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Good luck on that Kathleen. This project is one of several examples of why Kickstarter updated their EULA, and thus wasn't subject to the new rules. Any money put into this went into Jason's other project and/or his pocket. This was just a sham.
I'm highly disappointed because I actually wanted this project, and the only comfort I can take in this is that I didn't put in but $10. $10 that was utterly wasted.
The only thing worse is that Jason has deleted his account off here(or being hopeful maybe Kickstarter deleted his account for him) so he won't receive any updates from when people complain here in the comment section.
is there a way to see where our money went, that is didn't go to fund the new project?
Anyone else notice how Jason deleted his Kickstarter profile?
Just to add fuel to the fire, he's back at it selling a new dumb product that he most likely designed with the money we provided for this project.
Seems this bloke is doing it tough, buying toys and such.
Finally it's out in Japan! (Joke).
I'm really sad.
This was my first and latest project on kickstarter.... Very sad about the outcome....
Yeah, a bit too late for this project. this and the geode are the biggest flops for me. definitely has me slowing down on backing projects.
Hey, looks like there are some changes to the TOS for kickstarter. It almost looks like they're for this project (and others like it). Too bad it's probably only applicable to new projects...
Like most, I agree it is a shame that between that usual feature creep and the "big time" investor backing out that this project came to light.
In hindsight we can all say that sticking to the original design and shooing away promises of a multi-million dollar investor now sounds prudent, we have to admit that many of us would be hard pressed to pass on the same opportunity if it was afforded us.
As for legal remedies for the backers, the TOS are fairly clear, we are no different than VC at this early stage and not all investments come to fruition - back in my day the batting average was one worked out of every ten and paid for the others.
I mean to expect to gamble, lose and still make money - you would have to be Wall St.
Lets just hope Jason Giddings doesn't make another project because his poor management skills led to this day light robbery and massive failure. Jason, you brought down the reputation of Kickstarter.
An over funded project, the least you could of done was provide units to the backers when promised then f'd off. The best option for you would be to forget about the keyboard and find a method of refunding everyone regardless of how much they backed.
Update 39 was not a surprise but it is still a great shame to lose such a terriffic product. Jason, if you ever have a second go at this product I'm still interested even though I'd end up paying twice.
I don't know if there is a review process for failed projects (but if there isn't a continous service improvement process then there should be) and adding a withdrawal/dis-engagment process for investors is one lesson that needs to be shared.
Good luck for your future and look forward to your next project.
Well... 2 years later and it looks like Jason is throwing in the towel. I was really hopeful for this project, especially when it went to multi-touch. Seemed like a really logical evolution. Doesn't sound like Jason has much to pay us back, does anyone know if SST bought enough of this company and would be responsible for fulfillment / refunds?
Sorry, 12-Feb-2014 was when he signed on.
Interesting to note... Jason signed onto Kickstarter yesterday (13-Feb-2014) for the first time since September, 2013. I wonder what his thoughts were on all the comments recently.
Jason, if you are reading this, please reach out to the group.
In the interest of being open to everyone, and hoping to bait a lurking Jason Giddings;
I have been in touch with Software Solutions & Technologies (SST), the very people Jason was going through a lawsuit with. I asked them if there was anything they could report to fill in the gaps and in particular regarding case 3:13-cv-01036 (Oregon District Court) too (As for all we know, they may have won and Jason may have filed for bankrupcy).
I feel that as far as SST goes, their answering my email is great however if their answer is true, then their involvement with Jason ended back in July.
They had some very interesting details to disclose.
Keep in mind, I have been completely unsuccessful in verifying their claims with a reliable third party, that being said, I have no idea whether their claims are true. If Anyone could verify in any way at all, that would be great!
"Regarding the lawsuit - TransluSense had voluntarily dismissed its lawsuit
against SST in July 2013..."
"In 2012 SST invested 3Mio$ in Translusense Ltd, in order to create
multitouch keyboard based on IR cameras.
First working prototype was supposed to be produced in summer 2012,but it
never happened. During the 2012 year many times we were promised to have
working prototype : end of summer, autumn, winter...
In the beginning of 2013 we were informed that it is impossible to produce
working prototype and major part of investments are gone."
SST voluntarily gave their version of events to someone they have absolutely no direct connection or relationship with.
What's your story?
Hi all, I've been in touch with Kickstarter and they are going to attempt contact with Mr Giddings, hopefully they'll get back to me soon. I've had a few people get in touch with me, but we need more if we want to take our own action. Please, do get in touch with me: firstname.lastname@example.org - hopefully we can take our own action if the other avenues do not come to anything.
Hi all, after doing some of my own research, it seems that a lawsuit is a possible option - the biggest problem would be organising a way of getting everyone on board with it. Most of the backers pledged over $350, some in the $1200 area - is it actually worth trying to go ahead with this?
If organising and communication is the issue, should we maybe create a Facebook group where we can come together and come up with ideas on how to proceed? If anyone is interested in doing anything, please drop me an email at: email@example.com - and we'll see what we can do. (I'm not evil, details will be safe)
Unless Mr Giddings makes an appearance on here, he doesn't need to tell us anything other than "I'm still here" or something, then I we should at least try organising something, and take it from there.
(I'm from the UK, so not sure what my legal rights are in this case, but I'm happy to help out if others want to).
At this point I have also decided to ask for a refund. This makes only two of the many projects I have backed that I have requested refunds. There may indeed be something behind this one, but with no updates or such it does us no good. As for legal actions, per Thomas' question:
Having talked to Kickstarter about 2 projects lately they are very clear. They have ZERO responsibility and take zero accountability once they get their 5%. It is very unfortunate that they have taken this worthless stance (from the stand of the backers) especially considering we have earned them at least $35M for 2013 (based on at least one report I saw saying they have helped successfully fund over $700M in 2013, with their 5% cut). For $35M, assuming it is not a much bigger problem that they are hiding, you would think they could afford to refund us and pursue the "responsible party", ie; the creator, for the actual funds. If only to keep negative feedback to a minimum. Instead they hide the results of the problem, just like they hide how many failed projects there are (go ahead and try searching). While I still watch Kickstarter this is all putting a serious dent in my future willingness to back projects.
1) It will be costly for us to initiate a lawsuit, as it is unlikely to be pro-bono work on behalf of a legal firm.
2) Partially related to #1, lawsuits (from the few I have read about) have done just about nothing for getting people their money back from crowdfunding. In almost every case the defendant has just declared bankruptcy. In most cases it is not just to avoid the lawsuit though. Most creators are honest, well-meaning people. They just get in over their heads with their project and when they fail (again, according to articles not my own experience) they have already spent most of their own personal funds also.
3) Few of us are likely to have enough pledges to justify the time, effort, and possibly travel needed to deal with a lawsuit. Even if it was decided in your favor and included reimbursement of legal fees.
That is not an expert opinion, just what I have read regarding related incidents for Kickstarter and other crowdfunding platforms.
I would also like a full refund.
I have reported this project to kickstarter.
Every few months, I check in here to see if Jason Giddings has done the right thing. Otherwise, Mr. Giddings has only inspired me to get as far from "investing" in Kickstarter as possible.
Based on this statement provided by Dan on December 31`, "We hope that backers will consider using this provision only in cases where they feel that a creator has not made a good faith effort to complete the project and fulfill," There has been NO good faith whatsoever and I am happy to join any of the 550! backers for this failed project who would like to pursue a full refund.
Is there any legal actions we can make for this? Has anyone spoken to kickstarter?
Nice Facebook picture of this dude riding a horse. He likes Glenn Beck, Sarah Palin and, of course, Kickstarter for his payday.
Any legal people backed this project? Looking at the kickstarter FAQ:
Is a creator legally obligated to fulfill the promises of their project?
This project is 2 years overdue, with the last update 3+ months ago.
Sent an email ↓
I haven't got a reply from him.
His nonsensical behavior is shocking.
It's nice to comment on this site, but as you can see in Jason's bio he hasn't even logged on in three months. So much for his statement of reading every post.
We're 5 months on since your last update.
We're 9 months on since you divulged the legal issues.
We're 11 months on since the alleged legal issues.
We're 1 year and 8 months on since estimated delivery.
We're 1 year and 11 months on since the project was successfully funded.
There have been European countries that have recently broken records for having no elected government, and done so in a shorter time frame than this project has been extended.
There have been record breaking multi billion dollar court cases involving multinational corporations across the globe that are ranked amongst the top of the fortune 500 that were mopped up in a shorter period of time than this petty argument over, relativisticly speaking, tuppence.
Since this project started, 3 governments of 3 separate countries have been overthrown, nuclear war has been threatened on various occaisions, several major natural disasters have happened, a comet was discovered that then evaporated, 200 exo planets were discovered, NASA landed and drove a remote rover on Mars, we have a new pope, 6 leading technology expo's have taken place, your name has been plastered over the world's media heralding this product, EVERYONE with so much as a vague techie interest wants to get onboard...
...and we have to wait 5 months in between updates of you attempting to convince us that:
A) Neither you nor the US legal system is able to get you out of a $4 million dollar argument with a russian who is in breach of a binding contract.
B) You can't stick a piece of glass to some aluminium with IR camera's in it.
Don't get me wrong, you still have my backing, and my money. I'm in no position to demand it back or do anything about it and it's not as if I'm missing it right now, but come on. You have 550 people here that need something, anything, of an update. Are growing less optimistic and are starting to forget.
What's going on?
An update would be nice.
Yes, this project has finally died.
What is worrying is that the translusense.com website now has a godaddy parking page on it. It is a shame that this project now looks like it will never see the light of day.
Any updates ?? He procrastinated the matter until it was almost too late. Could you explain the situation, please?
The Oregon Post is going to make an article on this.
I'm just surprised that with the publicity this product got at E3 the Chinese haven't copied & mass produced on their own.
I hope there will be progress on the legal front. The concept is still very convincing. Best of luck.
You need to update. If you don't you will have more then one lawsuit to deal with.
It's funny how to the right of "Post comment" it says "Be respectful and considerate". Maybe Jason should read this. We all have been swindled. I don't think he had any intension of producing this product. Hope you had fun with our $143K. Karma is a B@*$h sir, and it will come back to bite you. As for your website"TRICKtrac" at least you chose to emphasize the correct part...TRICK, which is all you will do. If anyone else cares to comment to this and cares to join me I would LOVE to look into the feasibility of a small class action type lawsuit to try to get our money back.
Shame on you Jason.
370$ down the drain...nearly 400$ Canadian.
I did many other Kickstarters, not all were successful, but this the most significant fail.
Any updates on this project?
Was any progress made in the pretrial?
It seems pretty clear; your hard earned money plus $3 million was spent ramping up a facility to create a world class product, as well as the R&D to accompany said world class product. I believe Jason when he says he's doing everything he can to bring this all to an amicable resolution. He's tied up in a legal tussel; like it or not, this is business and sometimes this is what happens. Doom3 was almost forced to abort their launch because creative labs decided to file a patent suit against ID Software for using patented algorithms; IDsoftware's choice was either go to war with Creative labs, and release the game after they won, or settle. SST probably want's *something* for that initial $3 million even if they reneged on the vital $4 million. Who knows if that was their plan all along? At this point they need to figure out a solution that works for the previous investor, the new potential investor, and the production demands. It's a poor situation, but outside of a white-knight investor willing to take a significant risk to make this product happen while the litigation continues all we can do it wait.
I too would like an update on where my hard earned money went and what the status is.
The alpha builds comment was about another project, one that's actually showing progress. Also, if the pledges had merely been 50,001, i'd understand running into issues with budgeting. But this kickstarter pulled in nearly 3 times what he projected.
What I was wondering about this project(other than when will we finally get the official announcement that the backers have been screwed out of a collective $143K) is if any of the 14 backers who chose the "Pledge $1,200 or more" ever received the prototype.
Luke if it was a scam do you even think Jason would be on here at all. We all work hard for our money but you also should have been fully aware there is an inherent risk to Kickstarters. It almost appears you don't even read what Jason is say if you are wondering about Alpha builds. Anyways I'm not trying to pick a fight but please your comments are uncalled for and add no value. I believe that Jason is doing everything he can. Good luck Jason!
So far, I've backed 6 projects. 1 is late because they are actively working on it, and the alpha build isn't up to speed, but they make regular updates of their progress, and are in constant dialogue with their alpha testers(i'm waiting on beta build). Other than that, the others haven't reached their stated deadline, or delivered early.
This scam however Is over a year late, and fast approaching a full 2 years late with 0 deliveries. I'm curious as to whether any of the backers that chose the prototype have received anything at all yet, or did you steal their money, hopes, and dreams too? I love the irony of your website... TRICKtrac.com ... it's almost as obvious as Bernie Madoff.
Guys, I am reading every post and struggle with every single one. But SST is reading everything I write and looking for ways to use my posts against me. At this point I don't want to do anything that will jeopardize the ongoing negotiations. Please give it a little time and I promise I will give you an update as soon as we come to some sort of agreement.
Well, I did a bit of Google Searching and stumbled across this court filing, but it was from June:
It seems that Translusense LLC filed against Software Solutions & Technologies AG in the Oregon district court on June 19th - the court filing lists it as: 28:1441 Petition for Removal- Breach of Contract.
It would be good however if Jason at least came and updated people here - 2 Months between updates is too long
Jason, you owe all the backers here an update or explanation as to what has happened. Based on the lack of any updates and the translusense.com site being down, it seems like the project just isn't going to move forward (I do hope I'm wrong there). I feel like you are now giving us the same treatment that you criticized your invest of:
From March 26th update (#33):
"This is an embarrassing situation for him and he will not admit he is having financial difficulty even though his office in Zurich is up for rent"
If the project is dead, so be it, but at least let us know. If there is still work being done, I am sure everyone would LOVE to hear about where things are.
I just wish Jason was man enough to come on here and say . . . "hey I messed up, I tried to expand too fast and this project isn't going to happen." I already succumbed to the idea that I lost $350.00 on this project, but it would at least be better knowing Jason owned up to the problem and left it at that. Since Jason won't do it, I unofficially call this project DOA.
@Jeremy: indeed. This project, and the company, is six feet under. No question.
And now the website is down.