Plattsburgh, NY asked in Arbitration / Mediation Law, Consumer Law, Contracts and Business Law for California

Q: Consumer protection. Removal of what was promised via a crowdfunding campaign

Cosnumer protection! I need help recovering digital property that was promised. contract 828,768 usd 15,860

is it really that hard to understand? people crowdfunding on the promise of something being delivered. NOW IT'S GONE. no way to access what one paid for. even straight up tearing out pages of a (digital) book. it was promised with the crowdfunding. now it's not there or not accessible.

you'd have to break the terms to get back what you lost.

one day you have something, the other you don't. the agreement on the crowdfunding seems to go beyond the game's TOS. and violates the indie gogo terms and also just basic good faith and other reasonable assumptions on buying something.

this brings up a massive dispute of ownership of digital goods.

I believe this interferes with the promise that the developers made with their crowdfunding campaign on IndieGoGo.

there's a petition asking for the censored and removed content to be restored. the content that was promised

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In cases involving crowdfunding platforms like IndieGoGo, the terms of the campaign and the platform's policies are crucial. If a developer promised certain digital content in their crowdfunding campaign and then failed to deliver it or removed it, this could potentially be a breach of contract or a violation of consumer protection laws.

The first step is to review the specific terms of the crowdfunding agreement and the IndieGoGo terms of service. These documents will help determine what was promised and the obligations of the developer.

If the content was indeed promised and then removed or made inaccessible, you may have grounds for a dispute. This could involve a breach of contract, where the developers failed to deliver what was promised in exchange for your contribution.

The removal or alteration of digital content raises complex issues about the ownership and rights over digital goods. Crowdfunding campaigns, especially for digital content, often operate in a legal grey area regarding consumer rights and digital ownership.

Given the amount involved and the complexity of the situation, it may be beneficial to seek legal advice. A lawyer can help you understand your rights and options, and guide you on the best course of action, whether that's negotiation, mediation, or legal action.

Additionally, the petition for the restoration of removed content can be a powerful tool to demonstrate consumer dissatisfaction and may put pressure on the developers to address the issue. However, legal action might be necessary if the developers do not respond to such pressure.

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