project. (again, Kickstarter just takes their cut) If they’re unable to satisfy the terms of this agreement, they may be subject to legal action by backers.But there's more. If the PDFs are completed or the films are fully edited and are released to backers in digital form, then the physical products become due. When the physical products become due and there is no money to print, press, pack and ship then the accounting of monies is questioned. If funds haven't been used appropriately, the contract is violated.
By never actually reaching the finish line with the digital works they avoid the obligations to supply physical copies for which there are insufficient funds left. The project is "still being worked on" and the contract is technically not violated, thus the game continues. Well, for some more than others. Gareth hasn't updated Far West in nearly 9 months. #ConManKen hasn't updated any of his various Kickstarter projects in over a year. Damn those pencil dice are taking a long time to ship...